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Posts tagged "Truck Accidents"

What is 'cause-in-fact' with regard to Texas truck accidents?


A few weeks ago we discussed the idea that when a truck accident occurs in Texas that causes an injury or property damage, on remedy is that of a civil suit against the responsible party. Often, the legal concept underlying these suits is that of negligence. We pointed out that in a case for negligence the plaintiff -- or suing party -- needs to show that a person or entity had a duty that was breached, and that the breach was the cause of the actual injury or damage that was done. We have also discussed the first part of this test, that of duty and breech.

Duty is the first element in Texas truck accident liability


About a month ago this blog lay out brief summary of how, in general, a civil lawsuit on behalf of a person injured due to a truck accident in Texas may be presented. Because the large majority of motor vehicle injury cases rely on the concept of liability due to negligence, we discussed the basic elements that a case based on this concept requires to be proved in order to succeed. This post will look a little more in depth into the first and most basic concept in a negligence case, that of 'duty' and 'breach.'

Duty is the first element in Texas truck accident liability


About a month ago this blog lay out brief summary of how, in general, a civil lawsuit on behalf of a person injured due to a truck accident in Texas may be presented. Because the large majority of motor vehicle injury cases rely on the concept of liability due to negligence, we discussed the basic elements that a case based on this concept requires to be proved in order to succeed. This post will look a little more in depth into the first and most basic concept in a negligence case, that of 'duty' and 'breach.'

What is 'negligence' with regard to Texas truck accidents?


This blog has previously discussed the some of the types of regulations that truckers and their employers must follow to satisfy federal and Texas safety laws. These rules exist mainly for the protection of others who use the public roadways in the state. Because of the large size and weight of fully loaded commercial vehicles, they tend to pose a particularly dangerous hazard when involved in accidents. While it is not pleasant to contemplate, those who have been injured, or who have had a family member killed in an accident involving a truck, may have a way to recoup some of their financial losses.

What is 'negligence' with regard to Texas truck accidents?


This blog has previously discussed the some of the types of regulations that truckers and their employers must follow to satisfy federal and Texas safety laws. These rules exist mainly for the protection of others who use the public roadways in the state. Because of the large size and weight of fully loaded commercial vehicles, they tend to pose a particularly dangerous hazard when involved in accidents. While it is not pleasant to contemplate, those who have been injured, or who have had a family member killed in an accident involving a truck, may have a way to recoup some of their financial losses.

Texas family injured when involved in accident with dump trucks

We've discussed in this space that, when it comes to operating commercial vehicles, such as trucks, the responsibility for safety may devolve on entities other than the drivers in certain situations. As we have seen, companies that operate various types of these vehicles must follow federal and state regulations with regard to safety inspections and maintenance of the fleet. Unfortunately, a Texas family may have found out that these requirements don't prevent all accidents.

Not just drivers can be liable in Texas truck accidents


Last week, we discussed the fact that federal as well as Texas regulations have certain requirements that companies operating large commercial vehicles must follow. While the agency that investigates the violations and some of the time restrictions change depending on whether the trucking company is engaged in interstate or intrastate commerce with its fleet, in either case, when such regulations relating to the safety of the vehicles or status of the drivers are not followed, the company itself may be liable for injuries that result.

Not just drivers can be liable in Texas truck accidents


Last week, we discussed the fact that federal as well as Texas regulations have certain requirements that companies operating large commercial vehicles must follow. While the agency that investigates the violations and some of the time restrictions change depending on whether the trucking company is engaged in interstate or intrastate commerce with its fleet, in either case, when such regulations relating to the safety of the vehicles or status of the drivers are not followed, the company itself may be liable for injuries that result.

What is a truck company 'safety fitness determination' in Texas?


In a state the size of Texas, the transportation of goods over long distances is crucial for the proper functioning of a modern economy. In many cases, this function is carried out by fleets of commercial trucks owned by private motor carrier companies. While indeed essential, the presence of these large vehicles can create hazards for other drivers on the roads, and federal and state laws and regulations seek to ensure that these companies operate in as safe a manner as possible.

What is a truck company 'safety fitness determination' in Texas?


In a state the size of Texas, the transportation of goods over long distances is crucial for the proper functioning of a modern economy. In many cases, this function is carried out by fleets of commercial trucks owned by private motor carrier companies. While indeed essential, the presence of these large vehicles can create hazards for other drivers on the roads, and federal and state laws and regulations seek to ensure that these companies operate in as safe a manner as possible.

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