18-wheeler crashes are an unfortunate reality for Texas drivers each day.
Case Details
In February 2020, a Border Patrol agent was traveling on FM 3338 in Webb County, Texas. A defendant driver was operating a Freightliner tractor-trailer in the opposite direction at 74.5 mph in a 45-mph construction zone approaching a curve. As a result of this high rate of speed, as well as the roadway being wet from a recent rainstorm, the trailer jackknifed, crossed into the oncoming traffic lane, and violently impacted the Border Patrol vehicle. After the crash, the defendant driver refused a controlled substance test. The plaintiff was severely injured with massive spinal injuries.
Proving Negligence In Texas
For a case involving an 18-wheeler, the discovery process is critical. It’s not enough to simply accept the crash report. It requires investigating, with an expert, the history of the vehicle’s speeds, driver logs, as well as the company employing the driver. It’s a lot like finding pieces to a puzzle and fitting them together to get a full picture of the driver and the company’s supervision of that employee.
Downloading the ECM data from the tractor trailer will reveal:
- Speed
- Hard brakes
This is critical evidence that must be secured quickly after a crash.
It was uncovered through the discovery process that the defendant driver’s employer failed to properly verify his prior employment during the hiring process, revealing one termination and a position he quit but wouldn’t be eligible for rehire. Worse still, three days prior to the crash, the defendant’s top speed was 87.5 mph and in 2017 the vehicle showed a top speed of 90 mph by another driver. This established a clear pattern of improper supervision by the employer and safety department. These were critical components to provide a full picture of all the circumstances leading to the preventable crash for this victim.
Wyatt Law Firm
Wyatt Law Firm is dedicated to finding every piece of possible evidence in every case, greatly increasing the likelihood of a successful result. With nearly 50 years of combined legal expertise and decades of experience with catastrophic injuries, Wyatt Law Firm gets results. Call (210) 340-5550 for a free consultation of your personal injury or contact us.