If you were involved in a collision with a large truck in or near Dallas, TX and are looking to build a strong case against the driver as you plan on filing a personal injury lawsuit against them, you can start by identifying the negligent act they engaged in that led up to the accident occurring. Some examples of truck driver violations highlighted on the Federal Motor Carrier Safety Administration’s (FMCSA) website that can be used to serve as your proof that the operator of the vehicle was negligent include:
- Driving under the influence of alcohol. In the state of Texas, a commercial truck driver is said to be over the legal limit if their BAC (blood alcohol concentration) level is .04 or higher. If they were operating a truck but were not required to carry a CDL (commercial driver’s license), the legal limit then increases to .08.
- Operating their vehicle while under the influence of a controlled substance.
- Leaving the scene of an accident. If the trucker hit your vehicle and attempted to flee the scene of the accident only to be caught later, this would serve as viable evidence for proving the driver was negligent.
- Operating a CMV after their CDL has been revoked, suspended, or canceled, or the driver is disqualified from operating a CMV.
- The driver was speeding excessively, which would be any speed of 15 mph or more over the posted speed limit.
- Driving their vehicle recklessly with the “willful or wanton disregard for the safety of persons or property.”
- They were driving a commercial truck without having first obtained their CDL. For example, if a truck driver willing accepted a job knowing he/she needed to have a CDL but never obtained it, they would then be considered to be negligent.
- Operating a CMV without obtaining the proper endorsement for the type of vehicle they were driving. For instance, truckers who operate a vehicle carrying hazardous materials must have received their Class C CDL with an “H” endorsement, according to the Federal Motor Carrier Safety Administration (FMCSA). Under certain circumstances, they may even need to obtain additional endorsements as well.
When you are able to clearly identify how a truck driver was negligent, you give your case a strong foundation to build up from. The next thing you will want to do is assess how the accident has impacted all aspects of your life. Did the collision cause you to suffer a permanent injury or did you have to quit your job as a result of the chronic pain and suffering you are now experiencing? Are you drowning in medical bills as the crash has led to you suffering injuries that require ongoing medical treatment? All of this and more needs to be taken into account so that when you file your lawsuit claiming the truck driver was negligent, you also have evidence of how these neglectful acts have affected your life.
Another way to help build a strong case against a negligent truck driver who was responsible for causing a wreck is by hiring a knowledgeable and experienced Dallas, TX truck accident attorney. Not only will a lawyer who focuses on truck accident law help you gather all the evidence you need by conducting an investigation of their own, but they will also use the various laws that govern truckers to support for your case.
If you would like to be connected with a trucking accident lawyer in Dallas now who can provide you all the assistance and advice you will need to obtain a favorable outcome in your case, contact the Law Offices of Robert Gregg.
You can reach the Law Office of Robert Gregg at:
2024 Commerce Street
Dallas, TX 75201