Trucking accident law- self insured

Truck Accident Attorneys – Part Of the Research

Truck Accident Attorneys – Part Of the Research

The Federal Motor Carrier Safety Regulation (FMCSR) requires diligence on the part of a trucking company, not only when it employs a driver, but also after he/she begins operating one of its vehicles. In previous entries, we have discussed mandatory pre-employment background checks which must be conducted by trucking companies.Trucking accident law- self insured

Section 391.25 of the FMCSR requires as well that a trucking company conduct a review of each of its driver’s driving records for the preceding 12 months. A motor carrier must also obtain reports from each of its drivers with a list of all violations of motor vehicle traffic law and citations of which the driver had been convicted and/or forfeited a bond or collateral during the preceding 12 months. More information here

A trucking company must not only obtain such reports of employee/driver accidents or violations but must also analyze these reports to determine whether any of the violations are such that the driver must be disqualified from driving for a period of up to one year. As an example, a disqualifying offense would be driving a trucking rig while under the influence of alcohol.

In addition, a trucking company’s supervision obligations include the duty to monitor the actual hours being logged by its drivers to make sure that they are not operating their rigs more than is allowed by law. The failure to monitor driver logs can be grounds for liability against a trucking company, particularly in situations where a fatigued driver causes a collision.

Thus, among the many duties imposed by the Federal Motor Carrier Safety Regulations, a trucking company must diligently supervise all of the drivers in its employ, not only checking out their background thoroughly before employing them but also during the period of their employ, constantly monitoring their activities to make sure they are in compliance with all applicable safety regulations.

Failure to properly supervise a driver can be an independent basis for liability against a trucking company – as it should be.

The applicable regulation is reprinted below:

Background and character

§391.25 Annual inquiry and review of driving record. (a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, make an inquiry to obtain the motor vehicle record of each driver it employs, covering at least the preceding 12 months, to the appropriate agency of every State in which the driver held a commercial motor vehicle operator’s license or permit during the time period.

(b) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, review the motor vehicle record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to §391.15.Accident Lawyers
(b)(1) The motor carrier must consider any evidence that the driver has violated any applicable Federal Motor Carrier Safety Regulations in this subchapter or Hazardous Materials Regulations (49 CFR chapter I, subchapter C).

(b)(2) The motor carrier must consider the driver’s accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicates that the driver has exhibited a disregard for the safety of the public.

(c) Recordkeeping. (1) A copy of the motor vehicle record required by paragraph (a) of this section shall be maintained in the driver’s qualification file.

(c)(2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) of this section and the date of such review, shall be maintained in the driver’s qualification file. More on this website

accident lawyers - self representation

Personal Injury Law – Should You Represent Yourself

Personal Injury Law – Should You Represent Yourself

Any resident of Texas has the right to self-representation. So you may, if you so choose, handle everything by yourself after a car accident, from conducting your own crash investigation to finding and interviewing witnesses, to filing legal papers, to negotiating a settlement. You may be successful. You probably could change your own car’s oil, do all your own plumbing, and re-tile your own kitchen floor, too. However, you usually don’t. Not because you can’t, but because you will put more effort into it and the risk isn’t worth the reward.accident lawyers - self representation

Know Your Limitations

Lawyers are specialists not only in knowing the laws but in verifying contract verbiage. In the instance of winning a case or judgment, they will check your work to make sure it’s accurate and complete. If you add or subtract a word here or there is a legal contract, the entire award can be compromised. More here

In other words, being a clear victim of a car crash doesn’t automatically give you an upper hand. Being intelligent doesn’t give you an understanding of the appropriate verbiage in a well-written contract. And watching The Good Wife religiously doesn’t qualify you to argue a case in front of a judge or jury. If you make a mistake it can’t be undone and the consequences of doing all this yourself may haunt you for years to come.

Think Long-Term

You must carefully consider the potential outcome of the decision to represent yourself. In most cases, you’ll be at a serious disadvantage. The driver who caused the accident will certainly have hired lawyers – all of whom are well-trained professionals who understand the complex system. They will know how to negotiate and assume that you don’t. They know you have little understanding of how things are actually done and they may throw obstacles in your way. And at some point, even if you determine you need help, you may have done enough damage to your own case that it’s no longer salvageable. More info here

Penny-Wise and Pound-Foolish?

