HOW TRUCK ACCIDENT LAWYER IN HOUSTON PROVES FAULT

How Truck Accident Lawyer in Houston Proves Fault

How Truck Accident Lawyer in Houston Proves Fault

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Proving fault in a truck accident is not as straightforward as it might seem. Commercial trucking cases involve more than just pointing fingers—they require strategic investigation, legal expertise, and compelling evidence.

If you've been injured in a collision with a commercial truck, understanding how fault is proven becomes one of the most important aspects of your claim. The insurance company will try to minimize their responsibility, and without solid proof, your compensation may fall far below what you truly deserve.

This is where a skilled truck accident lawyer in Houston steps in. Their role is to gather evidence, challenge opposing arguments, and build a powerful case that clearly proves who was at fault—and why they should pay.

In this article, we’ll break down the key methods a truck accident attorney uses to prove fault and hold the right parties accountable.

Why Proving Fault Matters So Much

In Texas, fault determines who pays—and how much.

Texas follows a modified comparative fault rule, meaning:

  • You can recover damages if you are less than 51% at fault
  • Your compensation is reduced by your percentage of fault

So, if you're awarded $200,000 but are found 25% at fault, you’ll receive $150,000. But if you're 51% or more responsible, you get nothing.

That’s why proving the other party’s negligence is absolutely critical. A strong truck accident lawyer in Houston builds a case designed to maximize your compensation by minimizing your liability.

Step 1: Securing the Police Report

The police accident report is one of the first key documents your attorney will obtain. It often includes:

  • The officer’s observations
  • Statements from drivers and witnesses
  • Diagrams of the crash
  • Citations or violations issued
  • Initial assessment of fault

While not legally binding, this report can strongly influence insurance negotiations—and if it supports your claim, your attorney will use it as part of the liability argument.

Step 2: Gathering Black Box Data

Most commercial trucks are equipped with an electronic control module (ECM) or "black box." This device records critical data before and during the crash, such as:

  • Vehicle speed
  • Braking patterns
  • Sudden acceleration or deceleration
  • Steering input
  • GPS location

Your lawyer will issue a preservation letter to the trucking company demanding this data not be deleted or altered. This evidence can prove reckless behavior, such as speeding or failure to brake in time.

Step 3: Obtaining Driver Logs and Records

Truck drivers are required by federal law to maintain Hours of Service (HOS) logs showing how long they’ve been driving and resting.

A truck accident lawyer investigates:

  • Whether the driver exceeded legal drive times
  • If rest breaks were skipped or falsified
  • Signs of driver fatigue or sleep deprivation

If a driver violated FMCSA regulations, it may be clear evidence of negligence—and can shift liability directly onto the company for failure to enforce safety standards.

Step 4: Analyzing Maintenance and Inspection Records

Many truck crashes are caused by mechanical failures such as:

  • Worn brakes
  • Tire blowouts
  • Steering issues
  • Malfunctioning lights or signals

A truck accident lawyer in Houston will request maintenance records to check if:

  • The truck passed required inspections
  • Repairs were performed properly
  • The vehicle had recurring issues that were ignored

Failure to maintain the truck properly points to company negligence, especially if they ignored known safety risks.

Step 5: Investigating the Trucking Company’s Hiring and Training Practices

Sometimes the problem isn’t the driver—it’s the employer. Your lawyer may examine:

  • Hiring records and background checks
  • CDL (Commercial Driver’s License) status
  • Training programs and safety protocols
  • Disciplinary or incident history

If the company hired an unqualified or dangerous driver—or failed to train them adequately—then they can be held vicariously liable for any resulting crash.

Step 6: Interviewing Eyewitnesses

Neutral third-party witnesses can play a big role in proving fault. Your attorney will:

  • Locate and contact witnesses quickly
  • Take written or recorded statements
  • Subpoena them to testify, if needed

Witnesses help paint a clearer picture of what happened—especially if there are conflicting versions of the story. Their testimony adds credibility to your case and strengthens the overall narrative.

Step 7: Using Accident Reconstruction Experts

In more serious or disputed cases, your lawyer may hire accident reconstruction specialists. These experts analyze:

  • Vehicle damage
  • Roadway marks and debris
  • Weather and lighting conditions
  • Impact angles and speeds

They create detailed simulations or diagrams that show how and why the accident happened, helping the jury and insurance adjusters understand the full sequence of events.

Step 8: Reviewing Surveillance or Dashcam Footage

Your lawyer will look for any available video evidence, including:

  • Traffic cameras
  • Business security cameras
  • Dashcams from the truck or other vehicles
  • Bystander smartphone footage

Video evidence is incredibly powerful—it provides undisputed, visual proof of fault. A skilled attorney will act quickly to request and preserve this footage before it’s overwritten or lost.

Step 9: Reviewing Cell Phone Records (If Distracted Driving Is Suspected)

If there’s a suspicion that the truck driver was texting or using a phone at the time of the crash, your attorney can subpoena:

  • Call logs
  • Text message records
  • GPS app usage history
  • Social media activity timestamps

Distracted driving is a serious form of negligence, and if proven, it can significantly strengthen your claim and increase potential compensation.

Step 10: Defending You Against Blame

Trucking companies and insurers often try to shift blame onto the victim, even when it’s clearly not their fault. They might claim:

  • You were speeding
  • You made a sudden lane change
  • You stopped too abruptly
  • You were driving distracted

Your lawyer will anticipate these defenses and use facts, expert opinions, and legal precedent to shut them down. The goal is to keep your fault percentage as low as possible—or eliminate it entirely.

Real-Life Example: Proving Fault with Evidence

Scenario:
A Houston man was rear-ended by a delivery truck at a red light. The company claimed the driver had a brake failure and that it wasn’t their fault.

Lawyer’s Actions:

  • Pulled black box data showing the driver never attempted to brake
  • Retrieved maintenance logs showing the brakes were flagged for repair two weeks prior
  • Found text messages proving the driver was using GPS on his phone moments before the crash
  • Obtained video from a nearby business that captured the impact

Result:
The trucking company admitted liability, and the client received a $780,000 settlement for medical bills, lost income, and pain and suffering.

Final Thoughts

Proving fault in a truck accident isn’t just about what happened—it’s about how well your lawyer can prove it happened the way you say it did.

A skilled truck accident lawyer in Houston uses investigation, strategy, expert support, and legal experience to uncover the truth, challenge false claims, and build a rock-solid case for compensation.

If you or a loved one is injured in a truck crash, don’t leave fault up to chance. Let a professional fight to prove what really happened—and make sure the responsible parties are held fully accountable.

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