Commercial Truck Accident Lawyers – 18 Wheeler Crash Attorneys

Our Texas truck accident lawyers see many instances in which truck drivers and trucking companies destroy evidence after the collision. The law has fashioned a remedy for this type of conduct – spoliation.

Spoliation refers to the destruction or failure to preserve evidence that is necessary to contemplated or pending litigation.truck accident law

Proof of spoliation raises a rebuttable presumption against the spoliator that the evidence favored the opposing party. This fact alone renders summary judgment inappropriate.

Thus, one who destroys or fails to preserve relevant evidence will be subject to a charge that had the evidence not been destroyed or preserved it would have favored the opposing party.

In one case, the Defendant driver left the scene of the collision before the police arrived so that a drug/alcohol screen could not be conducted. He later denied being impaired. The Court held that by avoiding the drug/alcohol screen, he had committed spoliation of evidence of his impairment at the time of the collision.

In another case , the Court had occasion to consider spoliation in the context of the Federal Motor Carrier Safety Regulations. The defendants destroyed a driver’s log book which is required to be maintained under the Federal Motor Carrier Safety Regulations. The Court held that this destruction entitled the Plaintiffs to a presumption that the logs would have shown that the driver violated hour of service limitations established by the Federal Motor Carrier Safety Regulations, and supported an award of punitive damages. More on this website @ https://www.carabinshaw.com/el-paso-18-wheeler-accidents.html

Additionally, the Court held that the destruction of vehicle inspection reports, which are required by the Federal Motor Carrier Safety Regulations, raised a presumption that the truck was not in a safe operating condition, and also supported the award of punitive damages.

Another case presented the issue of spoliation involving the Federal Motor Carrier Safety Regulation §382.303 which requires a post accident drug/alcohol screen. The truck driver involved in a collision failed to submit to the required test.

The Court found that the driver had committed spoliation of evidence, reasoning that “the jury could find, however, that the Defendant’s conduct amounted to a passive spoliation (sic) allowing any suspected evidence of drug or alcohol to pass through his system.” The Court further held that the failure to take the drug test “makes the fact of consequence to the action – His intoxication at the time of the collision – more probable than it would be without the evidence.” Click here @ https://truckaccidentattorneysa.com/new-braunfels-truck-accident-lawyers/

Have You Been Injured In An Accident – Call A Lawyer

Have you experienced personal injury law anytime before? You can learn more about personal injury just in case you ever have to experience it one day. This article has advice which is truly priceless.

It is important to make your accident report as detailed as possible. Be sure to list every physical problem no matter how small. Be sure to account for all related aches and bruises that don’t show themselves until days following the injury. Keep your mental health into consideration, such as the ability to perform activities.accident Law

Personal Injury

When looking for an injury personal injury attorney review online resources. Don’t just choose the personal injury lawyer on the television ad. This may not be the best option for you. You need to choose a personal injury lawyer in based on their experience with cases like yours.

Avoid hiring the first injury lawyer for personal injury you meet with. Spend a few days consulting with other prospective lawyers before making a commitment. Often, you can get a free meeting with your personal injury lawyer to discuss your case. Prepare all your documents before meeting with a personal injury lawyer in for the first time, bring a list of questions and do not forget to ask about costs.

Insurance companies can be tricky to work with. In a normal personal injury case, you will probably be dealing with an insurance company. Insurance companies do not want to give you money. You might wish to speak with a personal injury lawyer prior to accepting anything an insurance company wants to give you.

Personal Injury

If you have been injured in any type of car accident, a work accident, or have sustained any other injury that wasn’t your fault, your first step should be to hire a personal injury personal injury lawyer. Wasting time will only hurt your chances of getting money. As soon as you hire your personal injury lawyer he can begin to gather the information he needs to make your case.

Hire a personal injury personal before you give any written or recorded statements about the injury to a claims adjuster or representative of the party responsible for your injury. You don’t want to make statements that may be used against you in court.personal injury attorneys

Remember, simply hiring a personal injury personal attorney does not mean that you are going to see a check in your mailbox in a week or two. It can be a long and drawn out process that requires lots of patience. In fact, a case can last a couple of years, especially if you’re located in a larger city. Remember this and you will have an easier time keeping your frustration and anxiety in check.

