Law firm uncovers horrific facts about trucking company and driver after fatal truck accident

Houston, Texas -- Vujasinovic & Beckcom has been prosecuting a truck accident lawsuit against a Victoria-based trucking company, in which one of the company's drivers allowed the over-sized load on the flatbed trailer of his tractor trailer to strike a pick up truck legally parked on the shoulder of US 59 in Montgomery County, Texas, killing a two year old child in the pick up truck. This truck crash happened on October 26, 2006.

Through discovery efforts, the firm recently discovered that the trucking company driver tested positive for cocaine on the day of the crash. Testing documents reveal the driver admitted using cocaine the night before the crash.

The firm further determined that the trucking company's top managers were told by their field manager that the load on the truck was illegal because it was 40,000 pounds over weight and over five and a half feet over wide.

According to sworn testimony by the trucking company's field manager, after he told the managers of this extreme safety risk, the managers told him to ignore the safety hazard and to send the truck on its 250 mile route from Berclair to Woodville, Texas.

The firm further determined that at the time the trucking company hired the driver, it knew that he had a criminal record including three felonies (all of which were drug or alcohol related), a driving record including a DWI, and that his commercial drivers license was revoked.

The law firm further determined that the trucking company ignored a comment on its website in which a motorist told the company that its drivers -- including the driver who killed the young boy -- were driving so unsafely that it was likely they were going to "kill someone," yet the company took no action in response to this warning.

Finally, the law firm discovered that the trucking company falsified the trucker's logs before producing them to the law firm in this litigation, based on a comparison to the drivers logs that were provided to the investigating Troopers at the time of the official DPS investigation. The case is pending in State District Court in Jim Wells County, Texas, and is set for trial in June of 2008.

If you have any information on this truck crash or on the driving and safety habits of trucking companies, please contact us.

Five things that could wreck your Houston car or truck accident case

After a car or truck crash, especially one involving significant injuries, the insurance companies for the negligent driver or negligent trucking company may try to trick you into making decisions that will hurt your chances of obtaining a fair recovery for any injuries you have sustained.

Here are five things the insurance companies or the negligent driver may try to do that you should avoid:

1.  The negligent driver may encourage you not to call the police, claiming that there is no need because they admit liability.

You should always call the police after any car or truck accident involving injury.  All too often, what you are told at the scene will change once the insurance companies get involved.  You need the police to come and investigate the crash so an independent party makes a written record of what happened.

2.  The negligent driver may encourage you not to get the names and contact information for witnesses.

This is a mistake as well.  The more witnesses you have, the easier it will be to prove your case.  Again, stories often change once the insurance company or defense lawyers get involved.

3.  Not getting timely medical care.

Insurance companies love this.  When you don't get immediately, or timely, medical care, they claim you couldn't possibly have been injured.  If you think you or anyone in your car is hurt, seek medical care in a timely fashion.

4.  Giving a "recorded statement" to the insurance company.

Many times, the insurance company will try to get you to give a recorded statement, where they ask you questions and record your answers to those questions.  They want to do this before you get a lawyer.

Why?  Because without your own lawyer, the professional insurance adjusters may be able to trick you into saying things that will hurt your case.  They will be nice and friendly most of the time, but in reality, they are often trying to trick you into hurting your own case without you even knowing it.

5.  Accepting a quick settlement in a serious injury or death case.

When liability is clear, the insurance company may try to offer you money quickly, before you've recovered or had a chance to talk to your own lawyer.  These offer are almost always way too low and unreasonable, and are unfair.  However, with the stress and uncertainty of a serious injury, you may be tempted to take their first offer.

Not a good idea.  Most lawyers will be glad to discuss your case and the offer with you for free, to determine whether the offer is in fact a fair one.  Since an initial consulation is free, it doesn't make much sense not to go ahead and get independent, professional advice on the offer.