Electronic Data Logs are Unbiased, Aren’t They?

In the past, data logs were done by hand.  They were easy to fudge, easy to alter, and there was very little accountability.  Today, it’s almost all electronic.  The ELD, Electronic Logging Device, creates a digital record of the truck’s location, engine status, movement, miles driven, and hours of service record.  Those records, however, don’t always mean that the driver was rested, or even that the ELD is telling the full story.

The Car Crash Captain looks at what happens when an ELD log is wrong, how are they falsified, and what you can do if you’re the victim of a north Texas truck wreck.

The Computer Says Everything Was Fine

There’s a major truck wreck, and people are injured.  The trucker says he wasn’t tired, and the company he drives for backs him up.  The ELD shows proof that the driver took the required break, the hours were legal, and he was completely cleared to drive just before his 80,000-pound rig plowed into the back of a line of stopped cars.

The ELD, it turns out, is just one piece of the story.

Suppose the driver logged off at 11:13 PM and back on at 7:17 AM.  That doesn’t mean he got 8 hours of rest.  Digging deeper, we might discover that there’s a fuel receipt for 1:45 AM.  A toll road record at 3:30.  A bill of lading sometime later.  There are records that show just because the ELD says one thing, the real story might be very different.

The ELD Is Not a Magic Truth Machine

The FMCSA requires most commercial drivers to use ELDs to record driving information.  They automate most of the records, but they don’t eliminate every opportunity for inaccurate, incomplete, or misleading records.

That’s because the driver can log off, but still drive the truck to the grocery store and pick up some food – this is considered personal driving and not active hours of service driving.

Or, the driver can simply unplug the ELD, and continue on down the road.

Perhaps they’re a bit savvier and they can get into the software and retroactively change the data.

Sometimes, and it’s a bit rarer, they trucking company merely has the driver log in with a fake employee profile, and then just keep on trucking.

That’s not even considering that some ELDs are just poorly designed.  These don’t come standard and included in the big rigs, they are purchased and installed.  The FMCSA has repeatedly removed ELDs from its registered-device list for failing to meet minimum requirements.  That fact alone means that “It’s electronic, therefore it’s accurate” isn’t an excuse anyone can hide behind.

Can ELD records be wrong?  Yes, ELDs automatically record vehicle and engine information, but the ELD record can still contain inaccurate duty-status information, be edited, or fudged.  After a serious truck wreck, ELD data must be compared with independent evidence rather than evaluated by itself.

Trucks are Leaving Receipts Everywhere

Even when the ELD shows the driver logged off, other records pop up.  Phones monitor GPS, and might show that the driver was miles away from their alleged stopping point.  Fuel cards, credit cards, and security cameras may show the driver hours later and even farther from where they supposedly stopped.

Suppose the driver wasn’t actually driving, if they’re taking an 8-hour break, they should be resting to ensure the next day’s travel goes smoothly.

Instead, GPS shows they’re not snoozing in the sleeper cabin.  Toll roads ping that they’re actually moving.  Cell phone records can indicate they weren’t resting.  Increasingly, dashcams are becoming required in cabs and can show that the vehicle is moving or the driver isn’t actually resting.

Dealing with personal matters, speaking to dispatch, loading and unloading, or just insomnia can mean that the driver has met the legal operating hours, but they’re far from rested.  In fact, the Code of Federal Regulations specifically says that drivers can’t operate when fatigued or ill (or otherwise have diminished ability to be alert).

There’s More to The Story, Herbert Law Group Finds It

The logs say the driver was off-duty for eight hours.  But the outcome of the wreck doesn’t match up with that story.  Toll roads, fuel receipts, GPS, dispatch, traffic cameras, and more all point to a conflicting story that makes you wonder:

“What really happened in those off-duty hours?”

Truck wreck cases generate mountains of electronic evidence, and some of it disappears or becomes harder to find as time passes.  Are you in the position to collect ELD records, GPS data, and dashcam footage just as fast as the trucking company is?

Herbert Law Group knows how to get that information, and how to cross reference it to the ELD logs.  All while you are focusing on healing from your injuries.  Let us take stress from you.  Call our offices in Richardson, Texas at 214-414-3808 and we’ll have a free conversation on what happened and what the next steps are.  No time for a call?  Fill out the contact form and we’ll get one scheduled.

Their Investigation is not the Same as Your Investigation

The investigation doesn’t start when you think it does.  Long before you pick up the phone to call Herbert Law Group, to figure out how you can pursue justice and receive the compensation you deserve, the trucking company has launched their own investigation.

You’re in the ambulance on the way to the hospital, and they’re making calls.  You’re getting X-rays, and they’re assigning adjusters and talking to attorneys.  You haven’t even had a chance to call your loved ones to tell them what happened, and they’re writing reports, preserving evidence, and reconstructing the scene.

