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Issues of proof in common causes of car-truck accidents

January 16, 2015
by Ted B Lyon & Associates

The adage “time is money” is axiomatic in business, and one of the aspects in which it manifests itself most frequently is in the delivery process. These deliveries often involve commercial trucks that transport goods throughout the supply chain all the way from the manufacturer to the individual consumer.

An unfortunate side-effect of adhering to the principle that faster delivery means improved profitability is the temptation of some companies and individuals to cut corners by sacrificing safety for speed. It is certainly possible to compress time and reduce costs by cutting back on truck driver training, by pressuring the drivers to push the limits of safe driving speeds or, in long-haul situations, by pushing the limits when it comes to the number of hours drivers spend behind the wheel between rest periods.

Pushing the limits when it comes to highway and road safety inevitably leads to some people going too far and that in turn leads to accidents between commercial trucks and passenger vehicles. When these happen, though, it may be challenging to prove that the truck driver, or the driver’s employer, was operating unsafely. They and their insurers can be expected to deny allegations of inadequate training, inadequate maintenance or long hours of operation that contribute to driver fatigue.

Fortunately, however, it is often possible to uncover information and evidence to support a claim that negligence, in the form of taking unreasonable safety shortcuts, was the underlying reason for a collision that involved a commercial vehicle.

Both federal and Texas laws require trucking companies to maintain records of activities such as maintenance and driver hours. These records can be obtained through a process known as “discovery.”

Furthermore, a skilled attorney may also be able to use legal tools such as depositions to reveal “unofficial” company policies that encourage drivers to engage in unsafe practices such as speeding to improve delivery times.

As an individual victim of a car accident with a commercial truck, your first concern will understandably be recovering from any injuries you may have sustained and property damage you may have incurred. An experienced personal injury law firm will be able to concern itself with the means of how to prove fault in the accident, so that you can focus your attention on what is most important to you while simultaneously having your right to compensation and redress protected.

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