In any accident with a commercial vehicle, you are likely eligible to file a claim for compensation that names the operator of the commercial vehicle and other companies. For instance, the trucking accident company, the bus operator and other companies possibly are all liable in your accident claim.
Benefits of Filing a Claim
Filing a claim against a commercial vehicle operator in Dallas enhances your potential for compensation recovery. When you file a car accident with your insurer, you are limited by the amount of coverage you have purchased. However, commercial companies are held to higher standards of driving safety; therefore, courts often see them as more liable when they are involved in an accident with a smaller vehicle, like a car.
Additionally, in a commercial vehicle claim, you may be eligible to name not only the driver of the truck or bus, but also the Dallas commercial trucking company, motor carrier, tour bus company, charter company and other parties involved in operating the commercial vehicle. Including all of these parties in your claim substantially increases the chances of recovering significant compensation for your losses.
Challenges of Filing a Claim in an Accident with a Commercial Vehicle
There are federal rules and regulations that apply to the operation of commercial motor vehicles on our highways. In any accident in Dallas, proving liability will depend on the application of federal regulations and identifying whether the motor vehicle operator in your case violated transportation safety laws. Your attorney must identify these violations to determine liability.
Additionally, recovering evidence in a commercial vehicle accident is challenging, because much of the evidence that you require to file a successful claim is in the possession of the commercial motor vehicle company. For instance, a trucking company may retain driver log books, maintenance records and other information that could prove valuable to your claim. You need to send a spoliation letter to the company asking it to retain all of the evidence that you require to file a claim.
The presence of these challenges is the reason you need expert legal advice when filing a trucking accident claim. If you are still considering whether to file a car accident claim against the trucking company or bus company in your accident, discuss your case with a Dallas truck accident lawyer. Call Julie Johnson at 214-290-8001 to schedule a consultation.