The Car Crash Captain explores what happens behind the scenes.  The part that most people never see.  Today, we look at how a truck wreck doesn’t create an investigation; it creates two of them.

They’re Investigating Immediately

There really aren’t sinister motivations here.  There’s no corporate fat cat sitting in an office, wearing an expensive suit, smoking a Cuban cigar, scheming on how the corporation can swindle people out of their money.  The board room is, however, filled with people who want to maximize their business profits.  And they know that catastrophic truck wrecks can cost millions of dollars.

So, as soon as they receive word that a wreck has occurred, they spring into action.  Their investigation includes:

• Accident reconstruction experts
• Photographing the scene before anything changes
• Interviewing their driver
• Downloading the black box data
• Preserving dashcam footage
• Reviewing GPS records and dispatch communications
• Notifying defense attorneys
• Documenting anything that may help reduce their liability

Nothing they’re doing would be considered “wrong.”  They’re doing what every responsible company should do after a serious wreck.  What is wrong, however, is that the injured party often assumes this investigation is also looking out for their interests.

The trucking company’s job is to determine (and minimize) their legal and financial exposure.  But who’s collecting and preserving evidence for you?

Your Investigation has a Different Goal

On the other side, there’s another investigation that should be starting.  It’s not to prove that someone is evil.  It’s not to shake a finger at a driver and condemn them as a human being.  It’s to ensure that you have the right answer to all the questions.

We’re not asking, “Who caused the wreck?”  Instead, we’re asking:

• Was the driver within legal hours?
• Was fatigue involved?
• Was the truck properly maintained?
• Were the brakes inspected before the trip?
• Was the trailer loaded properly?
• Were unrealistic deadlines set?
• Is the black box or GPS being manipulated?
• Are there third-party witnesses or traffic cameras nearby?

Sometimes your investigation will confirm that the truck driver made a tragic mistake.  Sometimes it will show that a third party is liable.  Sometimes it will show that the trucking company knew this was bound to happen eventually, and it’s a matter of doing business.

Ultimately, you need the facts.  Because a good investigation doesn’t start with blame, but rather it starts with questions.

Don’t Wait, Evidence Degrades

Evidence has a shelf life.  Over time, it’s going to degrade.  Not because someone is out there intentionally destroying it (that does happen, but it’s not common).  It’s because time changes everything.

Over time:

• Witnesses move
• Memories fade
• Dashcam footage is overwritten
• Tire marks disappear
• Vehicles are repaired
• Electronic data retention periods expire

It’s not that someone is afraid, and it’s not that someone is sinister.  It’s the reality of evidence and the progression of time.  The strongest cases are built with fresh evidence.

Often, after a crash, people wait for the insurance company to finish their investigation.  But the trucking company’s insurance company isn’t conducting your investigation; they’re conducting their own.

We don’t want to rush a lawsuit or point fingers, but we do need the facts.  And if nobody is asking the questions, and nobody is preserving the evidence, it’s going to disappear along with your hopes of receiving justice.

Herbert Law Group is Your Investigation Partner

That’s why you need a strong partner that will be on your side.  The trucking company’s investigation exists to protect the trucking company.  Herbert Law Group will help you uncover the complete picture, protect your interests, and create your investigation.

We need to learn what happened to you, and that all starts with a free phone call.  Call our offices at 214-414-3808, or fill out our contact form, and we’ll get to know each other, find out what happened, and determine what the next steps are so you can receive the compensation that you deserve.

You Need a Truck Wreck Lawyer Immediately

Fully loaded trucks weigh around 80,000 pounds.  After the wreck, the towing company hauls away what’s left of your vehicle, and you’re treated for this “minor wreck.”  And since then, you haven’t slept through the night.  Nightmares wake you up, neck and back pain keep you up, and to make it worse your phone won’t stop ringing as lawyers, companies, adjusters, and more keep calling.

Somewhere along the way one of those you’re corresponding with says, “It appears this was a minor accident.”  You wonder how that could be, because when you were at the scene of the crash and your vehicle was nothing but a twisted pile of metal, nothing seemed minor then.

The trucking company has their lawyers, the insurance company has their adjusters, and those two parties are thinking, “We need to downplay this.”  And that’s why you need the Car Crash Captain on your side.  As they downplay, we push back.  From our offices in Richardson, Texas, we tell it how it really is, and it certainly wasn’t a minor accident.

Their First Goal is to Minimize the Crash

It’s a clever marketing technique used against you, the victim.  Buying a new car, you see a price tag into the tens of thousands of dollars – let’s say $50,000.  That’s a huge chunk of money.  But the salesman minimizes and says, “Well, it’s only $650 per month!”  And suddenly that fifty grand isn’t quite so daunting.

