When Can I Sue for a Parking Lot Injury?

Friday, July 23, 2021

Parking lots are the scenes of a variety of harmful personal injuries in Texas every day. Customers may suffer slip, trip, and fall in public or private parking lots, as well as be victims of car accidents, physical assault, or theft. Never assume that because you aren’t inside of a store you don’t have the right to sue a property owner for parking lot injuries. Many parking lot injuries are preventable and are therefore the liability of negligent property owners. To learn when you can sue for a parking lot injury in Dallas, work with a local personal injury attorney. Here are a few basic examples of when an injured party can sue.

Slips, Trips, and Falls

Slip, trip, and fall accidents injure thousands of people every year. People suffer serious injuries in slip and fall accidents in parking lots, such as broken bones, concussions, and head and brain injuries. Knowing when the property owner is legally responsible for your parking lot slip, trip, or fall injury can help you know when to file a personal injury claim. An icy parking lot, rough patch of grass, or uneven curb is only grounds for a lawsuit if the property owner knew or reasonably should have known about the dangerous issue but did nothing to prevent injury.

The Texas courts may hold property owners liable for accidents and injuries that occur on a property if proper care would have prevented the injury. For example, say a woman trips on an uneven sidewalk walking from the parking lot into the store and breaks her hip. If the owner of a grocery store should have noticed the dangerously uneven curb with proper routine maintenance checks, the courts may hold him or her liable for the woman’s injuries. In this example, the woman was an invitee to the property and the owner owed her the highest standard of care – including checking for and repairing unknown hazards. The woman would have to prove that a prudent property owner would have noticed the hazard and repaired or warned customers of it in the same circumstances.

Auto Collisions

If you get into a car accident in a parking lot, you may have a case against the property owner. If you suffered a personal injury such as whiplash or expensive property damage, a case against the other driver or parking lot owner may be worthwhile. The courts may hold a property owner responsible for parking lot collisions if the parking lot was in a state of disrepair or had known dangers that contributed to the accident, such as a downed light pole or inadequate/confusing signage. If the parking lot owner knew or should have known about car accident hazards and didn’t do anything to prevent a collision, an accident may be his or her responsibility.

Security Issues

Premises liability laws also encompass a property’s security measures. If the owner of a property has reason to believe there is a need for security measures such as a security guard, cameras, or extra lighting to prevent physical assaults and theft but fails to incorporate such measures, resulting in injury, the courts may find the owner guilty of negligence. A property owner may know of a security concern if the neighborhood has a high crime rate, if the previous owner had security problems, or if issues have occurred on the property previously.

Failing to make a parking lot as secure as the circumstances warrant is a form of property owner negligence that can result in serious physical, mental, and financial harm to property visitors. If you suffer as a result, speak to a personal injury attorney, file your claim, and prove your claim in the Dallas civil court system.

Posted by admin at 9:51 pm

How Truck Drivers Cheat On Their Logbooks

Sunday, July 11, 2021

The Federal Motor Carrier Safety Administration (FMCSA) has hundreds of rules in place to improve the safety of the commercial trucking industry. One such rule is that all truck drivers must keep daily logbooks that record duty statuses, operations, and other information. Section 395.8 requires electronic logging devices (ELDs) in most commercial trucks. It is shocking how often truckers and companies disobey this rule and “cheat” on their logbooks to cover up inappropriate or dangerous behaviors. Safety violations and abuses of the federal regulatory process can quickly lead to tragic accidents in Texas.

Why Do Truckers Cheat the Logbook System?

Drowsy truck driving is a major problem on Texas’s roadways. It is impossible for drivers to operate a truck safely when they are tired or even falling asleep. Truckers are especially at risk for drowsy driving because of long hours on the road, pressure from bosses to meet deadlines, and being alone in the cab. The FMCSA strives to reduce this dangerous behavior with the ELD and hours of service rules. Unfortunately, drivers who lie about their daily activities easily circumvent these laws. Here are a few possible ways to cheat the system:

  1. Create fake logbooks. Some truckers and trucking companies still falsify their logs, though this problem is diminishing thanks to the ELD requirement. They create logs with made-up information to present to authorities in the event of inspections, but they do not actually fill them out daily, as they should by law.
  2. Lie about information. Drivers may create duplicate logbooks, so that they may have one “good” one on hand in the event of an unexpected inspection. They may also fill out logs much later than required to cover up hours of service regulation violations or fill out the book with dishonest information.

Truck drivers may lie on their logbooks to drive past their hours of service regulations or break other FMCSA rules. They do this to meet deadlines, receive fast delivery bonuses, and get home to their families faster. Unfortunately, broken rules greatly increase the risk of accidents. There is a reason the FMCSA requires daily activity logging – to prevent truckers from breaking the rules. Entries should be current, accurate, and truthful, not falsified for the trucker’s personal gain.

Logbooks and Personal Injury Claims

Daily logbooks can serve as hard evidence of a truck driver’s negligence in truck-related personal injury claims. Acquiring a driver’s logbook or ELD records is an important step in the investigation phase of any truck accident. This document can show proof of a driver breaking the FMCSA’s rules by disobeying hours of service or other regulations. If a driver falsified the books, a thorough investigative team may be able to catch the driver cheating – also proving negligence.

If a truck driver caused a serious accident or wrongful death, atruck accident attorney in San Antonio can most likely discover whether he or she cheated on the logbooks. This may take comparing the book with shipping documents and black-box data from the truck itself. Unexpected inspections and electronic logs can also uncover truckers cheating the system. Seek help from a lawyer after an accident in which you suspect a trucker broke an FMCSA safety rule. Analyzing the logbooks and checking for cheating may be necessary to prove your case.

Posted by Aaron Herbert at 10:04 pm