Anyone who represents him or herself in a court of law or in any other legal capacity is acting pro se, or ‘on one’s own behalf.’ Of course, situations exist where it may make sense to act as your own attorney – but not when you’re the victim of a bad car crash. If cash is tight, and you’re trying to conserve, this is one area where the money spent is well worth the reward.

We’re Here to Help

Better yet, most attorneys will work on a contingency basis. A contingent arrangement means that your lawyer gets a percentage of whatever money you receive after the resolution of your case. If you receive no money, your lawyer collects no fees. The size of a contingency fee is usually 30-percent of any recovery. Some cases are straightforward; others can be much more uncertain. Many firms, like our Law Firm, may actually free up cash for you prior to settlement.

Our Law Firm focuses on Texas auto-crash-related litigation. One of our team of dedicated attorneys look forward to providing you with a consultation, advising you of all your rights, and answering any questions that you may have. In that respect, our lawyers are available for a free consultation and specialized representation all hours of the day or night.

personal injury law - boat accidents

Personal Injury Law – Boating Accident Lawyers

Boating and fishing are standard recreational and leisure activities. Unfortunately, every year hundreds of people are seriously injured off our Gulf Coast in serious jet ski accidents, boating accidents, and other watercraft accidents. Boat operator error, boating under the influence (BUI), persons falling between the dock and boat, and other serious boat accidents result in serious personal injuries and wrongful death.personal injury law - boat accidents

Causes of Boat Accidents

There are many causes of a boating accident. Here are some examples:

Overloaded boat that causes the boat to capsize or sink
An engine that is defective or is poorly maintained, leading to fire
Failure to comply with safety regulations
Boating under the influence (BUI) of alcohol, drug, or medication
Boat operator’s normal faculties are impaired
Boat’s electrical system fails
Boat has a defective hull
Boat failed to have life vests for passengers
Boating negligence
Inexperienced operator that leads to poor judgment, navigation decisions, and leading to a boating accident Cape Coral
Collision with other boats or watercraft
Collision with seawall
Collision with dock
On-board injury
Piloting negligence
Navigation error
Poor seamanship
Failure to follow FWC regulations
Failure to follow Coast Guard regulations

Many needless serious injuries and deaths occur because of boat accidents, jet ski accidents, watercraft accidents.

Boating Accident Lawyer

Any injury on or with a boat or personal watercraft like a jet ski is regarded as a boating accident. There are several thousand serious injuries and almost 1,000 persons killed every year as the result of boating accidents.

If you or a loved one has been seriously harmed because of others’ negligence, then contact a boat accident attorney for legal help. At our Law Firm, you will receive personal attention and service from an experienced boat accident lawyer families can trust to be honest and aggressive.

Boat Accident Attorney

A boating accident attorney is simply a personal injury lawyer who has experience with maritime laws (federal common law) stemming from accidents on navigable waters and/or boat accident lawsuits.

Our personal injury law firm uses a Coast Guard consultant for each boating accident case. We find that often times, Coast Guard boating regulations have been compromised or broken.

Most boating accident injury cases are due to boat operator negligence. The operator of a boat or vessel is responsible for exercising reasonable care in preventing injury to others, much as is the case with driving a car.

Contact our Law Firm today to discuss your serious personal injury or family member’s wrongful death resulting from a boating accident.boat accident attorney

Your boat accident lawyer should have experience in federal maritime law, as well as know and apply those parameters along with Coast Guard regulations and FWC regulations (as the circumstances may require) to your boat accident claim.

If you or a loved one has been seriously harmed because of others’ negligence, then contact a boating accident attorney for legal help. At our Law Firm, you will receive personal attention and service from an experienced boating accident lawyer families can trust to be honest and aggressive.

This Blog was posted by No.1 Lawyer – Carabin Shaw Attorneys At Law in El Paso