When you’re in a massive car crash with a big rig, it’s big and daunting.  But through clever wordplay, the insurance adjusters and trucking company lawyers want you to feel as though it really wasn’t that bad.  So, they casually weave in phrases like:

• Minor accident
• Low-impact collision
• Property damage only
• Simple rear-end collision
• No visible injuries
• Routine Accident

They want you to focus on the “minimal” damage to your vehicle.  Something easy to replace.  They ignore damage to your body and psyche.  Because they know that’s what gets expensive really quickly.

But your tweaked back, concussion, and emotional distress don’t care about the bumper on your car.  You aren’t worried about replacing the vehicle; you’re worried if this limp is ever going to go away.  If the nightmares will ever stop.  If you’ll be able to work again.

This is just the first step.  The next step is more insidious.

Their Next Goal is to Minimize the Injury

A minor accident means minor injuries – at least that’s what they want you to think.  But we know the severity of the wreck doesn’t always correlate with the severity of the injuries.  However, if you are convinced it was just some property damage in a minor accident, they can now convince you that your injuries are minor injuries.

And now, they’re weaving in words like:

• You seem fine
• People are resilient
• You’ll recover quickly
• You’re feeling better already
• Soft tissue damage
• Minor whiplash
• No permanent damage

And that’s because the most expensive injuries don’t show up in emergency room moments the way they do on TV.  Instead, traumatic brain injuries can take weeks to fully manifest.  Chronic pain isn’t realized to be chronic until it won’t go away.  Nerve damage might start as numbness, and proceed into unbearable pain.  Sleep disorders are compounded by psychological distress and trauma.

You wouldn’t say a cancer patient has “a few abnormal cells.”  And a stroke isn’t a “temporary circulation issue.”  But somehow your concussion is just a headache.  Your PTSD is temporary and not that bad.  Eventually you’re convinced you’re the problem, and not the truck wreck that ruined your life.

When They Downplay Your Case, You Ask Why

You know what happened, and you know how your life was turned upside down.  When someone else, who doesn’t have literal skin in the game, starts to downplay what happened, it’s time to ask why.  They’re not simply trying to figure out what happened, they’re trying to limit their exposure.  They don’t need to fully understand the wreck when they can control the story.

And soon, evidence starts disappearing, and memories fade.  Video evidence is overwritten, black box data is lost, and your case weakens.

The moment you hear “minor” when you’re the victim, you know they’re trying to control the narrative.  And you know it’s time to get someone powerful on your side.

Herbert Law Group Knows the Truth; We’re Here for You

We don’t know the truth because we were there and have an eyewitness account.  We know the truth because we’ve dealt with hundreds of these wrecks before.  We know how they play the game, how they sneakily downplay your injuries, and how they weasel out of paying what they owe.

No matter where in Texas you were injured, whether Fort Worth, Dallas, Arlington, or the rest of the area, we’ll make sure you find justice.

We have to know what happened, though.  So, let’s start with a free consultation phone call.  Dial up our offices at 214-414-3808 and we’ll chat about what happened and come up with a plan.  No time for a call?  No worries.  Fill out our contact form and we’ll get something on the books that works for you.

There’s Often Someone Else Pulling the Strings

When a wreck happens, we want someone to blame.  And when it’s a truck wreck, it’s easy to blame the driver.  The driver is the face everyone sees, the one sitting behind the wheel.  If the news crews arrive, they point the camera at the driver casting blame on this villain.

What isn’t shown, however, is what goes on behind the scenes.  They don’t show the dispatcher who pressured the load to arrive ahead of schedule.  The maintenance worker who skipped replacing the brakes thinking they’d last another week.  The CEO that rewards speed over safety.

The Car Crash Captain takes a look at how those pulling the strings behind the scenes ultimately lead to the driver making mistakes that are sometimes fatal.  The greater Dallas area sees a lot of truck wrecks every year, and the insurance companies quickly brush it aside, pay as little as possible, and often throw the driver under the bus.  Usually mistakes don’t just happen, they’re part of a system that was built a long time ago.

Truck Drivers Aren’t Set Out to Hurt Anyone

Nobody gets behind the wheel thinking about how they can destroy lives.  Truck drivers aren’t getting into the cab and thinking they’ll just do whatever they want, no matter who it hurts, as long as they collect their paycheck.

No, they’re hardworking people looking to earn a paycheck.  Many of them have families back home and they’re away from their families for days on end.  They’re pressured to perform, make those deliveries, deal with traffic, brave construction and weather.

All the while, they’re often put up against unrealistic schedules.  They’re paid by the mile, so long hours at loading docks or stuck in endless construction zones mean they’re not making money.

