18 Wheeler Truckers Look Out for Number One, Not You, And Often not Even the Truth

18 Wheeler Truckers Look Out for Number One, Not You, And Often not Even the Truth

What would you do if someone threatened your line of work, your ability to earn a living and take care of your family? Good jobs are hard to come by these days so you would probably do anything to assure that you keep getting paid and that your family still eats.

Truck drivers are no different. When they’ve been involved in an 18 wheeler accident and know they are in danger of losing their paycheck if they’re held liable for the wreck, they’re not beyond lying, cheating (or stealing evidence) in order to save their job. Trucking companies wouldn’t trust one of their expensive rigs to a driver with a history of causing expensive wrecks; even one. The trucker knows he’ll probably lose his job if he’s found responsible for your accident and serious injuries. And it will be hard for him to find another driving gig. So when he hits you, he’s looking for a fall guy. And you’re it.truck accident attorneys

A client once hired us after suffering an injury in an 18-wheeler accident. The driver who caused it claimed that our client was driving with his lights off at night and was instead, the cause of the accident. But our investigators discovered a security camera outside a storefront that was pointed directly at the accident scene. The video clearly showed that our client’s headlights were shining brightly, which proved that the truck driver boldly lied.

Our investigative methods get to the bottom of 18 wheeler accidents and the lies the drivers sometimes tell. All of the evidence, sworn statements of credible witnesses, video surveillance footage, and forensic test results we gather that prove a trucker isn’t telling the truth can make powerful evidence in your insurance claim or civil case. Sometimes your lawyer will catch a trucker in a lie during a deposition and press him until he gives up the truth. Over the last twenty years, the 18 wheeler accident injury lawyers at our Texas Law Firm have taken countless depositions and developed sophisticated techniques of inquisition that can get witnesses to admit the truth. And the truth is your best weapon in winning a settlement before a case goes to trial.

Our Law Firm has decades of experience handling personal injury litigation in large truck wreck cases. If you or a loved one has been hit by one of these monsters and you are blameless, our expertise assures that you should receive the fairest compensation possible for the injuries and pain you have suffered or if a wrongful death of a loved one has occurred. We’ve helped deliver millions of dollars to hundreds of negligent accident victims in Texas. So if you or a loved one has been involved in a trucking accident in Texas, our experienced accident lawyers can win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation. Get on the road to recovery so you and your family can get on with your lives.

Our Main Office:

Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215
210-222-2288

Pre-Employment Drug Screening for Truckers – Personal Injury Lawyers

Pre-Employment Drug Screening for Truckers – Personal Injury Lawyers

Negligent Entrustment of a Trucking Company and The Failure to Properly Screen Truck Drivers

There are almost three million tractor-trailers that travel the nation’s highways in a given year and with so many on the road, accidents with other motorists are a common occurrence. Nearly 113,000 tractor-trailer accidents yearly and almost 3500 of those result in fatalities. Many of these accidents would be prevented if the trucking companies follow the federal requirements regarding the pre-employment background and drug screening.personal injury law - truck accident attorneys

The Federal Motor Carrier Safety Administration requires that trucking companies perform pre-employment background checks for every driver they hire. Trucking companies must investigate a potential driver’s employment history and driving record, conduct screenings for drugs and alcohol, and check for any drug or alcohol-related violations in the truck driver’s background. The failure to perform pre-employment background checks leads to accidents and injuries that might otherwise be preventable. Find more great information about Truck Driver accidents here @ https://www.carabinshaw.com/truck-accident-attorney-in-midland.html

If you have been injured in a tractor-trailer accident it may be difficult for you to obtain the trucking company’s records to determine whether they followed the federal law requiring pre-employment background checks on their driver. Trucking companies have been known to hide or destroy these records to prevent injured plaintiffs from demonstrating the trucking company’s failure to comply with the federal requirements. The attorneys at Our Law Office know how to investigate the trucking company and its drivers. We know what reports need to be produced to verify whether the required pre-employment screening was conducted by the trucking company and if its negligence in failing to do so was a factor in your injuries.

An Ounce of Prevention

As the old saying goes, “an ounce of prevention is worth a pound of cure.” Though an old and often used term, this statement is still nonetheless true. In this case, the “ounce of prevention” is the trucking company’s duty to perform pre-employment background and drug screening, and the “pound of cure” is compensating a motorist that has been injured as the result of an accident with a tractor-trailer driver who had no business on the roads. The best prevention is taking the necessary steps to reduce the occurrence of an accident in the first place.