Ask your personal injury lawyer if they will consider accepting your case under contingency. A contingency basically means that you don’t have to pay anything unless your case is won. This can help balance the amount that you have to pay during your case.

Personal Injury Law
Hopefully, now you have a better understanding about the different aspects of personal injury. Learning all you can will help the ensure the best possible outcome for your case. Use the article above to help guide you through the entire personal injury lawsuit process. More here @ http://austin-auto-ac​cident.com/

Commercial Vehicle and Trucking Accident Attorney

Have you been injured because of an accident involving a commercial vehicle and now need to retain the best Trucking Accident Attorney to protect your legal rights? Accident claims resulting from trucking accidents of this kind can be particularly complex due to the fact the liability of a business or a large corporation may play a part in the case. Instead of dealing with an individual driver and his or her insurance carrier, you may find that you are dealing with a corporation that may have an attorney or team of attorneys and an insurance carrier to handle claims of this nature. Their resources are often more extensive and they may have more of a vested interest in seeing that they or their employees are not held accountable for causing your accident and your associated injuries. This is in an effort to keep corporate shareholder profits up and insurance premiums down.
This Corporate motivation places significant danger on the law-abiding automobile drivers on the nation’s highways and roads. Our attorneys have fought to protect the rights of innocent drivers who have been significantly injured after a collision with a much larger commercial vehicle. We have obtained tens of millions of dollars fighting for our client’s rights and in an effort to keep the roads safe for the rest of us.accident Law

One of the most important things you can do if you are dealing with a claim of this kind is to contact a trucking accident attorney who is experienced in handling trucking accidents and commercial accident cases. We understand how these cases work and can provide hard-hitting, knowledgeable legal counsel to help you seek the full compensation you need – and deserve. Even if it means going up against a big company, we can apply the proper resources to seek the best possible result on your behalf.

Collisions between the Heavier Commercial Vehicles and Cars are Substantially More Deadly and Cause More Harm to Other Drivers on the Nation’s Highways and Roads.
Commercial vehicles are generally defined as vehicles used for carrying goods or, less commonly, fare-paying passengers. This definition may include delivery trucks, semi-trucks and tractor-trailers, buses, taxis, construction vehicles, 18 wheelers, gas tankers and all other vehicles that require a commercial driver’s license to operate.

Due to the fact that the Commercial Vehicles are much larger and heavier, they cause substantially more damage to the smaller automobiles and motorcycles that they share the Nation’s roads with. These collisions lead to much more severe personal injuries, and fatalities to the drivers and passengers of the smaller, lighter automobiles.

Driver Negligence and Improper Maintenance are Often the Cause of Commercial Vehicle Collisions With Automobiles.
Many of the drivers of Commercial Vehicles are paid for getting their cargo to its destination on time. This leads to drivers of Commercial Vehicles pushing themselves to continue to drive when they are too tired to safely operate such large equipment at high rates of speed. In addition, there is a large degree of amphetamine and similar drug use among Commercial Vehicle drivers in an attempt to keep awake to continue to drive to make their scheduled pickups and deliveries on time. This leads the drivers to operate their large, heavy vehicles under the influence and is often a contributing factor in commercial vehicle collisions and the resulting fatalities and severe injuries to the drivers and passengers of the automobiles that they collide with.personal injury law

In addition, it is relatively expensive and time-consuming for the drivers of Commercial Vehicles to adhere to the strict regulations regarding the proper maintenance of their equipment and many drivers cut corners in an effort to save money and routine maintenance is not properly performed. This fact also contributes to commercial vehicle collisions with smaller automobiles on our roads and streets. According to the National Highway Traffic Safety Administration, an automobile collision with a commercial vehicle is seven times more deadly to the driver of the auto than traditional automobile vs. automobile accidents. These facts in their totality are frightening considering the sheer amount of commercial vehicles currently operating on our streets and highways; posing a real danger to the rest of us who share the road with these large vehicles.

The serious nature of these cases requires equally serious legal counsel. Contact a commercial vehicle accident attorney at our firm today for a free review of your case.