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Texas truck crash fatality: Do commercial driver qualifications impact legal case?

Texas – October 20, 2022

The Texas Department of Public Safety reported that a driver suffered fatal injury in a wreck with a Freightliner tractor trailer on I-35.  The chain-collision crash occurred on northbound Interstate 35 when the driver of a Hyundai Elantra crashed into the back of a big rig and was ejected from the vehicle. Proof of federal trucking law violations may weigh in favor of an accident victim after a big rig crash in Texas if it can be proven that the lack of driver qualifications had bearing on the reason for the accident. A DUI lawyer may initiate legal action against a negligent driver to determine if reckless or DUI behaviors had any bearing on the accident.  If proper driver qualification was not undertaken, a trucking company may be at fault.  Legal counsel can work with insurance carriers and build negligence claims against commercial trucking companies caused by driver errors, including fatigue and reckless driving, through support documentation that includes electronic time logs, event data recorder and cell phone records, truck inspection trip reports, GPS information, logbooks, and other documents that include time stamps such as bills of lading, and miscellaneous receipts.

Texas commercial driver qualifications.

Before becoming successfully licensed to drive commercially in the State of Texas, drivers must also undergo the following checks:

  • Administration and completion of a written multiple-choice test for road and traffic safety, transportation laws and technical/safe operation protocols. The driver is required to attain a score of 80% or higher to pass.
  • A safety inspection on the truck is conducted when an individual owns/operates their own vehicle.

Texas truck accident attorneys can explain the relevance of driver qualifications on the occurrence of catastrophic and fatal truck accidents. Truck drivers employed by motor carriers in the State are required to have a driver qualification file that includes certification of driver violations.  When violations reveal poor driving records, other parties may be held responsible for damages apart from the driver.  When truck driver violations occur, proper and timely notification must be provided to the State of Texas in accordance with Federal Law.

Insurance responsibility.

Texas truck accident lawyers will make valuations for recoverable compensation may include medical bills, lost wages, property replacement, pain, and suffering, along with loss of companionship and future earnings in wrongful death actions. Texas is a “fault state” and responsible parties to an accident will have to compensate injured parties involved in the accident up to 51% at which point no compensation will be allowed.

Hire legal counsel.

Experienced Texas attorneys in Texas can offer truck accident victims, and their families, competent legal counsel with valuable resources to support a case.  Skilled attorneys at the Cooper Law Firm can file a legal action for comprehensive damages, or insurance benefits when physical injury, property damage, or death occurs due to a truck accident in Texas.

Cooper Law Firm
Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

 Sources.

  1. https://www.kwtx.com/2022/10/21/authorities-investigating-deadly-crash-i-35-central-texas/
  2. eCFR :: Title 49 of the CFR — Transportation
  3. https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051
  4. https://www.fmcsa.dot.gov/regulations/title49/b/5/3/list
  5. https://statutes.capitol.texas.gov/Docs/TN/htm/TN.522.htm
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