Types of Semi-truck Accident Lawsuits

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Types of Semi-truck Accident Lawsuits

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 semi-truck, 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 Semi-truck 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 semi-truck 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
Product Liability

If the accident was caused by the semi-truck’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:
·         Semi-truck or specific piece was “unreasonably dangerous”
·         Semi-truck was driven as manufacturer would expect
·         Semi-truck’s structural integrity was not compromised since first purchase
The semi-truck 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.

 

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