Evidence of Health-Related Issues that May Have Caused or Contributed to the Crash
It may surprise you to learn that the medical records of the truck driver can have a significant impact on liability and proof in a trucking accident claim. As a general rule, provided they are relevant, such records are always available for discovery in a personal injury lawsuit. A proven truck accident attorney will know what to look for and how to use any evidence obtained to your benefit.
Texas Leads Nation in Trucking Accidents
Studies consistently show that Texas reports more fatal and non-fatal truck accidents annually than any other state, tallying about one in every 7 truck crashed in the country every year. In fact, Texas accounts for twice as many truck wrecks annually than California, next on the list.
The Benefits of Having the Driver’s Medical Records after a Truck Accident
The truck driver’s medical records can be a veritable gold mine for your lawyer:
- They may be used to establish negligence (breach of the duty of reasonable care). For example, they may show that the driver was on the road against medical advice or had a condition that potentially contributed to the accident.
- They may indicate whether the driver was using controlled substances at the time of the accident
- They may be evidence that the trucking company failed to properly monitor the fitness or actions of the driver
The Medical Records You Want to Request
You have a right to:
- The driver’s DOT medical examination report—Drivers must pass regular DOT-mandated physicals
- The results of any post-accident drug or alcohol test
- All prescription medical records for the driver
Let Us Help Protect Your Rights after a Texas Trucking Accident
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide, including people who have suffered any type of injury in a trucking accident. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
Handling Motor Vehicle Accident Cases Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma