Most fatal truck accidents occur as a result of the negligence of the truck driver or improper management of the trucking company.
If you were involved in a truck accident, give this article a read to know a few ways to obtain evidence that will prove the negligence of the truck driver at the time of the accident. Experienced Texas truck accident lawyers can help you establish your case by gathering proper evidence to prove the negligence of the truck driver.
How to collect evidence of impaired driving?
An experienced truck accident lawyer must be able to collect evidence to understand the underlying cause of the wreck like driving impaired, some of the points they should consider are:
- Factors involved in the accident
A number of factors can be responsible for the wreck that may conclude impairment as the main cause. You never know if the driver was driving erratically using constant accelerating and frequent braking. The driver may choose the wrong lanes or shortcut to save time or because of other reasons. The duty of a good truck accident lawyer is to look everywhere to collect evidence against the driver as well as the trucking company.
- Drug tests
Mandatory drug testing of the commercial drivers is required by the Federal laws, socially after a huge wreck. Make sure your truck accident attorney knows the updated rules of drug testing by the federal law.
- Medical records of the driver
Another important evidence that will help determine the possible cause of the accident is the medical records of the driver which can be obtained from the hospital if he is injured and shifted to a hospital. You must try to obtain the driver’s blood test report from the hospital to understand his/her health condition related to drug consumption.
- Statement from eyewitness
Make sure your lawyer talk to the eyewitnesses to understand the situation of the vehicle before and during the wreck.
Some of the federal rules related to drug testing
If you were involved in a commercial truck accident make sure you know some of the major rules related to drug and alcohol testing to judge the situation better, however, you can expect your truck accident lawyer to know the following:
- Pre-employment – According to the rules an employer must get a negative drug test result prior to allowing the driver to operate any kind of vehicle including commercial trucks.
- Post-accident – If the accident results in any fatality a drug test of the driver is must including a thorough inspection of the vehicle for bodily injury and other parts.
- In general – truck drivers must be drug tested randomly throughout the year
- Reasonable suspicion – Truck drivers with prior positive drug test records must be tested for drugs or alcohol without prior warning.
- Back to duty – Drivers who were involved in some kind of accident or violated federal drug testing guidelines must obtain a negative test result before returning to their duties.
- Follow up – follow up tests are required by the drivers who have successfully completed the return-to-duty process.
Contact a certified truck accident lawyer
If you require a truck accident lawyer to claim your compensation for a recent commercial truck accident caused by an impaired driver contact us for better assistance. Our legal team is experienced in dealing with such cases they know whom to help responsible for negligence. We are committed to providing the maximum compensation for you for the damages you suffered. Our team of accomplished personal injury lawyers has ten plus years of combined legal experience and has covered the compensation for millions. From our professional experience, we know how to assist truck accident victims receive the compensation they deserve. Our team is composed of multiple award-winning attorneys, so if you need any help with your truck accident case schedule a free consultation with us, if we determine you have a genuine case we will pursue legal options to help you recover the maximum compensation that you deserve.
Greg Baumgartner handles truck accident lawsuits for victims of truck accidents in Texas. He is an expert Texas Truck Accident Lawyer with an exemplary track record.