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.