How to Win a Lawsuit Against a Trucking Company

by Dallas Truck Accident Lawyer, Tim O’Hare

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This year, an estimated 140,000 people in the U.S. will be injured in a trucking accident. Tragically, nearly 5,000 motorists will be killed in an accident involving a commercial truck, and the majority (74 percent) of those killed are passengers in the car, not the 18-wheeler.

While not every trucking accident is the fault of the truck driver, many are. If you are involved in an accident with a big truck, it may feel like it’s a case of the little guy (you) vs. the big guys — literally.

Proving fault in a trucking accident can be tricky because you must be able to prove that the truck driver broke a law, or that the driver or the trucking company was negligent. There are numerous laws that can apply to truck accident cases, including the Federal Motor Carrier Safety Act, regulations set by the Texas Department of Transportation, local city ordinances and the Texas Transportation code.

Federal Motor Carrier Safety Act — The FMCSA is a group of laws covering large trucks, buses and other commercial vehicles. These laws include how many hours a driver can drive without time off to rest, weight restrictions for 18-wheelers, insurance requirements, regulations regarding inspections and more.

Texas Department of Transportation — TXDOT controls licensing requirements for truck drivers and regulates how large trucks should be inspected and registered.

Texas Transportation Code — In the Texas Transportation Code, which has laws that apply to drivers of all vehicles, there are specific sections that apply to large trucks.

City Ordinances — Depending on the city in which the accident occured, there may be rules that apply only to big trucks, such as weight limits on certain roads and bridges. Some cities require truck drivers to stay in a certain lane on the highway.

Proving that a truck driver or the trucking company was in violation of a law, or that they were negligent — such as driver fatigue, rear-ending you, speeding, following too closely, improper lane change, failing to yield right of way, running a red light or other negligent conduct — to win your case against a trucking company isn’t always easy.  In many cases, there is more than one factor at play, such as a driver driving over the speed limit and driving while fatigued. A trucking company may be found liable if the driver wasn’t provided the necessary training, or failed to ensure the truck driver was in compliance with CDL renewal requirements. A lack of proper maintenance, repairs or inspections may also be a contributing factor.

Victims of trucking accidents can receive compensation if they have suffered bodily injury or property damage in a trucking accident caused by the truck driver. But proving the truck driver or trucking company is at fault needs a skilled truck accident attorney. The shear number of laws alone that could apply to your case are justification enough to hire an experienced truck accident attorney if you want to win your case.

If you have been involved in a traffic accident with a commercial truck or 18-wheeler, contact the experienced truck accident lawyers in Carrollton and Dallas at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury or loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /April 15, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment

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