Most of these drivers are actually very traumatized after a serious crash.  They’re dealing with the idea that it’s their entire fault that someone may have died, and they’re grieving just as the victim is grieving.

This doesn’t excuse their negligence, but the crash isn’t because one person made a choice, all by him or herself, to wreck someone’s life.

The Pressure Starts Before the Crash

Long before the crash, before the driver even starts the engine, the pressure is on.

Dispatchers are demanding delivery times that are verging on impossible; especially when weather, traffic, and construction slow things down.

Companies delay maintenance, making those deadlines even tighter.

Inspections are glossed over, or ignored, because now it’s rush time.

There aren’t enough truck drivers, so those who are behind the wheel are putting in even longer hours (sometimes fudging those hours-of-service limits).

Higher and higher productivity is demanded, and incentives to arrive ahead of schedule mean safety is put on the back burner.  And the exhausted driver gets another call.

“Can you finish one last run?”

They don’t say, “Hey, can you break the law a little bit for us?” they say, “We need one more run, and your job depends on it.”  And the driver gets behind the wheel, tired, worn down, and desperate to stay employed.

The System Protects Itself After the Crash

And predictably, the trucking company and insurance company spring into action.  They sweep through with their finely tuned systems, minimizing damage, reducing liability, brushing over things that they claim “really aren’t that bad.”  It’s almost like they’ve done this a few times and know what needs done and how quickly it needs done.

Investigators are hired, adjusters adjust, experts are brought in, statements are taken, damage is documented.  And you’re still in the hospital undergoing major surgery to save your life.

Before you can even speak to an expert, the system has swept through claiming it really wasn’t their fault.  And if anything, they blame the truck drivers – a replaceable asset that lied their way in.  Meanwhile, you’re reeling from medical bills, lost wages, PTSD, and a diminished quality of life.

You need justice.  This isn’t about punishing an over-worked truck driver.  This is about making sure you and your family, whose life was turned upside down, isn’t left carrying this financial burden alone.

Herbert Law Group Protects You after a Texas Truck Wreck

After a crash with a big rig, the insurance company is working non-stop to ensure that their liability is minimized.  That means as soon as the wreck happens, the clock is ticking to reduce how much compensation you’ll end up receiving.  And that’s why you need Herbert Law Group to fight for you.

We know how the insurance companies work.  We know the process to place the blame where it belongs.  We have done this before, and we will fight for you.

First, let’s find out what happened.  Call our offices at 214-414-3808 and we’ll have a free conversation to get things started.  No time for a call?  Fill out our contact form and we’ll figure out a time that works for both of us.

Some Companies Find Breaking Regulations is Cheaper

Every major trucking safety regulation exists because someone died.

Those hours-of-service regulations?  People died before they were put in place.  Brake inspections?  Driver qualification standards?  Maintenance regulations?  The issues were discovered because something went terribly wrong, and a family lost a father or a mother.  A husband, a wife, or an entire family was killed sparking enough outrage to get regulators involved, and safety standards put in place.

Yet every year, investigators still find trucking companies that ignore those safety regulations.  They falsify logs, operate unsafe equipment, ignore maintenance, and cut corners wherever it helps them increase profits.

The Car Crash Captain explores the question: if safety regulations exist, why do some trucking companies keep getting away with breaking them?

The Rules Aren’t the Problem

Most trucking companies operate safely every day.  They know the rules, they know why they’re important, and they follow them – even when they’re irritated and believe they can get by “just a few more miles.”

The issue isn’t the regulations or the lack of regulations.  That’s not what’s causing unsafe trucking behavior on the roads today.  The issue is that some carriers view these safety violations as a business expense instead of a formula to keep people alive.

Unrealistic delivery schedules (pressured by a growing society that demands instant gratification) leads to hours-of-service violations, falsified logbooks, deferred maintenance, and unsafe behavior on the roads.  The result is that companies are penalized, but the penalties cost less than compliance.

The FMCSA already cracks down on violations, and issues thousands of them every single year.  Trucking companies in Texas alone racked up over 1,700 violations in the last few years.  But with an average penalty fine of around $7,000, it’s merely an incentive to not get caught than to change behavior.  They know the rules and they choose to break them anyway.

What Happens When Regulations are Ignored?

Over time, the regulations will change.  But it will come at a cost far greater than any monetary fine could ever incur.

Long before a crash, these violations add up.  Back in 2015 a trucking company in Ohio was ordered to cease all operations due to multiple violations.  A random inspection found 43 violations on just one of their trucks.  Then, digging into records, it turns out that the company had been operating for over a year despite being served two separate out-of-service orders (these orders are commands to cease all operations).  Blatantly ignoring regulators meant they created “an imminent hazard to public safety” that they just didn’t care about.

