Experienced trucking accidentsattorneys know that not every crash is an “accident.” Sometimes they happen because someone took a risk, someone was negligent, or someone wasn’t properly trained or supervised. Tragically, you or your loved onepaid the price.
At Ted B. Lyon & Associates, our Dallas truck accident attorneys are relentless when fighting for the rights of injured clients. From our offices in Dallas, El Paso, Houston, Lubbock, McAllen, Odessa, Tyler, Wichita Falls, and Mesquite, we handle trucking accident cases throughout Texas.
Call 877-833-5966for a free consultation with one of our experienced Dallas truck accident lawyers.
The driver, the company that loaded the truck, the trucking company and others all share in the responsibility for ensuring the roadworthiness of the truck. Each can be held at least partly liable in the event of a truck accident.
Even if the injured person was partly responsible for the accident, they may still be qualified to get some compensation if the trucking company or the driver was more at-fault.
Fatigue:Because driving while fatigued greatly increases the chance of an accident, commercial truck drivers are legally required to take rest breaks. A driver logbook tracks their on-duty and off-duty time over a 24-hour period, including the number of hours they were behind the wheel and the number of hours of sleep they got before and during the run.
Driver logbooks can bea key piece of evidence.When available, we compare the information in the logbooks to the information from the truck’s on-board data recorder. If we find any discrepancies, we will use them to strengthen our client’s case.
Impaired driving (drug or alcohol use): A truck driver with a commercial vehicle license is considered legally intoxicated if they have a blood alcohol level of .04 or higher. That’s significantly lower than your average drunk driver.
Recreational drugs and some prescription drugs can alsoimpair the driver’s ability to safely operate their truck.Drivers and their employers will often try to pass off drug-impaired driving as distracted driving so it doesn’t go on the driver’s record. We dig into the case to try to uncover the truth in police reports and test results.
Impaired driving (medical causes): Commercial driving is a physically demanding job. Drivers are required to provide a full health history and to pass a medical exam. Even though they could face civil or criminal penalties for failing to report a medical problem, some drivers fail to comply, and some companies don’t ask.
Disqualifying medical conditions include hearing loss, vision impairments, some heart conditions, seizure disorders, inner ear disorders, vertigo and Meniere’s disease, unstable diabetes, very high blood pressure, any condition requiring an oxygen tank, and kidney disease.
Even with medical conditions, drivers can get variances from their state and continue to drive. And medical examiners have the discretion to re-certify drivers. It’s possible that the driver who caused your injuries was medically impaired.
Improper loading: The proper loading of an 18-wheeler is essential to the safe operation of the vehicle. Loading a truck beyond its recommended weight, or failing to properly secure its load, can make the truck unstable. Overweight trucks are more difficult to stop and at increased risk for jackknifing and rollovers.
There are specific guidelines that dictate how a particular truck should be loaded. Failing to follow these guidelines can often be used to prove negligence in a trucking accident case.
When you need a highly experienced law firm on your side in a complex trucking accident case, call Ted B. Lyon: 877-833-5966. We handle all personal injury cases on a contingency fee basis. That means we only earn a fee if we win your case.
Learn more about our personal injury lawyers. Our firm has been recognized in many ways over the years, including selection to the Super Lawyers list and an AV Preeminent Rating* in Martindale-Hubbell’s peer review rating system.
*AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and ethical standards.
