How Texas Trucking Regulations May Affect Your Semi Wreck Case
- November 4, 2014
- Truck Accidents
As we have discussed in previous posts, trucking accidents can be rather complicated and claimants need the assistance of a Dallas truck wreck lawyer if they want to ensure that they receive fair compensation. There are many reasons why personal injury claims that are related to truck accidents require more knowledge and skill form the attorney than ones that are related to passenger car accidents. As we have said before, you are usually dealing with more than one entity or individual that may hold some level of responsibility and the attorney also needs to understand and account for the laws and regulations that govern commercial trucking.
Since the lawyers at Guajardo & Marks have experience with cases that involve commercial trucking, we would like to inform the public about what makes these cases more complex and help people to understand what goes into this type of litigation. Understanding some of the aspects of truck accident lawsuits will help a potential claimant to see the value that experience brings.
Texas Trucking Regulations
When it comes to a truck accident case, one of the best ways to ensure that the claim will be successful is to show that the driver or the trucking company failed to follow or obey a law or regulation that governs the industry and to demonstrate that this failure, was the cause of the claimant’s injuries. For this reason, an attorney has to be familiar with these laws and regulations.
Examples of these laws and regulations for a commercial driver are the ones that apply to licensing. To drive a large commercial vehicle, the driver must pass a series of tests to obtain their CDL. These tests include maneuvering the vehicle, regulations that regard maintenance and inspection of the vehicle and proper procedures for handling the vehicle on the road. In many cases that involve a commercial truck, the driver may have broken some of these rules and an experienced attorney can identify the different regulations and find ways to show that the driver failed to meet their professional obligations.
Discovering Evidence of a Trucking Regulation Violation
If the driver committed a violation, it has to be demonstrated in the case for it to be factored into the lawsuit. In some cases, the attorney can demonstrate these facts in much the same way they would in a case that involved only passenger vehicles. While this evidence can and will be useful to building the case, in a truck accident there are additional sources of information that can be used and finding and using it can solidify the claim and make it even harder for the defense to refute.
A lawyer that is familiar with trucking accidents will know to subpoena the CDL records of the driver, the truck’s logbook and specific types of documentation from the trucking company. Along with identifying and knowing the right records to obtain, a truck accident lawyer will also understand how to analyze the information in the records and how it applies to the claim.
If you have been injured in an accident with a commercial truck, you don’t want to find yourself unprepared. Protect your rights by consulting with a Dallas trucking accident attorney as soon as you can.