Who is Responsible for Truck Driver Negligence?
An 18-wheeler under power and in control is a formidable sight on the road; few vehicles on the highway match their strength and superiority. When placed in the hands of an irresponsible or incapacitated operator, these machines can become lethal weapons – capable of terrible damage. During our two decades of service in the greater Dallas region, Crowe Arnold & Majors, LLP have represented hundreds of truck accident victims; and more often than not, we’ve discovered the driver’s negligence, whether pressed to overextend his long-hauling abilities by company officials or simply lacked good judgment, was responsible for the wreck.
We encourage anyone who has been victimized by an irresponsible truck driver’s actions to contact us as soon as possible. Crowe Arnold & Majors, LLP is committed to upholding your rights and the continued well-being of your family in the court of law. If you have experienced the death of a loved one or serious injury, you may be entitled to financial compensation. Please use the contact form on this page to set up an appointment or call (214) 231-0555 or (214) 231-0555.
Aggravating Factors
One of the primary goals we have, as a dedicated Dallas truck accident law firm, is establishing a chain of custody or liability prior to the accident in question. Was there direction from company management to complete a delivery in an inordinate amount of time? Did the driver take every precaution, as mandated by federal and state law, to ensure that both he and the vehicle were in any condition to be on the road? These questions are just two of many that we will thoroughly investigate on your behalf. Some of the more common reasons include:
Fatigue – As of July 1, 2013, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) put into law tighter regulations on rig operator sleep patterns. During a typical week, drivers are permitted only 14 hours of total driving and work time per day. Any truck drivers completing a 70-hour work week must take 34 consecutive hours to recuperate. Exceeding any of these limits can put the driver, his delivery, and everyone else on the road in danger.
Incapacitated – Like every other motorist, truck drivers are prohibited from using drugs or alcohol while driving. Unlike every other motorist however, truck drivers can inflict far more damage if they are in an accident while driving under the influence. Unfortunately, the number of fatalities involving intoxicated truck drivers has increased exponentially each year.
Driver Error – In the trucking industry, getting the delivery there ahead of schedule is the name of the game. Anything less than that can mean all sorts of penalties and loss of job security. This leads to speeding, cutting corners, and unsafe driving practices. Anyone who has driven on a Texas highway knows what a speeding 80,000 lbs truck looks like; driver’s who fail to compensate or calculate their rig’s abilities at such high speeds put everyone at risk, including themselves.
Your Dallas Truck Accident Lawyer
Crowe Arnold & Majors, LLP are committed to continued safety in the trucking industry. If you or a loved one has been involved in an accident with a large truck, it is imperative you speak with an experienced injury lawyer as soon as possible. Negligent truck drivers are often shielded by the shipping agency and their legal team – that is where we come in. Our team will aggressively pursue your claim and make sure those who caused the accident are held accountable for their actions. For additional information give us a call at (214) 231-0555 – and remember – we don’t get paid until you do!
Dealing with the mental and emotional fallout of a truck accident is difficult enough without financial distress coming into the equation. You want to be left in peace, but the expenses are piling up. You feel as if you’re not standing on firm ground. The Dallas truck driver negligence lawyer at Crowe Arnold & Majors, LLP can help you regain security and get you the means for recovery. To learn more about what we can do for you, call us today at (214) 231-0555 or (214) 231-0555.
Our law firm has been in operation for more than 25 years. We make it a point to focus solely on personal injury law rather than spread ourselves thin across multiple legal fields. This allows us to provide dedicated representation to each and every client, no matter how complex their case may be. Over the course of our practice, we have won more than $110,000,000 in settlements and verdicts. If you’re looking for uncompromising attorneys, look no further.
Types of Truck Driver Negligence
Truck drivers should exhibit exceptional caution on the road because trucks, with their enormous size and weight, carry the potential for devastating accidents. Unfortunately, this is not always the case. Every year, many injuries and fatalities result from the negligent and/or reckless actions of truck drivers.
Common types of truck driver negligence include the following:
- Distracted driving, such as texting or talking on the phone, eating and drinking, changing the radio, etc.
- Aggressive driving, such as tailgating, making ill-advised lane changes, blasting through an intersection at the last moment of a yellow light, etc.
- Driving under the influence of alcohol and/or drugs
- Speeding
- Braking improperly
- Turning too widely
- Fatigued driving
What Are Hours of Service Rules?
Fatigued driving is among the primary contributing factors behind truck accidents. To combat this dangerous behavior, the Federal Motor Carrier Safety Administration (FMCSA) enforces Hours of Service (HOS) regulations which dictate how long a truck driver can drive before taking an obligatory break. These regulations are as follows:
- Truck drivers can work no more than 70 hours within one week.
- Those who reach the maximum 70 hours of driving within a week must rest for 34 consecutive hours, including at least two nights, before resuming.
- There is a mandatory 30-minute break during the first eight hours of a shift.
Although most companies in the trucking industry expect their employees to abide by these rules, some actually encourage truckers to push their bodies to the limit with promises of bonuses. Such companies that prioritize profits over the safety of others need to be brought to justice.
Proving Truck Driver Negligence
In order to establish your claim against the negligent truck driver and his/her company, our legal team will conduct a thorough analysis of all relevant documents, including the driver’s qualifications and training files, HOS documentation, inspection records, drug and alcohol screening results, maintenance and inspection history documentation, data from onboard systems and more. Any of these may act as key evidence for your case.
Don’t Delay, Call our TX Truck Accident Attorneys Now
The longer you put off starting on your claim, the less chance you’ll have of attaining the compensation you deserve. Don’t let the trucking company get away with injustice. Contact Crowe Arnold & Majors, LLP at (214) 231-0555 or (214) 231-0555.
