How Trucking Violations Relate to a Case
Gathering evidence in a truck accident case is crucial for recovering compensation for damages. In fact, trucking industry violations often provide evidence of the underlying cause of an accident. At the very least, violations might have contributed to causing an accident.
What types of violations might apply in a case?
An out-of-service order temporarily suspends a driver from driving a commercial vehicle. Violations are what determine the suspension.
Some of the top truck drivers’ violations in 2019 included:
- Speeding (128,577 violations)
- Driving without a valid medical certificate (87,206 violations) (12.8% out-of-service orders)
- Operating the vehicle beyond the 11-hour driving limit (11,246 violations) (25.2% out-of-service orders )
- Operating the vehicle beyond the 14-hour duty period (15,345 violations) (32.1% out-of-service orders)
- Driving with a suspended CDL (10,642 violations) (89.8% out-of-service orders)
Ways of gathering evidence in a truck accident case
The way we handle a truck accident case involves sending a demand letter to the trucking company to preserve physical evidence. This includes preserving the truck. Our expert will inspect the truck and download electronic data for review.
In addition, our firm will request the company preserve all potential sources of evidence, including:
- Cell phones
- Cell phone data
- Written witness statements
- Log books
- Service time records
- Dispatch records
- Truck maintenance records
- Accident reporting records
- Hiring and employment records of the driver
- Electronic data (ECM, PCM and GPS data)
- Video or audio recordings
- Information relating to the use of cell phones or communication devices
As you can see, a thorough investigation can gather valuable evidence for a case. What’re more, proving the truck driver’s percentage of fault is key to winning cases and arriving at fair settlements.
Get legal help
Hiring an experienced lawyer is vital for devising an effective legal strategy. With the Law Office of Michael R. De La Paz, you’re in good hands. We bring decades of experience to every case. Our firm represents clients in Texas counties all over the state including Nueces, Hidalgo, Cameron and others.
Arrange a free consultation to discuss your accident and injuries. Our fees are based on contingency—meaning there are no fees unless we win or settle your case.