In an effort to reduce the number of accidents involving motorists and tractor-trailers, the Federal Motor Carrier Safety Administration has enacted an extensive driver screening program for the trucking industry to follow in order to keep unsafe tractor-trailer drivers off the road. However, the program can only be effective if those responsible for hiring tractor-trailer drivers – the trucking companies—actually use it. The FMCSA driver pre-employment screening program focuses on two key areas. First, the trucking company must obtain employment and driving history for the driver for the previous three years. Second, the trucking company must obtain the driver’s drug and alcohol violation history for the previous three years as well as to conduct its own drug screening on the driver. Each of the steps outlined in the FMCSA’s pre-employment screening program is important in keeping dangerous and unqualified drivers off the road and minimizing the number of preventable accidents that occur each year.truck accident attorneys

Pre-Employment Driving History

As part of the FMCSA’s pre-employment driver screening program trucking companies are required to obtain a driver’s employment and driving history for the previous three years. This is an important factor in preventing accidents because many times a driver’s employment or driving history reveals their record for drug use, carelessness or reckless driving.

When a driver applies for employment with a trucking company, part of the due diligence the trucking company must perform involves obtaining the driver’s license and driving history. The trucking company should review any driving violations, accidents, and tickets received by the truck driver in this time period. The FMCSA has made it easier than ever for trucking companies to obtain this information. The agency is making data available on driver safety and post-crash violations, in addition to the roadside inspection and crashes records that employers already can see using this system. The Internet-based pre-employment screening program gives the trucking companies five years of an applicant’s crash history and three years of his inspection history. The data is drawn from the Motor Carrier Management Information System and includes the same information that is used by agency staff and state police for enforcement. There is simply no excuse for a trucking company’s failure to conduct this basic check and if you are injured by their negligence in doing so, the lawyers at Our Law Office are here to help.

Pre-Employment Substance Abuse History

In addition to a trailer truck driver’s driving history, the trucking companies have a legal duty to obtain reports from the driver’s previous employers regarding any drug or alcohol violations. Trucking companies must request information related to substance abuse history from prior employers. Specifically, a prospective employer must verify whether an applicant has failed a drug or alcohol test from all employers for the three years prior to the date of hire. The trucking company must request the results of alcohol tests with a result of 0.04 or higher alcohol concentration, verified positive drug tests, and refusals by the truck driver to be tested, and other violations of DOT agency drug and alcohol testing regulations. Additionally, the trucking company should not have the driver on the road until this information has been received and verified.

If a tractor-trailer driver has a history of drug and alcohol abuse or DOT violations, these factors serve as a warning to potential employers about the risk a driver like this brings to the highway. Logically, once made aware of this risk the trucking company can reduce the risk of an accident involving this driver by simply not hiring them. Obtaining the driver’s employment and driving history prior to employment is not only good business sense for the trucking company, but it is also required by law. Click on this link @ https://caraccidentattorneysa.com/truck-accident-lawyers-san-antonio/

If you have been injured in a tractor-trailer accident one of the first things that needs to be secured for your case are the results of the pre-employment driving history and employment check conducted by the trucking company. Trucking companies are not always forthcoming with these documents because by not complying with the federal requirements their negligence can be a major factor that works in your favor. The trucking company will throw many hurdles in your way to prevent you from obtaining these documents, or even flat out refuse to provide them to you. The lawyers at Our Law Office have extensive experience dealing with trucking companies and we know how to obtain these records and we know how to argue that the records demonstrate negligence on the part of the trucking company.

Pre-Employment Drug and Alcohol Screening

Under federal law, trucking companies must have the driver complete a pre-employment screen for alcohol and drugs before a driver is allowed to operate a tractor-trailer on the highways. The drug screen must be negative and the alcohol test must come back at a consummation level less than .04%. If the driver does not pass the drug and alcohol screens, the trucking company should not allow the driver to perform truck driving duties. In addition to performing the drug and alcohol screenings mentioned above, the trucking companies must also provide their truck drivers with educational materials explaining its policies and procedures about alcohol and controlled substances. While some policies are pretty obvious such as no alcohol or drugs may be used while on duty, some may not be as obvious and should be carefully outlined in the trucking company’s policies and procedures. For example, drivers need to understand which substances prescribed by a doctor are allowed for use on duty and which are not.

If you have been injured in an accident with a tractor-trailer and the driver was found to be under the influence of alcohol or drugs it is extremely important that any pre-employment drug and alcohol screen results are obtained. Not only will this demonstrate whether the trucking company complied with federal law by conducting the tests in the first place, but the results can also demonstrate the trucking company’s knowledge of potential drug or alcohol abuse by its employee. Additionally, the trucking company’s policies concerning drug and alcohol use should be obtained as well. Having these documents will allow your attorney to lay the foundation of your claim surrounding the trucking company’s negligence in complying with the federal trucking laws.

The Pre-Employment Policies Protect The Public

Federal Motor Carrier Safety Administration and the Department of Transportation put laws in place to govern the commercial trucking industry for the safety of the public. These laws and regulations work to prevent accidents and keep us safe from reckless and negligent tractor-trailer drivers and the trucking companies that employ them. Trucking companies have a legal duty to conduct the pre-employment screenings required by the FMCSA and their failures to do so often results in needless preventable accidents and injuries to motorists.

