In the bustling city of Dallas, where commercial vehicles dominate the roads, accidents involving these large vehicles can have devastating consequences. After all, their sheer size and weight make them inherently more dangerous. If you or a loved one has been involved in a commercial vehicle accident, understanding the concept of negligence is crucial. Here’s what to know about negligence in commercial vehicle accident cases.
What is Negligence?
Negligence forms the foundation of personal injury cases, and commercial vehicle accidents are no exception. Negligence occurs when someone fails to exercise the level of care that a reasonably prudent person would under similar circumstances. In the context of commercial vehicle accidents, negligence could be attributed to various parties, including the driver, the company, or even the maintenance personnel.
Driver Negligence
One of the primary factors contributing to commercial vehicle accidents is driver negligence. This can encompass a range of behaviors, including distracted driving, fatigue, speeding, or driving under the influence. Proving negligence in these cases often requires a thorough investigation, including eyewitness testimonies, surveillance footage, and expert analysis of the accident scene.
Company Negligence
Commercial vehicle accidents can also result from the negligence of the company that owns or operates the vehicle. This may involve inadequate hiring practices, insufficient training, or failure to properly maintain the vehicles. Companies have a responsibility to ensure their drivers are qualified, well-trained, and that their vehicles are safe for the road. Failure to meet these standards can constitute negligence on the part of the company.
Maintenance Negligence
Negligence may extend to those responsible for maintaining commercial vehicles. Poorly maintained brakes, tires, or other essential components can lead to catastrophic accidents. In such cases, determining negligence may involve examining maintenance records, conducting inspections, and consulting with experts in vehicle safety.
Modified Comparative Negligence
Sometimes both parties are partially to blame for an accident. When this occurs, Texas uses a modified comparative negligence system with a 51% bar rule. This means that a plaintiff can only recover damages if they are found to be 50% or less at fault for the accident. If the plaintiff is determined to be 51% or more at fault, they are barred from recovering any damages.
In cases where the plaintiff is less than 51% at fault, their damages are reduced by the percentage of their fault. For example, if a plaintiff is found to be 20% at fault for an accident and the total damages are $100,000, the plaintiff would be entitled to recover $80,000 (i.e., $100,000 – 20%).
Consult with a Qualified Attorney
Navigating the legal complexities of commercial vehicle accident cases requires the expertise of a Dallas personal injury attorney specializing in these matters. An experienced attorney can help you gather evidence, assess liability, and build a compelling case to secure the compensation you deserve. Whether negotiating with insurance companies or litigating in court, having a skilled advocate by your side is crucial in ensuring your rights are protected.
Commercial vehicle accidents in Dallas can have severe consequences, and understanding the concept of negligence is essential for those seeking justice. Whether the negligence lies with the driver, the company, or maintenance personnel, holding responsible parties accountable requires a strategic and knowledgeable approach.
The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Been Injured in a Commercial Vehicle Accident
If you or a loved one has been injured in a commercial vehicle accident in Texas, you may be entitled to compensation. Be sure to speak with a knowledgeable and experienced Texas personal injury attorney. He or she can help to gather evidence and walk you through each step of your case.
The lawyers at Rochelle McCullough will help fight for your rights. To schedule a consultation, contact us today.