State Trucking Regulations
Truck drivers must follow state trucking regulations. If they are engaged in interstate commerce, they must also follow the federal trucking regulations. Unfortunately, many commercial drivers fail to follow regulations due to distraction, recklessness, or a misunderstanding of the accidents that a particular regulation is in place to prevent. A failure to follow regulations can result in serious and catastrophic accidents, or even a wrongful death. Not all attorneys are aware of what the trucking regulations are, or how to spot a violation. If you or a loved one has been injured by a commercial driver in the Dallas area, it is important to consult a truck accident attorney who understands the relevant regulations and how to look for violations of those regulations after an accident. Feizy Law Office may be able to help you recover the compensation that you need.Texas Trucking Regulations
Negligence or negligence per se may be the basis for bringing a claim against a negligent truck driver and the trucking company that hired him. One important state trucking regulation, for example, concerns drunk driving and commercial vehicles. Under Texas Administrative Code §4.21, any employer that is required under federal safety regulations to conduct alcohol and controlled substance testing on employees that hold a commercial driver's license must report any valid positive test within 10 days of receiving notice.
If an employer fails to make this report, the company as well as the driver can potentially be held liable in a personal injury suit based on negligence. To prove negligence, a plaintiff must prove by a preponderance of the evidence the defendant's duty, the defendant's breach of duty, causation, and damages. In some cases, a violation of a trucking regulation (such as §4.21) is used as evidence of a breach of duty. However, in other cases, negligence per se applies.
Negligence per se basically means negligence as a matter of law. Using negligence per se may allow a plaintiff to conserve money and time. When the legislature includes a standard of conduct within the law, which is designed to provide safety to a certain class of people, a violation of that standard is considered unreasonable. In such cases, the jury does not need to determine whether the defendant acted reasonably prudently, since the statute states what a reasonably prudent person would have done.
To prove negligence per se, you would need to show that the defendant violated a law, that the violation caused the type of harm the law was trying to prevent, and that the harm occurred to a person whom the law was intended to protect.
A Texas commercial driver may be negligent per se not only for drunk driving, but also for allowing unlicensed passengers to operate the vehicle, improperly loading a vehicle, causing it to have a reduced braking ability, or driving for more hours than permitted by law.Consult a Knowledgeable Dallas Attorney after a Truck Accident
Trucking companies and their attorneys are usually quite aware of what the trucking regulations are, and whether there has been a violation. Even when there has been a clear violation, however, they may try to shift the blame to you. If you are injured or a loved one has suffered a wrongful death in Dallas or the surrounding cities, you may need an aggressive lawyer with experience in pursuing compensation from trucking companies. Call Feizy Law Office at (214) 651-8686 or contact us via our online form for a free appointment. We also represent accident victims in Garland, Irving, Fort Worth, Plano, and Arlington, among other cities across Texas.