Accidents involving commercial vehicles, including semi-trucks and delivery vans, often result in severe injuries and fatalities. Due to their massive size and weight, these vehicles pose a significant risk to other motorists on the road. The Law Office of David M. Kennedy, a leading personal injury firm in North Texas, understands the complexities of these cases and fights for victims’ rights. If you or a loved one has been involved in a commercial vehicle accident, you need an experienced attorney to help you navigate Texas and Oklahoma laws regarding liability, insurance, and compensation.

The Higher Standards for Commercial Drivers and Trucking Companies

The Federal Motor Carrier Safety Administration (FMCSA) and the Texas Department of Transportation (TxDOT) impose strict regulations on commercial vehicle operators. These regulations aim to ensure public safety and hold drivers and their employers accountable. Some of the most critical standards include:

• Strict Licensing Requirements: Commercial drivers must obtain a Commercial Driver’s License (CDL) and undergo rigorous training and testing.
• Hours of Service (HOS) Regulations: Drivers must adhere to limits on driving hours and document the same, to prevent fatigue-related crashes.
• Routine Vehicle Inspections: Trucking companies are responsible for maintaining their fleets and ensuring their vehicles meet safety standards.
• Substance Testing: Regular drug and alcohol testing is mandatory to ensure drivers are not impaired while operating large vehicles.

Despite these stringent regulations, violations are common, often leading to catastrophic accidents.

Statistics Highlighting the Risks of Commercial Vehicle Accidents

Data from the National Highway Traffic Safety Administration (NHTSA) and the TxDOT reveal alarming statistics about commercial vehicle crashes:

• In 2021, 5,788 people were killed in large truck crashes in the U.S., a 17% increase from the previous year (NHTSA).
• Texas consistently ranks among the states with the highest number of truck-related fatalities, with over 600 deaths annually (TxDOT).
• Fatigue, speeding, and mechanical failures are leading causes of commercial vehicle crashes, with driver error accounting for over 85% of truck accidents (FMCSA).

These statistics highlight the dangers posed by negligent trucking companies and drivers who fail to follow safety regulations.

Determining Liability in Commercial Vehicle Accidents

One of the most complex aspects of a commercial vehicle accident is determining liability. Unlike standard car crashes, these cases often involve multiple parties, including:

• The truck driver, with negligence, distracted driving, and fatigue often playing a role.
• The trucking company, if they failed to conduct proper maintenance or forced drivers to violate HOS rules, failed to train the driver or ensure their competence to operate the truck.
• The vehicle manufacturer, if defective or recalled truck parts contributed to the accident, or if there was a design defect.
• The cargo loaders, if improperly secured loads caused a crash.

An experienced personal injury lawyer like David M. Kennedy can investigate the circumstances of your accident, gather evidence, and hold all responsible parties accountable.

Insurance, Compensation, and Proving Fault

Texas and Oklahoma both follow a fault-based system for vehicle accidents, meaning the at-fault party is responsible for covering damages. In commercial vehicle accidents, trucking companies typically carry substantial insurance policies, often exceeding $1 million in coverage. However, insurers may try to minimize payouts or deny claims altogether. In fact, you can bet on it.

Victims of truck accidents may be entitled to compensation for:

Lost wages and reduced earning capacity into the future

• Property damage
• Pain and suffering
• Medical expenses past and future
• Lost wages in the past, and loss of wage-earning capacity for the future
• Mental anguish and emotional stress

To build a strong case, it’s crucial to gather key evidence such as:

• Black box data (which records the truck’s speed and braking activity)
• Driver logs (to check for HOS violations)
• Surveillance footage and witness statements
• Maintenance and inspection records
• Personnel file for the driver
• Company documents, such as training and company policies and procedures

Having a skilled attorney like David M. Kennedy on your side ensures that all crucial evidence is preserved and that insurance companies do not take advantage of you.

Contact The Law Office of David M. Kennedy Today

If you or a loved one has been injured in an accident involving a commercial vehicle, don’t navigate the legal complexities alone. The Law Office of David M. Kennedy is dedicated to securing maximum compensation for victims in North Texas and Southern Oklahoma. Contact Us today for a free consultation to discuss your case and understand your legal rights.