Even when they have clearly violated the federal laws that govern their industry trucking companies will still aggressively defend any claims against them when one of their drivers injures a motorist. They have teams of attorneys looking for any way to minimize their liability and deny you access to the records that help to prove their negligence in failing to conduct the required pre-employment tests on their drivers. You need attorneys on your side that know how to compel the trucking companies and their lawyers to produce this information to help with your claim. Getting these documents as soon as possible after your injury increases the likelihood of their availability for trial. If you have been injured, please call Our Law Office today.

PERSONAL INJURY LAW: Truck accident Attorneys

Our Truck Accident Attorneys fighting for injury victims and their families’ rights since 1982. In the United States, semi-truck accidents are on the rise, and it is innocent drivers on the road, and their passengers, that are becoming victims and suffering the consequences.truck accident attorneys

There are many factors that ultimately contribute to a semi-truck or 18-wheeler accident. There can be varying conditions related to an overloaded or underloaded trailer, driver fatigue, going too fast or too slow, substance abuse, as well as other issues. Furthermore, because semi-trucks have decreased visibility and maneuverability over that of a passenger car, small truck or SUV, these vehicles automatically at a higher risk for a crash than the smaller vehicles they share the road with. More here @ https://caraccidentattorneysa.com/truck-accident-lawyers-san-antonio/

Our law firm has worked with semi-truck accident victims for over 30 years in this special area of litigation. This type of accident is so different from other types of accidents that can happen on the roadways of the country.

Trucking companies are held to high standards by the Federal government and individual state governments. Individual truck companies are held accountable for maintaining limits on the amount of time a driver spends on the road each day and they must perform background checks on anyone who ends up behind the wheel. Furthermore, drivers are subject to random drug testing as well as post-accident drug testing. If a trucking company ever violates the Federal Motor Carrier Safety Regulation Act, there could be cause for litigation in cases of negligence or unsafe driving.

Statistics show that semi-truck accident victims are killed 98% of the time and our law firm has taken it upon themselves to become experts in this area of the law.

For over 30 years our firm has been helping victims and family members of victims who have been injured or killed in a semi-truck accident.

Our law firm is encouraging semi truck accident and injury victims to step forward to learn their rights. Our firm offers free consultations to any person who believes they were injured because of negligence on behalf of a trucking company, truck driver, or truck vehicle manufacturer.truck accident attorneys

It is important to note that the details of a semi-truck accident can vary widely from case to case. It is difficult to determine what a victim could be compensated for without going through a full and thorough legal consultation with a licensed and knowledgeable semi-truck accident attorney at our firm. Therefore, in order to properly determine liability and the viability of a potential case, it is important for any victim who has been injured in an accident involving a semi-truck or large commercial vehicle to call our office immediately.

Call our office to schedule a free consultation or click here: @https://no1-lawyer.com/truck-accident-lawyers-in-midland/

Motorcycle Accident Attorneys – Personal Injury Lawyers

Are you looking for a Texas Motorcycle Accident Attorney? Our firm represents motorcycle crash victims thorough out the state of Texas. Over the past three decades, our personal injury lawyers have represented motorbike riders injured in traffic accidents. Our legal team includes attorneys who are also motorcycle riders themselves.motorcycle accident attorneys

Motorcycle Accident Causes

There were 4,462 Fatal Motorcycle Accidents in the United States in one year alone, according to the National Highway Traffic Safety Administration. Under Texas Civil Code section 1714, drivers are responsible for their own acts and injuries to another caused by his acts. In order to recover damages from another driver who may have caused a motorcycle crash, the injured motorcycle rider must prove the other driver was negligent or did not exercise the same reasonable care any prudent person would exercise under the same or similar circumstances.

There are specific elements that must be proven on a case-by-case basis in court. First, an injured person must prove that the defendant has a legal duty to exercise care toward them. Next, they must prove that the defendant breached that duty and it was the cause of the accident that injured the person. Finally, the injured person must prove they were in fact injured by providing evidence of medical costs and reports from doctors proving the injuries and the extent of those injuries. The total damages to an injured person will include costs to treat them, lost wages or loss of one’s future earnings and pain and suffering in some cases. Motorcycle accident lawyers must conduct an investigation immediately after an accident to:

  • Preserve evidence of the crash
  • Secure photographs of the scene
  • Establish the defendants’ liability for the accident
  • Inspect the motorcycle and safety gear for potential defects
  • Determine if there is a need to hire expert witnesses
  • Recover your medical expenses and lost wages
  • Free Motorcycle Crash Consultation

Most motorcycle crashes result in serious physical injury. If you have suffered injury, or a family member has been killed, call for a confidential consultation with an experienced and caring motorcycle accident attorney. We will give you sound advice and explain all of your options.accident lawyers

How Much Do Our Attorneys Charge?