Not all violations involve shut down orders before someone dies.  In 2019 a driver in New Hampshire was high on fentanyl, heroin, and cocaine crashed into and killed 7 motorcyclists in a horrifying accident.  It turns out that the owner of the trucking company barely knew the driver before hiring him, and was found to be falsifying driver logs to avoid regulations (including disregarding speed limits and hours of operation).  Ultimately, he was imprisoned, ordered that he couldn’t driver commercially for a year, and his company was dismantled and no longer in service.

Sometimes justice is served, but it comes with lifelong debilitating injuries.  In 2022 a commercial truck in Laredo, Texas turned left from the far-right lane.  Another motorist was approaching and couldn’t stop in time, crashing into the side of the truck.  The driver was cited and terminated.  The trucking company attempted to lie about what happened, but the dashcam footage and eye witness statements proved their story was fabricated.  They tried to weasel out of responsibility with what sounds like a great settlement offer of $750,000.  The case went to trial and a jury, just this year, awarded the victim $20 million.  It’s only when the violations hurt the companies deeply will these companies take things seriously.

This is Why Regulators Aren’t Doing their Job

So, what’s going on with the regulators?  Are they winning the fight against terrible trucking companies that repeatedly violate regulations?  Or are they falling behind?  The answer, it turns out, is both.

Regulators are cracking down on companies that are pushing the limits.  They’re targeting fraudulent licensing schemes, focusing on “chameleon carriers” that shut down and open under new names, and they’re pressing for more audits and enforcement actions against states and carriers that fail basic compliance standards.

However, studies published this year and last keep finding that enforcement actions have dropped dramatically.  Dangerous carriers continue to avoid meaningful consequences (largely due to administrative backlogs) and they’re still on the road breaking the rules in the name of profits.

Unfortunately, the investigations get serious after it’s too late.  A major truck crash happened, someone was injured or killed, and now the company is being investigated to determine whether truck safety regulations were intentionally ignored.

Meanwhile, the victims and their families suffer.

Herbert Law Group Pushes Back for YOUR Justice

This is why Herbert Law Group operates from our offices in Richardson, Texas.  Safety will only improve when truck safety regulations are taken seriously by the carriers.  And they’ll only take them seriously when they know the consequences for breaking the rules are far more expensive than ignoring them.

If you have been injured, or a loved one was killed, in a truck accident in Texas, you can be a part of inspiring change and making the roads safer for everyone.  We want to help you receive compensation for your losses, and nudge these trucking companies toward better compliance.

But first, we have to find out what happened.  Call our Richardson, Texas offices at 214-414-3808 and we’ll have a free conversation to determine how we can advocate for you.  No time for a call?  Fill out our contact form and we’ll make it happen on your time.

Those Independent Contractors Still Work for the Carrier

You’re in a wreck with a big rig.  Within hours of the wreck, the trucking company is going on the record stating the driver was an “independent contractor” as they seek to distance themselves from the liability.  They aren’t worried about your injuries, what happened, and not because they want the driver to be a financially successful small business owner.

They’re building a legal wall between the trucking company, and the damage they helped create.

Today the Car Crash Captain is looking at this muddled term, and how that applies to victims of truck wrecks in the Dallas, Texas area.  Let’s explore how a driver that’s an independent contractor is still under the guidance of the company that has hired him.

Trucking Companies Seek Control without Accountability

Essentially, here’s what’s happening.  The company dispatches the loads, sets delivery deadlines, enforces safety rules, monitors their drivers, requires compliance with company policies, and sometimes even controls uniforms, appearance, and communication.  Then, if the driver is involved in a crash, they wipe their hands and claim, “That’s not our driver, he’s an independent contractor!”

That’s where things get a little confusing.  Because on paper the driver certainly is an independent contractor.  But in the real world, the company is still giving instructions, telling the driver how to act, and not really allowing for independence.  In the real world, they’re still operating under the carrier’s authority.

This issue has come up so often that the Federal Motor Carrier Safety Administration (FMCSA) even has it in their FAQs clearing up questions about financial responsibility and driver qualifications saying leased drivers (independent contractors) are still the responsibility of the carrier that hired them.

The bottom line: if the company controls the work, profits from the work, has their DOT number on the truck, then pretending the driver is “totally independent” sounds like quite the stretch.

Federal Regulations have Dispelled the “Not Our Driver” Defense

The FMCSA is in place to oversee the movement of commercial goods.  They’ve been around since the year 2000, and in the last quarter century they’ve seen a thing or two.  Including all the excuses carriers come up with to weasel out of their responsibilities.

They even have extensive documentation talking about leasing drivers which very clearly shows the carriers maintain operational obligations under the FMCSA rules.  In other words, the carrier is responsible.

