A commercial truck is only as safe as the parts and components that allow it to run. If any part or piece of equipment falls into a state of disrepair, this can compromise the overall safety of the big rig and ultimately cause deadly truck accidents. If you believe that a part breakdown related to inadequate equipment maintenance or inspections caused your truck accident in Dallas, Texas, contact us for a free consultation. You may be entitled to financial compensation for your losses. We can help you determine if you have a legal claim.
Why You Should Hire a Truck Accident Attorney in Dallas
Truck accident cases are known to be difficult and confusing for injured victims. It is not easy to go up against a large and powerful trucking company or its insurance representative on your own. Hiring a lawyer, however, can allow you to build a stronger claim and go up against any party in pursuit of justice and fair financial compensation. Your lawyer can investigate your truck accident, search for evidence of inadequate equipment maintenance and negotiate for maximum compensation on your behalf. An attorney will skillfully handle your legal claim while you focus on healing.
What Are the Legal Truck Inspection, Maintenance and Repair Requirements?
According to the Federal Motor Carrier Safety Administration’s Unsafe Operations Law, Section 396.7, it is against the law for the owner of a commercial motor vehicle to allow it to fall into a state of disrepair or a condition that will likely cause an accident or a breakdown of the vehicle. The law states that all motor carriers must regularly inspect, repair and maintain all motor vehicles subject to their control. They must ensure that all equipment, parts and accessories are in proper working order at all times. Any action or failure to act that falls short of this legal obligation can be viewed as negligence in a personal injury claim.
Evidence Used in Inadequate Equipment Maintenance/Inspection Cases
If you believe that a trucking company or owner/operator was negligent in fulfilling the required truck equipment regulations, and that this is what caused your Dallas truck accident, you may be eligible for financial compensation. It is up to you or your truck accident lawyer to prove that what you are claiming is more likely to be true than not true. This is called a preponderance of the evidence, and it is the burden of proof in a personal injury or wrongful death case in Texas.
Your lawyer may be able to use evidence such as the following to support your injury claim:
- Photographs of the broken or defective part
- Truck and fleet vehicle inspection records
- Truck driver’s daily inspection logs
- The truck’s black box or data recorders
- The trucking company’s maintenance and repair records
- Recommendations and diagnoses by truck mechanics
- The company’s history of truck breakdowns and accidents
- The police accident report and eyewitness statements
The negligent failure to properly inspect, maintain and repair truck equipment can create significant crash hazards. Common examples include worn-out tires and tire blowouts, brake failure, steering issues, electrical problems, missing reflectors or underride guards, and engine failure. If the owner of a truck reasonably should have done more to maintain and inspect its equipment, that party may be financially responsible (liable) for your related accident and injuries in Texas.
Contact a Dallas Inadequate Maintenance/Inspection of Equipment Lawyer
If you were injured or a loved one was killed in a truck accident involving the inadequate maintenance or inspection of equipment, contact The Law Firm of Aaron A. Herbert, P.C. to arrange a free case evaluation. If you have grounds for a lawsuit or insurance claim, we can help you fill out and file the necessary paperwork to pursue maximum financial compensation. We will be here for you and your family throughout the recovery process. Call (214) 200-4878 or contact us online to reach our Dallas law office.
Aaron A. Herbert
Founding Attorney
Aaron A. Herbert is a Texas attorney, Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
For over a decade he has shown an unwavering commitment to clients who were seriously injured by major accidents and industrial catastrophes. During that time he has earned the reputation as one of America’s most aggressive trial lawyers by achieving noteworthy recoveries from judges and juries, as well as substantial settlements prior to trial, the majority of which contained negotiated confidentiality agreements at the request of the defense. When asked about these cases, Mr. Herbert has said that each case not only justified the recovery level, but that no one would trade places with any one of these victims in return for any amount of money, once they know the facts and severity of the injuries and tragedy involved. According to Mr. Herbert, “there can be no substitute for passion, preparation and persistence in the practice of law”. He is known not only for this tenacious preparation, but also for his imagination in the courtroom. He is passionate and persistent in seeking to obtain the maximum case value for each individual client at trial or through settlement, while reducing the stress of litigation on his clients. Born and raised in Dallas, Texas, Mr. Herbert enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. After the Marines, he obtained a Bachelor of Science in Criminal Justice from Texas A&M University, then a Juris Doctorate from the University of Oklahoma College of Law. There he graduated in the top of his class and became an eternal Sooners Football fan. Aaron has worked as a zealous advocate for injured clients at several boutique personal injury litigation firms where he amassed numerous jury verdicts. After spending a year as the top earning litigation attorney at a firm that frequently tops verdict search as one with the highest number of trial wins in Texas, Aaron accepted a position as a the managing pre-litigation attorney at another Dallas personal injury firm. Over the next seven years he transitioned to the managing litigation attorney, and that firm grew to one of the largest personal injury firms in Dallas. In 2010 he formed the Law Firm of Aaron A. Herbert, to get back to a focus on developing each individual case and maximizing case value for each client. Mr. Herbert practices law with the belief that a well taken care of, highly engaged and motivated team of employees working in a cooperative team environment will result in superior representation and great results for the firm clients. He believes in always setting a goal of achieving the best possible results for each and every client.
Education
Texas A&M University (B.S. Criminal Justice, 1999)
University of Oklahoma College of Law (J.D., 2002)
Professional Associations
Licensed to practice in Texas (2002)
Board Certified in Personal Injury Trial Law – Texas Board of Legal Specialization (2008)
Member
State Bar of Texas
American Bar Association
American Trial Lawyer Association
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Dallas County Bar Association
Tarrant County Bar Association
Million Dollar Advocates Forum
Nation Trial Lawyers – Top 100 Trial Lawyers
Publications
Litigating Dog Bite Cases, Texas Dog Law Seminar, Dallas 2009