We offer our services on a contingency fee basis. Personal injury law firms that use this fee structure are able to offer their services to a client without charge unless the law firm obtains a settlement for its client. Once we decide to take you on as a client, we get paid only when we win your case. We charge no up-front fees or costs, no filing fees, or court costs. We get paid when you get paid.

Our motorcycle lawyers are ready to help you if you have been injured. Call for a free consultation to learn more about what our legal team can do to assist you.

Trucks behaving very different to Cars in Traffic

Because of the huge size and weight of semi trucks, they require much more distance to stop than smaller vehicles. A semi tractor trailer traveling at 55 miles per hour requires 400 feet to come to a complete stop. A car traveling at the same speed needs only 225 feet. Additionally, the National Highway Traffic Safety Administration has reported that approximately 30 percent of semi-truck accidents have been affected by a poorly adjusted brake system. Regardless of where you live, if you have been in an accident because of a semi tractor trailer that failed to stop in time, contact a Texas semi tractor trailer accident attorney. We will provide the expert representation you need to help you achieve full compensation for your medical expenses, pain and suffering, lost wages, and damage to your vehicle.

Are semi trucks required to carry insurance?emergency treatment.

The Federal Motor Carriers Association governs certain trucking companies whose trucks travel between states and requires the companies to have at least $750,000 worth of bodily injury and property damage insurance on each truck and driver. However most companies carry $1,000,000 worth auto liability insurance. Trucking companies that are not under federal jurisdiction are typically required by their particular state government to maintain a specified amount of insurance on their trucks and drivers.

What is the best way to deal with a semi-truck company insurer?

You should not deal with semi-truck company insurers. After an accident with a semi truck, insurance companies will try to pay you the least amount possible in a settlement. Contact an attorney and consult with him before accepting any offers from an insurance company. Our attorneys will advise your how to best handle the insurance company.

What happens during an investigation after a truck accident?

After a trucking accident, an investigation will generally be made by police and the trucking company’s insurers in order to gather evidence about the specifics of the crash. However, this evidence rarely helps victims in a court of law. After a trucking accident, you should contact a lawyer as soon as possible. We will perform a thorough investigation of your accident to ensure that an accurate description of the accident may be conveyed in court. We may also do accident reconstruction to ensure that you get the best chance in court.

Insurance companies are not hired to give you the compensation you deserve. They are hired to protect the insurer’s assets. If you need to go to court after the semi tractor trailer accident, it will be crucial to have information from investigators not connected with the truck’s insurance company. Without an accident investigation performed by our experts, evidence that could be crucial to your case may be overlooked or destroyed.

Are multi-trailer trucks more dangerous than single-trailer trucks?

Multi-trailer trucks are definitely more dangerous than single-trailer trucks. Because they carry more weight, these types of vehicles are often more difficult to handle. They also have more connection points between the trailers, which make them vulnerable to swinging out or jackknifing. Experts estimate that these types of multi-trailer semi trucks on average are two to three times more likely to be in an accident than single-trailer semis.

What factors contribute to semi tractor trailer accidents?

A semi tractor trailer can weigh up to 80,000 pounds, whereas an average-size car weighs about 3,000 pounds. The weight disparity between the two vehicles puts a car’s occupants at a huge disadvantage when a collision occurs. The height of a truck also can make it more difficult to control during high winds. An 80,000-pound truck striking a much smaller vehicle even at low speed can result in a devastating crash that leaves the victims with serious injuries.

Semi tractor trailer drivers face stiff deadlines when delivering their freight. Although state and federal government regulations dictate how much time a driver can spend on the road without a break to sleep or rest, trucking companies will often pressure drivers to ignore these very important laws. A tired truck driver is less attentive and more prone to making mistakes. It is estimated that drivers are 77 percent more likely to report falling asleep while driving when they ignore regulations for getting sufficient rest. A driver’s exhaustion is often a contributing factor to tragic accidents in which innocent victims suffer severe injuries or even wrongful death.

Some truck drivers may also be under the influence of drugs or alcohol. In order to stay awake longer, drivers may use methamphetamine or another stimulant. This increases the chances for a semi tractor trailer to be involved in a roadway collision, a rural road accident, or an auto accident.

When should I contact a trucking accident lawyer?

Contact a lawyer immediately after an accident with a semi tractor trailer. The trucking company’s insurers are almost certain to conduct their own investigation after a crash. It is of utmost importance that you contact one of our attorneys as soon as possible. We will investigate your case and help you navigate the complicated legal system.

What if I can’t afford an attorney?

Our law office offers their services on a contingency fee basis. That means we don’t get paid until you obtain compensation for the financial impact and emotional trauma you are forced to suffer as a result of an accident. More information on this website

IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT
IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.