Trucking companies love the word “independent” thinking it’s separating the responsibility… right up until it’s time to collect the money for the load.  Then, suddenly, they’re all connected again.

After a Serious Wreck, The Real Fight is About Responsibility

The trucking companies will move fast after a wreck and carefully craft their defense to shift responsibility away from themselves.  They’ll do everything they can to create distance between their company and the driver; including throwing up this “independent contractor” defense that they know won’t hold any weight.

What they’re counting on is that you don’t know your rights, the laws of commercial vehicles on the road, and they’re hoping you’re legally confused on what you can actually do.

But Herbert Law Group knows what to do.  From our offices in Richardson, Texas, we have helped victims find justice after being injured in a truck wreck.  We know the laws, regulations, and how to counter those excuses.

If you’ve been injured, or a loved one was killed, in a truck wreck in Texas, we need to talk about how you can get the compensation you deserve.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free initial consultation as we develop a plan for justice.

Trucking Companies Set Drivers Up to Fail

It’s easy to blame the truck driver.  We say he was tired, he missed a signal, he drifted for, “just a second.”  When a big rig gets in a wreck, it’s a clean and simple instance of human error.  But there’s a bit more going on beneath the surface.  The truth that nobody really wants to talk about isn’t that sometimes the truck driver fails.

It’s that the system is designed to ensure the driver takes the fall.

In a world where deadlines matter more than sleep, and profit margins bump safety out of the way, fatigue isn’t an accident; it’s intentional.  The Car Crash Captain, from Richardson, Texas, explores what’s going on and how it affects everyone on the road.

Hours-of-Service Laws Look Good on Paper

The FMCSA has set strict guidelines on how many hours a truck driver can operate in any given time period.  These aren’t just arbitrary numbers where someone looked at it and thought, “Yeah, anything over this amount is probably too much.”  Instead, these regulations are the result of years’ worth of data that has been analyzed to determine exactly how long humans can drive before they’re statistically likely to be too tired to continue safely.

But, it’s really not that simple.

Tight delivery windows, unpaid wait times, and the pressure to constantly be on the move mean drivers are stretched even when following their federally mandated hours of operation.  And what ends up happening is that compliance on paper isn’t quite what occurs in reality.

Pressure Comes from the Home Office

The problem shows up in a fatigued driver that has a lapse in judgment.  But that’s the symptom, not the cause.

Instead, it’s way back at the home office.  When dispatch is relaying unrealistic scheduling expectations, and the driver really has no choice but to comply.  The suggestions to “speed things up” aren’t really optional.

They’re not going to say, “Hey, break the law and skip your rest!”  Instead, it’s going to be much more subtle.  Their instructions might be, “We need this load in Dallas by 6am tomorrow and the customer is already upset.  Do what you can.”  On paper, they can say they didn’t suggest anything by it.  But the driver has a choice.

They can take their mandated break and miss the deadline.  Or, they can keep driving and hope nothing happens.

When the deadline is missed because they followed the rules, they risk losing future loads, being suspended, or losing their job.

With this System Crashes are Inevitable

It’s easy to see that fatigue and pressure to do even more can only result in driver’s error.  Then, that driver who was pushed to the limit, under the unspoken threat of losing his or her job, is involved in a wreck that can potentially ruin lives.

It’s not a series of random events.  It’s the predictable outcome of a system that has designed human labor to be a throwaway product.  When it’s cheaper to settle lawsuits and replace property, it’s a system designed around the driver taking the fall.

Herbert Law Group Pushes Back on Insurance Companies

If you’re the victim of a truck wreck, you’re not just fighting a tired driver.  You’re fighting a system that built the conditions for the wreck.  And liability often goes much deeper than just the driver.  Without an experienced truck wreck lawyer from the DFW area, you might not receive the compensation you deserve or need.

Let’s find out what happened, and we’ll determine how we can help you receive justice.  We just need a phone call so we can do a free case evaluation.  Call our offices at 214-414-3808 to get the process started.  No time for a call?  Fill out the contact form, and we’ll reach out to you.

Your Case is Made at the Very Beginning

Truck wrecks cause a lot of injury and property damage.  Most people see the destruction, the pain, and they believe the first 48 hours are about recovery and even just surviving.  There’s more to it than that, though.

These hours are crucial about who establishes control.  While you’re dealing with pain, confusion, a wrecked vehicle, and a whole lot of turmoil, the trucking company has set their legal team in motion.  And they move fast.  They’re creating, and preserving, their version of the story, gathering evidence and protecting themselves.

The Car Crash Captain, from our offices in Richardson, Texas, explains why the first 48 hours can determine how much your case is worth.  Or, if you even have one.

You’re in a Race with a Severe Disadvantage

After the wreck, you’re trying to recover from your injuries.  As you rest, regaining your faculties, healing from your injuries, and being thankful that “at least you didn’t die.” The trucking companies are building their defense.

