Car Accident Injury Blog


Prevalent Legal Theories In A Texas Trucking Wreck Claim

Posted by Timothy J. Ryan | Aug 13, 2017 | 0 Comments

Certain legal theories regarding truck wrecks and the usage of these theories may change how a trucking wreck case progresses or who is deemed to be responsible for the incident. The victim of the collision normally requires the services of an experienced personal injury lawyer to proceed with their case. Both companies and truck drivers must follow state and federal laws that establish the standards for truckers and shipping items across the country. Many of these laws are in place to protect passenger vehicle drivers, passengers, and bystanders. The United States Department of Transportation and the Federal Motor Carrier Safety Administration assist in progressing theories into actual regulations across the country and in each individual state. These laws could reduce or eliminate injury and property damage in trucking accidents.

The At-Fault Driver

A truck wreck victim needs a lawyer to prove that the truck driver or the company that hires him is liable for the damage. The black box in the truck, witness statements, and details from both the trucker and passenger vehicle driver provide the lawyer with proof and data to recreate the incident.  By employing an expert witness, your attorney may prove that the agency hiring the trucker, a third-party or the truck driver is responsible for the damage.

Drivers Licenses For Commercial Trucks

A commercial trucker must possess a proper Commercial Driver's License to operate the vehicle. State laws that govern these matters may entail severe penalties if the person does not renew the license properly or keep the CDL with him or her at all times when driving the truck. A truck driver without a proper CDL or commercial driver's license may face penalties and a valid claim against him or her from the victim of the collision. Additional complications arise with the employer.

Resting Periods

There is a law that a truck driver must rest for a certain period after driving for a consecutive number of hours. The rest period prevents drowsiness and distractions that may cause the driver to lose concentration on the road and obstacles. A rest period provides the means to reduce potential collisions through fatigue. If the driver takes time away from traveling, they can recuperate and increase awareness. The theory behind these rules started through extensive research into collisions with trucks and fatigued drivers.

Legal Theories in the Claim

When a lawyer investigates the matter, they form several theories about what actually happened. Another legal theory may exist in state or federal laws violated by the company, manufacturer or a third party. Proving the correct theory attached to the claim is difficult but important. The party that violated the guidelines for keeping the truck safe on the road is the party that pays damages to the victim. The victim needs a lawyer to investigate the matter fully and gather evidence. Defective parts on the truck may help prove that the manufacturer is at fault.

Truck Accident Legal Support for the Victim

The victim of a truck wreck needs the assistance of a lawyer to help prove the liability to pursue a legal remedy and they need compensation for medical bills, a lack of income from not working, pain and suffering and property damage. Hiring a lawyer makes it possible to pursue this course of action.

In order to obtain damages in a personal injury case in Texas, it is imperative that the services of a competent, qualified and experienced Texas Personal Injury Lawyer be utilized to obtain the most favorable resolution possible to your accident injury claim. The skills and expertise of an attorney have a profound impact on the outcome of any personal injury case. Hence it's essential that students of law and lawyers use the legal means i.e pass the BAR Exam to enhance the licit knowledge and upgrade their proficiency.

About the Author

Timothy J. Ryan

Personal injury attorney Timothy J. Ryan has helped California injury victims recover more than $1 Billion since 1981. A passionate consumer advocate, Tim is heavily involved in giving back to his local community via donations and volunteer work.


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