Negligence: It is common to file for compensation due to a commercial driver’s negligence. Evidence for negligence could be, but is not limited to, the following.
• Minimal or insufficient driving experience
• Too much cargo on trailer or vehicle
• Driving oversized vehicles on small or thin roadways
• Numerous blind spots on a large commercial vehicle, causing inability to see other vehicles
• Disobeying traffic laws
• Driving longer than allowed
• Not taking required breaks
• Not logging driving hours of driver
• Failure to keep vehicle and/or trailer maintained
• Driver is not qualified or fit for duty
• Lack of driver supervision
• Insufficient training of driver
• Inadequate vehicle and/or trailer company
To prove negligence, the victim will have to be able to provide evidence showing the commercial driver failed to maintain duty of care and the driver’s actions resulted in an accident/injury. Continued from, “Legal Driving Hours for Commercial Vehicle Drivers,” the Federal Motor Carrier Safety Administration (FMCSA) created the following procedures.
• Logbook stating hours driven
• Record of service hours and mandatory rest breaks
• Keeping vehicle and trailer up to date with scheduled and legally-required maintenance
• Appropriately loading cargo on commercial vehicle and/or trailer, whether cargo is hazardous or not
• No consumption of alcohol or controlled substances
• Commercial driver does not exceed more than ten hours of driving each workday
If the accident was caused by the commercial vehicle’s moving parts, the manufacturer of the specific part(s) may be held responsible. In order for a product liability lawsuit to hold up in court, the injured person will have to prove the following:
• Commercial vehicle or specific piece was “unreasonably dangerous”
• Commercial vehicle was driven as manufacturer would expect
• Commercial vehicle’s structural integrity was not compromised since first purchase
The commercial vehicle will have to be examined, tested, and experts will have to give their testimony in order to prove the product was defective during the process of manufacturing.
If a loved one dies in a car accident, the victim’s surviving family members have the right under Texas law to file a wrongful death lawsuit, so long as the victim could have filed a personal injury suit for the injuries caused by the accident had he or she lived. Under Texas law, a spouse, children, parents; and the administrator of the estate, after three months and with the family’s permission are all allowed to file a wrongful death lawsuit.
The attorney you choose does make a difference; don’t get hurt twice. Our expert legal team has proven to be dedicated, compassionate, and most importantly, effective fighters for our clients. We have handled thousands of personal injury cases and recovered millions of dollars for our clients. We are with you every step of the way. We handle all personal injury cases on a contingency fee basis, and we never charge a fee unless we win.
Hollingsworth Law Firm is located at 1415 North Loop West, Suite 200, Houston, Texas 77008. You can call our Houston personal injury lawyers at (713) 637-4560 or fax at 713.474.9017. Our office is open Monday through Friday from seven in the morning until seven at night, closed on Saturday and Sunday. You can always send us a message on our website.
Our aggressive personal injury trial attorneys at the Hollingsworth Law Firm are committed to fighting for the compensation you deserve. If you are the victim of an automobile accident, airplane accident, workplace injury or other catastrophic injury, you need legal advice from a personal injury attorney with proven results you can trust. Our dedicated legal team is proud to represent clients across the state of Texas. WE WILL START FIGHTING FOR YOUR RIGHTS TODAY!