How FMCSAs Safety Rating System Impacts Liability in Laredo TX Commercial Vehicle Accidents

Trucking accidents in Laredo, Texas, often result in serious injuries because of the size and nature of the vehicles. This is why the law requires commercial drivers to hold a commercial driver’s license (CDL), proving they have the knowledge and skills to safely maneuver large vehicles on the highway. When accidents occur due to negligence, it negatively impacts the hiring company’s safety rating. A lawyer can then use this rating in court to help the court determine liability.

At Carabin Shaw, we spare no effort in accumulating quality evidence that proves a defendant’s negligence in your personal injury lawsuit. Don't wait; call our toll-free number at 800-862-1260 now to schedule your free, comprehensive case review and delve into the specifics of your commercial vehicle claim. Someone is available to speak with you 24/7 in English or Spanish.

Liability in a commercial vehicle accident is different from that in a passenger vehicle accident because it involves the driver AND the owner of the vehicle. This might be a motor carrier company or a business that owns a commercial vehicle for its own use. The court may determine that the driver and the company were negligent in a Laredo commercial vehicle accident.

Texas bifurcates (separates) commercial accident lawsuits if they go to trial. This separates compensatory damages from punitive damages, so the severity of injuries or compassion for the victim does not unjustly influence the judge or jury to increase commercial vehicle accident liability in Texas. However, it is essential to note that a poor safety rating may influence punitive damages, which the court may award at its discretion.

The Federal Motor Carrier Safety Administration (FMCSA) lists its safety ratings by company on its SAFER database. This website contains information that Laredo TX personal injury attorneys and clients can access regarding:

• Cargo type
• Inspections
• Crashes
• Safety rating
• Operating status

Ratings may indicate that a motor carrier complies with safety requirements when the rating is satisfactory. Conditional and unsatisfactory ratings mean that a company is non-compliant with one or more safety regulations.

Safety regulation violations include driver fitness violations, lack of vehicle maintenance, failing inspections, and unsafe driving practices. Your Laredo attorney can argue that motor carriers with poor safety violations are more likely to get into preventable accidents with severe outcomes.

While FMCSA safety ratings do not tell the story of one accident, they can be instrumental for commercial vehicle accident attorneys in telling a story of gross negligence and indicating that a company could have prevented losses. For example, if a company consistently allows drivers to operate over hours of service (HOS) regulations, it knowingly allows fatigued and less-attentive drivers to operate dangerous vehicles.

Victims who sue trucking companies in Laredo, Texas, may receive larger settlements or judgments when a company has a poor safety rating. This is because the company’s reputation is that of a repeat offender or one that operates without proper concern for public safety. The court punishes this behavior with larger awards to deter future recklessness.

The burden of proof in a personal injury lawsuit is based on a preponderance of the evidence rather than the strict burden of proof required in a criminal case. Therefore, a lawyer must use as much evidence as possible to tell the story of a company’s behavior to convince the court to award increased damages. A company’s safety rating plays a significant role in portraying negligence.

The South Texas lawyers at Carabin Shaw will gather the evidence necessary to prove a motor carrier’s liability, and a poor safety rating may be part of this process. You pay nothing upfront – our fees are strictly contingent on winning your case.

Read our client reviews to find out why you should call Carabin Shaw for personal injury compensation. We have English- AND Spanish-speaking staff ready to assist you in beginning your legal journey to compensation after a commercial vehicle accident in Laredo.

For more information:

• Texas Statutes 72
• FMCSA
• Cornell Law