If they knew some of the parts on the truck were worn out or malfunctioning, your lawyers will accuse them of negligence, which is the basis of all personal injury or wrongful death claims.
Tyler, TX – Large commercial vehicles account for no more than 10% of all the accidents in the Lone Star State. However, they cause a disproportionately high number of catastrophic injuries and deaths, due to the huge difference in size and weight between an 18-wheeler and a regular passenger car.
If you were recently injured or you lost someone in an 18-wheeler accident, you must look up the best Tyler truck accident lawyers as soon as possible. You’ll need someone with lots of experience in such cases to tell you how much your claim is worth and, more importantly, who’s going to pay you all that money.
Unlike run-of-the-mill collisions, this is not between you and the trucker. Or not only between you and him. In a crash involving a commercial vehicle, you may have more than one party liable for damages. Even if the accident appears to be the trucker’s fault, the trucking company may also be to blame, in which case they must pay for your losses.
Here are a few situations when you may hold both trucker and employer accountable for damages.
Driver fatigue
Truckers work hard, but in many cases, they break the law to make an extra buck. Under federal regulations, truckers cannot work for more than 14 hours per day. This includes checking the truck, getting the paperwork done, preparing for the trip, and, of course, driving. Under the FMCSA Hours of Service regulations, a trucker can drive for only 11 hours in one shift, and then they must rest for 10 hours.
Your Tyler truck accident lawyers will check the data on the driver’s log. If the trucker had been at the wheel for more than 11 hours, your attorneys will want to know why. If it turns out the employer set him an impossible deadline or directly encouraged him to break the law, the trucking company will be liable for your damages.
Mechanical failure
Many accidents involving an 18-wheeler are caused by a tire blow-out or a problem with the brakes. The driver must check the vehicle before going on the road, but there’s only so much he can do. If, for instance, the tires were all worn out and should have been replaced ages ago, this is on the employer. Your truck accident lawyers must act fast. You don’t want to give the company time to get that truck in the shop and fix the problem, robbing you of a vital piece of evidence.
Your Texas truck accident lawyers will immediately send a letter of preservation to the company asking them to preserve maintenance records that are pertinent to the case. The records will clearly show what type of repairs were carried out on the truck during the past few months and when it was last inspected.
If they knew some of the parts on the truck were worn out or malfunctioning, your lawyers will accuse them of negligence, which is the basis of all personal injury or wrongful death claims.
Intoxicated driver
If you think the trucker was intoxicated you must call the police right away. It’s no secret that many truckers use drugs to keep them going during long trips. According to federal regulations, trucking companies must submit their drivers to drug and alcohol tests at random intervals during their employment. Your truck accident lawyers will want to see records showing when and how often was the trucker tested. They may also talk to other employees at the company to see whether they knew the trucker involved in your case had a substance abuse problem. The trucker may face DWI charges, but, when it comes to the damages you are entitled to, you can sue his employer as well.
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