Texas Truck Accident Lawyer Blog

Whenever I get hired on a case involving a commercial vehicle, I send a spoliation letter to the defendant immediately. A spoliation letter is a letter telling the trucking company to save evidence so I can be sure that all investigation that needs to be done can be done without the truck, documents and other materials being tampered with.

On a recent case, I was able to prove that a defendant driver was not only speeding, but speeding with cruise control on while driving through a construction zone when he rear ended my client.

By law, once a spoliation letter is received, none of the evidence discussed in the letter may be destroyed or changed without approval of the plaintiff and the plaintiff's attorney. Valuable evidence such as maintenance records, driving logs, the contents of the vehicles, and even items such as beer bottles or cell phones with may have contributed to cause the wreck are often cleaned before the attorney can properly investigate. If any evidence is destroyed after a spoliation letter is received, the defendant can face huge penalties if the evidence tampering is discovered.

A copy of my most recent spoliation letter, with personal information removed, is available for download by clicking here.

If you have been hurt in a crash with an 18-wheeler, you need a lawyer who will immediately begin working for you and perform all necessary investigation. Please call me today at 817-885-8000 for a free case evaluation.

The New York Times just printed the following article that I wanted you to read. There are far too many collisions caused by 18 wheeler drivers. I know, because I represent people like you who get crashed into by big rigs. In 2010, they caused 13% of all fatal occupational injuries.

And I have become something of a fitness fanatic. Every one should exercise and eat better food so they can live healthier, more productive lives.

from the New York TImes:

After driving hundreds of miles, the last thing Roy Williams, a truck driver from Denton, Tex., wanted to do was exercise. After a day trapped in the cab, stopping only to gorge on greasy fare at truck stops, who could think of working out?

But once he ballooned to 405 pounds, he knew he had to make a change. So last year, Mr. Williams, 58, did something all too rare for someone in his profession: He embarked on a diet and exercise program.

The six-pack of Coca-Cola he drank each day? Gone. The hamburgers, chips and chocolate he relished? No more. Today, he drinks a protein shake mixed with ice water or soy milk for breakfast, nibbles cantaloupe and red grapes, and makes "sandwiches" with thinly sliced meat and cheese but no bread. He keeps a fold-up bike in his truck and zips around rest areas on his breaks.

His weight is down to 335 pounds, and he's managed to reduce the amount of blood pressure medication he takes. "I rarely, maybe once a week, even go into a truck stop," said Mr. Williams, who has been navigating an 18-wheeler for the last 30 years.

Mr. Williams's predicament is hardly unique. On the road for weeks on end, with the sorts of diets that make nutritionists apoplectic, the nation's truckers are in pretty bad shape. Now, beset by rising insurance costs and desperate to ensure their drivers pass government health tests, trucking companies and industry groups are working hard to persuade road warriors to change their habits.

It's a long haul, so to speak. Eighty-six percent of the estimated 3.2 million truck drivers in the United States are overweight or obese, according to a 2007 study in The Journal of the American Dietetic Association.

"Obesity is a terrible problem in the trucking industry," said Brett Blowers, director of marketing and development for the Healthy Trucking Association of America, an industry organization in Montgomery, Ala.

Continue reading "Truckers: Prevent Crashes - Get Into Shape!" »

I was just retained to represent a man injured by an 18 wheeler and have initiated a thorough investigation of the scene, vehicles, and other evidence that will be critical in obtaining the largest possible recovery of money.

I spoke to attorneys in the Texas Trial Lawyers Association about this topic and have attached the first part of the paper I gave which discusses how to conduct such an investigation.

Police officers, eyewitnesses and drivers

You and/or your accident reconstructionist must get to the scene as soon as possible. Various personnel may have already photographed the scene and the vehicles, preserving evidence of speed, skid marks, degree of crush, yaw marks, debris, directional movements, etc. The investigating officer(s) may have seized all paperwork relating to the load being transported, including the often damning driver's logs. The local PD or DPS sometimes dispatches special safety compliance officers to the scene as well. Furthermore, local newspapers and news media may have covered the wreck. Find out if they interviewed witnesses.

Continue reading "Texas Truck Collisions: Importance of Immediate Investigation" »