The Bassett Firm
Toll Free : (800)310-9769
Main Phone Number : (214)219-9900
Fax Number : (214)219-9456

Texas Civil Trial Blog

Post Accident Drug Testing and Documentation

Under federal regulation 49 C.F.R. §382.303, drivers of commercial motor vehicles are required to undergo drug ("controlled substance") and alcohol testing following an accident if certain circumstances are involved. Importantly, §382.303 also imposes strict time limits within which drug/alcohol testing must occur, and even prevents testing if the allotted time has passed. Lastly, if alcohol/drug tests were required, but not completed, §382.303 requires documentation of the circumstances that prevented such testing. 

The Effect and Limits of Corporate Representative Testimony

In a variety of litigation contexts, including personal injury litigation, where there is a corporate defendant depositions of a corporate representative have become commonplace. Frequently, these depositions are used to underline the liability of the corporation that is accused of some wrongful act. However, under both the Texas and Federal Rules, the impact and limitations of this form of discovery is frequently obscure.

Collisions & Intoxicants: Admissibility of Evidence Concerning Mental Health and Drug Use

In JBS Carriers, Inc v. Washington, et al., the Texas Supreme Court addressed and clarified two important evidentiary issues in the context of a pedestrian-truck collision: (1) the standard for admissibility of evidence concerning mental health and drug or alcohol use and (2) the standard for evaluating negligent training claims. 

When the Regulators Come A' Callin': How to Survive a DOT Audit

Regulations, Regulations, and more Regulations. Whether its equipment safety, insurance and risk, driver conduct, or any number of other issues, intrastate and interstate motor carriers, whether carrying persons or property, are among the most heavily regulated industries in the country. Title 49, the Transportation Code of the United States, by itself consists of 10 subtitles, 7 of which affect motor carriers, broken down into 1580 Parts, each of which contain hundreds to thousands of discreet sub-parts-and that is just for the Department of Transportation. That does not include other government agencies that impact motor carriers.

Lawsuits for Sale - A Troubling Trend in Civil Litigation

There has always been a question of how a Plaintiff's attorney should fund their costs. For cases pursued purely on a contingency fee, there is usually a trust fund account used. However, an alarming new trend from across the Pacific and Atlantic has made its way to the shores of the United States that defense lawyers (and their clients) should find very troubling; third party litigation funding.

The Bassett Firm

3838 Oak Lawn Avenue
Suite 1300
Dallas, TX 75219

Toll Free: 800-310-9769
Phone: 214-219-9900
Fax: 214-219-9456
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