The Texas Department of Transportation reports there were 379 serious injury crashes involving commercial motor vehicles (CMV) in Dallas County in 2012. Accident victims likely wish to pursue compensation for the damages they suffered if the trucker was to blame for the accident.
To do so, they must present evidence of fault and negligence. But motor carriers may destroy certain types of evidence after a specified time period. Accident victims need to act quickly to preserve this evidence.
The sheer size of a truck compared to a car may lead to significant damages. If a negligent truck driver injured you or a family member, you may have cause for legal action against the driver and/or trucking company that employs him.
There can be a great amount of evidence in these cases related to the:
- Crash itself;
- Condition of the driver; and
- Even federal trucking regulations are enforced by the Federal Motor Carrier Safety Administration (FMCSA).
Evidence collection often begins at the scene – provided you did not need emergency medical care – and continues in the days, weeks, and even months afterward. Read on for more about the various types of evidence that can be helpful to establish a trucker’s negligence or that of the trucking company, as well as the types and extent of your damages.
A spoliation letter is a notice sent to an opposing party in an accident requesting it preserve all relevant evidence. It may even mention specific evidence to preserve, such as a vehicle involved in an auto accident. This is commonly used in truck accident claims since the trucking company has access to a variety of records, documentation, and information that is helpful in establishing fault.
Accidents can be stressful and frightening, especially those involving trucks. Knowing what to do after an accident can be confusing, especially because the claims process is handled differently, and there may be special laws that apply. If a truck driver was at fault for the crash, knowing what to do after a truck accident is even more imperative than a regular passenger vehicle crash in Dallas.
Accidents involving truck tractor/semi-trailers resulted in 389 fatal crashes in Texas and thousands of injuries in 2012. In many cases, these accidents were avoidable if not for the negligent actions of the truck driver. There are many forms of negligent driving among truckers that can put other drivers and pedestrians in peril.
A truck crash can occur for any number of reasons owing to mechanical failure, human error, or natural events, such as inclement weather. Negligence often is a factor in some common types of fatal truck accidents. In these cases, a liable party may be held responsible in an injury claim or lawsuit.
Some of the most common factors that can contribute to or cause a fatal truck accident include:
- Driver negligence or error (such as traveling at a high rate of speed, changing lanes without checking for other vehicles, operating while fatigued, or turning left in front of an oncoming vehicle);
- Operating while under the influence of drugs or alcohol (a truck driver who operates while intoxicated is more likely to cause a fatal truck accident);
- Distracted driving (such as when a truck driver texts, reads, eats, smokes, or otherwise engages in distracting behaviors while driving);
- Mechanical failure caused by manufacturer error or insufficient maintenance (faulty brake lines, steering malfunctions, lack of underride/override protection, and so on);
- Trucking company negligence (hiring poorly trained drivers, demanding truck drivers work beyond the legally allotted hours, and so on); and
- Poor road conditions (this may include snow, ice, rain, fog, poorly marked roadways, and other hazards: poorly trained drivers or defective vehicles may be unable to react to such conditions and increase the risk of a fatal crash.)
A post-accident investigation may uncover these or other contributing factors. In many cases, there may be more than one cause. In some cases, there may be more than one liable party.
If you have been seriously injured or lost a loved one in a truck accident in Dallas, call 214-290-8001 or use our online contact form to schedule a free consultation with a personal injury attorney.
Semi-truck accidents are among the most serious commercial vehicle crashes that can occur on Dallas roads. According to the Texas Department of Transportation, there were 2,610 commercial vehicle accidents in Dallas County in 2011. A total of 22 people died as a result of those accidents and another 459 suffered a serious injury.
Understanding how and why an accident occurred is important for any crash victim wishing to seek compensation in an injury claim. Below is a look at five common types of fatal truck accidents and how and why they occur.
The record of duty status from the Department of Transportation (DOT) ordered logbook is important in a truck accident claim because it may help establish if the driver was negligent. For instance, it may establish whether the trucker violated the hours-of-service rules regulated by the Federal Motor Carrier Safety Administration.
Imagine if that compact car that just rear-ended you at a stoplight was instead a tractor-trailer semi truck. As an example, a 1999 Honda Civic weighs a little over 3400 pounds, while a semi-tractor with a large sleeper weighs around 20,000 pounds. With the addition of a trailer, the maximum weight allowable in Texas is 80,000 pounds. It is obvious that the forces involved in a collision with such a heavy vehicle are drastically magnified. Unfortunately, these magnified forces often result in much more serious personal injuries and property damages.
The trucking industry is highly regulated. There are rules, regulations, and laws that cover everything from maximum weight and size of vehicles to the number of hours a driver can be on the road. A primary reason for all of these Federal and state rules is to increase the safety of over the road trucking. Unfortunately, people cut corners either purposely or through lack of vigilance, and sometimes these rules are broken. Often an overly sleepy driver or a trucking company that allows overweight or oversized loads gets away with it and no one is hurt. Sometimes, the results are catastrophic and deadly.
A typical over the road driver gets paid by the mile, the more miles he drives the larger his paycheck. The obvious motivation is for the driver to drive longer and faster. The longer a driver drives the more tired he becomes, the faster he drives the more difficult it is to control and stop the truck. Taken to an extreme, drivers may take amphetamines or other drugs to keep themselves awake. Invariably, these stimulants alter the driver’s perceptions and can give a sense of false control and well being to the drugged driver.
The U.S. Department of Transportation makes rules about work hours and other working conditions of drivers engaged in interstate commerce. A driver may drive for up to 11 hours and work for up to 14 hours in total. Thereafter, 10 hours of off-duty is required. A driver may not drive if he has worked for 60 hours in the past 7 days or 70 hours in the past 8 days unless they take 34 or more hours off-duty. Most drivers are required to document their time in a logbook.
If you have been the victim of an accident with a truck there are many questions that should be asked. Is the driver licensed to operate this truck? Is the driver “legal” that is, has he abided by the maximum driving time limits? Is all required safety equipment present on the truck? Has the truck been inspected recently to insure it passed minimum requirements? Was the driver impaired at the time? Did the driver abide by his own company’s policies and procedures?
If you or a loved one has been in such a truck accident there is a good chance it has had serious consequences. A typical layman without experience in this field may not know the right questions to ask. An experienced attorney can help sift through the mass of regulations, laws, and other factors and advise you accordingly. Contact the Law Office of Julie Johnson, PLLC for a free consultation.