Commercial vehicles are designed for commercial or business purposes, transportation of goods and passengers.
- Semis or tractor-trailers
- Buses
- Vans for businesses
- Delivery vehicles
- Any other type of vehicle that is used for business purposes
Commercial vehicle accidents hold a higher risk of injury compared to passenger vehicles. That’s because these are typically bigger, bulkier, and heavier vehicles. Commercial autos can weigh anywhere between 10,000 to 100,000 pounds.
Even when the vehicles are smaller like delivery vehicles or vans, you have more options for compensation because a commercial establishment is involved.
Your injuries in a trucking accident don’t automatically mean that the trucking company will agree to a settlement. Trucking companies often have legal defense teams that can mount several challenges to your truck accident claim. Below are some typical challenges you might face and a brief summary of how comparative negligence might play a role in your claim and damage recovery.
The record of duty status (RODS) is the log that drivers of commercial motor carriers must keep which indicates their hours of service. It is important for a Dallas truck accident claim because it can reveal if the trucker was driving over his/her allotted hours and thus may have been fatigued at the time of your accident, helping secure the evidence that the crash was his/her fault.
In the Federal Code of Regulations § 395.8, the Federal Motor Carrier Safety Administration (FMCSA) sets forth very rigid guidelines regarding logbooks that all truck drivers and truck companies must keep.
The Texas Department of Public Safety reiterates this rule in A Texas Motor Carrier’s Guide to Highway Safety: “Failure to complete or retain the log, or knowingly falsifying logs or other reports, make the driver and/or carrier liable to prosecution.”
Typically, a trucking company is liable for damages arising out of any accident that a truck driver under its employment causes. For a claim to hold the company liable in a trucking accident, the accident must have occurred within the scope of the driver’s employment, and the driver must have contributed to or caused the truck accident.
If the trucker is driving the large truck, then it is likely that the trucker was acting within the scope of employment, and the trucking company is liable for damages.
Truck drivers are in charge of operating massive tractor-trailers and 18-wheelers which can cause a devastating impact when they are involved in an accident. Therefore, these drivers are held to a high standard regarding drug and alcohol use.
Generally, the Federal Motor Carrier Safety Administration (FMCSA) requires that trucking companies subject all their drivers to drug and alcohol testing at various points of their employment. For example, drivers are subject to post-accident drug testing and alcohol testing following many accidents. Keep in mind that motor carrier companies must keep these records for five years.
A truck driver rarely admits to police officers at the scene of the accident that he dozed off at the wheel or lacked mental faculties because he or she was tired. Accident investigators can refer to data in the driver’s logbooks to determine whether he or she drove beyond the allowable hours of service for truck drivers.
If you were injured in a trucking accident on one of the many Dallas highways, an attorney will conduct a thorough investigation of the truck driver’s logs and other data. But beware that truck companies may legally destroy certain evidence, so it’s important to act quickly.
Dallas has a plethora of highways running in and out of it, allowing commuters, visitors, and truckers to travel through the area. But the presence of large trucks can increase the risk of certain accidents. A jackknife accident occurs when the trailer part of a tractor-trailer leaves its trailing position and swings out alongside the cab. Oftentimes, the trailer will come to rest at or near a 90-degree angle with the truck.
The sweeping motion of the large trailer can cause damage to everything in its path as it swings out and either tip over or stop upright. Vehicles, pedestrians, and other property in the way of the trailer are all in danger in this type of accident, as the trailer is no longer within the control of the driver. Jackknife accidents are responsible for cases of immense property damage, serious injury, and even death.
A trucking company must keep inspection records for a certain period of time:
- Roadside inspection reports – 12 months from date of inspection;
- Driver vehicle inspection reports – three months; and
- An annual inspection – 14 months.
Unfortunately, under federal guidelines, spoliation of evidence is permitted after a certain period of time. But accident victims can take steps to prevent the destruction of evidence for use in their accident claim.
In 2013, the state of Texas had nearly 30,000 commercial motor vehicle accidents, according to the Texas Department of Transportation. Of those, nearly 3,000 took place in Dallas County, which included 18 fatal crashes and 343 serious injury crashes.
Victims of injury-causing accidents – and families of victims of fatal accidents – can file a claim against a trucking company to recover damages like medical expenses, lost wages, pain, and suffering, and more. But to do so requires evidence of the truck driver’s or trucking company’s liability for the accident.
Some of the deadliest types of crashes are underride and override truck accidents. Those who survive may suffer from severe or disabling injuries. Proving fault is important if a victim or the family of a loved one killed wishes to pursue legal action.