Within hours of the wreck, they have their insurance companies on notice, their legal teams are springing into action, they’re investigating internally and reviewing records.  They’re interviewing their drivers, getting statements, and analyzing key data that could be vital to the case.

The FMCSA requires trucking companies to maintain a lot of records, and the companies know this.  While you’re resting, they are implementing systems that are designed to protect one thing: their bottom line.  This isn’t just a crash; it’s a race that you don’t even know has started.

Evidence isn’t Waiting, and The Trucking Company Already Has it

As you’re on your way to the hospital to get checked out, the trucking company and their lawyers are gathering data that could be used to strengthen your case.  They know that some of this has a limited shelf life, and they’re hoping you don’t pursue a settlement before that timeline ends.  Evidence that can disappear with time includes:

• Black Box Data
• Dashcam Footage
• ELD Records
• Driver Logs

Some of this can be overwritten in as little as 30 days, most of it only needs to be preserved for a few months.  Unless they receive a legal letter that says they must preserve it, they want those records to be gone because that will show:

• Speed Data
• Braking Action and Strength
• Potential Fatigue
• Driver Behavior

Knowing those can prove your entire case.  But as soon as they’re overwritten, they’re gone forever and your leverage to receive justice that you need drops or is lost completely.

You have two years to file your personal injury case.  By that time, evidence hasn’t just disappeared by accident.  It is gone because nobody made sure to preserve it.

Act Quickly to Lock in Your Case

It’s those crucial first 48 hours that are necessary to ensure you receive maximum compensation for your injuries.  It’s where evidence can quickly be preserved and your case can be strengthened by potentially showing:

• Evidence of Speeding
• Logs Show Abuse of Hours and Driver Fatigue
• Maintenance Records Show Neglect

When you have these hard pieces of evidence on your side, your case is strengthened, you have a more leverage to win a higher settlement, and the insurance company will take your claim seriously.

The opposite, though, is also true.  When this evidence is lost, it becomes a “he said; she said” argument.

Herbert Law Group Helps Truck Wreck Victims in Texas

Most people don’t realize just how powerful it is to have a Texas truck wreck lawyer on their side.  Herbert Law Group has years of experience dealing with these exact situations.  We know how to move quickly, what letters to send that require trucking companies to preserve evidence, and how to maximize your compensation.

What we need from you is a phone call.  We have to find out what happened, so we can determine how we help you receive justice.  Simply call our offices at 214-414-3808, or fill out the contact form, and we’ll get things started with a free conversation.

Is that Good or Bad News for Victims?

We share the road with big rigs.  And the vast majority of the time, nothing bad happens.  The commercial truckers drive their routes and everyone arrives safely.  But when something does go wrong due to negligence on the trucking company’s part (or the driver, or one of the third parties that might be liable), things tend to go really wrong.

Here in the Dallas, Texas area, we have a lot of traffic and a lot of trucks on the road.  Settlement creep is finding a foothold after wrecks with these big rigs, so let’s see what the Car Crash Captain has to say on the matter.

What Is Settlement Creep?

Settlement creep is the steady increase in settlement amounts and jury verdicts awarded to victims of truck wrecks.  They’re sometimes called nuclear verdicts, where the final amount awarded to the victim is vastly more than the average, and way more than most people expect.  This can be a great thing for victims, but these cases have to be handled very carefully by an experienced truck crash lawyer in Texas.

There isn’t really one specific reason these settlements are on the rise.  Rather, it’s a combination of numerous factors:

Jurors Understand – Commercial trucks are way heavier than passenger vehicles.  They do a lot of damage, and jurors are now seeing (through better NHTSA data) just how deadly a wreck can be.

Better Evidence – Electronic logging devices, GPS tracking, dashcam footage, black box data, and similar technologies are providing more evidence than ever on what happened before, during, and after the wreck.

Big Policies – Trucking companies carry massive insurance policies – usually to the tune of a million dollars or more.  If a jury could award a $10 million verdict, suddenly a $2 million settlement seems very reasonable.

The Upside for Truck Wreck Victims

Settlement creep can benefit victims in a number of ways; not just with a bigger settlement.

Insurers aren’t getting away with as much as they once did.  In the past it was easier to ignore those hidden injuries like spinal cord damage, traumatic brain injury, disabilities, and things like lost earning capacity.  Today, though, technology shows some of these injuries, and previous cases show what is expected.

Earlier settlements can happen too.  Nobody wants to go to court, especially not the trucking company when they might be faced with an immense jury verdict.  Settling quickly is in everyone’s best interest and means faster financial recovery and less stress waiting for the settlement.

It’s not all on the up and up, though.

The Downside for Truck Wreck Victims

When settlement creep is there, insurance companies are going to fight much harder to protect their money.

Insurance companies can end up acting more aggressively.  They have better reconstruction teams, more lawyers, their own medical experts, and more.  Their goal is to reduce the settlement value, and they’ll do everything they legally can to do so.

And that means they might get a bit sneaky.  They can claim you were speeding, changed lanes unsafely, you were distracted, or you didn’t brake hard enough.  If the evidence doesn’t show otherwise, this can cause delays.  And delays are what make victims settle for less.  They become desperate and accept less than what they deserve simply to get it done and over with.

You Need Herbert Law Group to Maximize Your Settlement

If you are the victim of a wreck like this, the last thing you want to do is fight with insurance companies that are intent on tricking you into admitting fault.  That’s why the best thing you can do is have Herbert Law Group help you maximize your settlement.

Our lawyers know just what to say to insurance companies.  We have the experience to show that in the past what settlements were reasonable in similar situations.  We have the fortitude to go to court and fight for your rights.  We won’t back down, and you shouldn’t be pressured either.

Let’s start things off with a free phone call so we can figure out what happened, and make a plan on how we can find you justice.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll get things started from our Richardson, Texas offices.

What Trucking Companies Do, and Why Victims Must Move Quickly

If you’ve been involved in an accident with a commercial truck, the first hours are crucial to ensure your case doesn’t get lost, misconstrued, or forgotten.  The trucking company will move quickly to protect themselves (and the insurance company that is representing them), so you have to be ready to move just as quickly to properly position yourself as the victim.  From our offices here in Richardson, Texas, the Car Crash Captain talks about what is going to happen, and how you must respond.

The Trucking Rapid Response Team

Trucking companies aren’t going to “wait and see” what happens after the wreck.  They’re going to spring into action to ensure they’re as protected as possible.  After a serious wreck, within a matter of hours, they will:

• Notify their insurance
• Dispatch a rapid response team
• Put their company lawyers on notice
• Coach their drivers on what statements to make
• Remove the truck from the scene (if possible)

Of course, not all trucking companies are going to be the same.  Smaller and independent drivers won’t have these resources.  But many of the bigger groups have experience with wrecks, and they know just what to do to cover their assets.

While you’re still in the ambulance, the trucking company is building their defense.

Getting Evidence in the First 24 Hours

Because they’re on top of it, you need to be as well.  Fortunately, most of the evidence and data is legally required to be preserved, so you have a little bit of time to come to while you’re in the hospital.  During this time, Herbert Law Group will help to collect evidence that supports your claim.

Since 2014 commercial trucks in the USA are required to use Event Data Recorders (EDRs).  The more popular name as we know them comes from the airline industry: the black box.  These recorders track, in real time, the truck’s speed, braking, steering, engine RPMs, seatbelt usage, GPS location, and more.  This data can be cross referenced to your wreck to show just what was going on at the time of the crash.  The FMCSA requires that records must be preserved for six months, but it can be overwritten if a formal request isn’t made to acquire that data.

This can fall under what is called spoliation of evidence.  If a company fails to preserve evidence, especially after it has been put on notice, it doesn’t look good for them and might strengthen your case.  Your attorney will make a formal letter to get all of the evidence necessary to help show you were the victim, including:

• Dashcam footage
• Driver qualifications
• Maintenance logs
• Drug or alcohol testing results
• Communications
• Hours of operation logs

When a company is facing a potential lawsuit that could soar into the millions of dollars, they’re going to do everything they can to make the evidence hard to get.

Why You Must Act Quickly Too

Because the trucking company is going to move quickly to obscure the evidence, you too must move quickly.  Most of them will keep things above board; they won’t illegally hide or destroy evidence, but they might make it harder to acquire.

Failure to move quickly could hurt your case.  You might even lose that case if you wait too long.

Fortunately, there’s hope.  You obviously will want to seek medical treatment right away.  You will want a good trail of medical records to provide as evidence.  Don’t speak with the trucking company or their insurers.  If you have your own dashcam, or if you (or someone else) were able to take photos and videos, keep those safe.  And before you move forward with anything else, officially hire Herbert Law Group as your legal counsel.

ELD data can be overwritten.  Dashcam footage might be “lost” or otherwise not preserved.  Witness memories fade, and evidence changes rapidly.  So, you must move rapidly as well.

Herbert Law Group Moves Fast

Just like the trucking companies will move fast, we will also move fast.  Herbert Law Group has represented a lot of commercial truck accident victims right here in the Dallas, Texas area.  We know what needs to be done, how to make formal requests, and keep things moving in your favor.

What we need from you, though, is a phone call.  We need to know what happened so we can start formulating a plan to find you justice.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free conversation to determine our next steps.