Legal Terms Resource

To assist our clients and their comfort level with the vast number of Legal Terms, below is a detailed list comprised of the most utilized terms.

Accident Reconstruction:

Accident Reconstruction is the process of analyzing evidence from an accident, such as skid marks, gouge marks, vehicle damage, and road conditions, to determine how the crash occurred and who is at fault.

Accident Report:

An Accident Report is a formal account of an incident or event that contains information about the parties that were involved and a description of what happened based on an investigation by a police officer.

Act of God:

An Act of God is a natural event that causes severe damage, such as an earthquake, tornado, flooding, or storms, that cannot be prevented by humans.

Affidavit:

An Affidavit is a written statement under oath made before a person who is authorized to administer oaths.

Answer:

An Answer in law is a written response to the accusations or charges in the complaint of the plaintiff filed by a defendant.

Appeal:

An Appeal is a request to a higher (appellate) court to reverse the judgment or ruling of a lower court.

Appearance:

An Appearance is showing up in court in person or through an attorney.

Arbitration:

Arbitration is a legally binding hearing that is held before a neutral party (person or panel of people) who is not a judge that resolves a legal dispute.

Bill of Particulars:

A Bill of Particulars is a legal document that provides a detailed, itemized list of the claims made by the plaintiff in a lawsuit. It often outlines the damages sought in a truck wreck injury case.

Brake Failure:

Brake Failure refers to a malfunction in a truck’s braking system. This can occur due to lack of maintenance, manufacturer defects, or overuse, and often plays a central role in truck wreck cases.

Brief:

A Brief is a written legal argument that uses case law, statutes, legal rules, and the specific facts of a case to explain the reasoning behind the argument.

Cargo Securement Rules:

Cargo Securement Rules are federal regulations that require trucking companies to properly secure loads to prevent shifting or falling cargo that could cause accidents on highways like Loop 820 or I-35W.

Case Law:

Case law is based on the decisions of appellate courts. Appellate courts interpret and apply statutory law to the facts of a case before issuing a decision. Case law is also known as common law.

Chain of Custody:

Chain of Custody refers to the documented process of preserving and maintaining evidence, such as black box data or dashcam footage, to ensure it is not tampered with or lost.

Claim:

A Claim is to make a demand for compensation or an enforceable right that is provided by law.

Commercial Driver’s License (CDL):

A Commercial Driver’s License (CDL) is a professional license that certifies the holder of the license has satisfied the minimum requirements of a state to drive large commercial vehicles and buses on public roadways.

Commercial Motor Vehicle:

A Commercial Motor Vehicle is any vehicle used to transport goods or passengers for profit.

Comparative Fault:

Comparative Fault is a legal doctrine used to determine the percentage of fault for each party in a truck wreck. In Texas, your compensation is reduced by your percentage of fault, but you can still recover damages if you are less than 51% responsible.

Comparative Negligence:

Comparative Negligence is the amount of balanced fault of each of the groups that contributed to the injury.

Complaint:

A Complaint is the original, written claim filed in action which begins the lawsuit. The plaintiff usually files a complaint.

Contributing Factor:

A Contributing Factor is something that partially or fully caused an incident.

Contributory Negligence:

Contributory Negligence is used to describe actions by an injured individual who may have contributed to their own injuries with careless actions or lack of consideration for the circumstance.

Court Costs:

Court Costs fees for the use of the court commonly include the initial filing fee, fees for serving the summons, complaint, and subpoenas, and fees to pay for the transcriptions by a court reporter of in-court hearings, motions, or testimony.

Counterclaim:

A Counterclaim is a claim brought by a defendant against the plaintiff for money or specific actions.

Crossclaim:

A Crossclaim is a claim brought by a defendant against another defendant, or a claim brought by a plaintiff against another plaintiff.

Damages:

Damages are the amount of money that a party seeks in a lawsuit.

Defendant:

The Defendant is the party being sued or accused of wrongdoing in a lawsuit.

Demand:

A Demand is a written request for payment or performance based on a legal right that identifies the basis for the legal right.

Deposition:

A Deposition is an out-of-court proceeding in which a witness provides testimony under oath before trial as part of the pre-trial investigation (discovery).

Direct Evidence:

Direct Evidence is clear or tangible evidence of a fact that does not require an inference to reach a conclusion, such as eyewitness accounts or video proof.

Discovery:

Discovery is the phase of the lawsuit in which the parties exchange information about the witnesses and evidence that could be presented during trial. Commonly used discovery tools include requests for admissions, interrogatories, and depositions.

Electronic Control Module (ECM):

An Electronic Control Module (ECM) is a device in any vehicle or truck that records data about the vehicle’s speed, braking, and engine performance.

Electronic Logging Device (ELD):

An ELD is a device within a commercial vehicle’s tractor that records driving hours.

Federal Motor Carrier Safety Regulations (FMCSR):

The FMCSR are regulations put in place by the Federal Motor Carrier Safety Administration to ensure motor carrier, commercial motor vehicle (CMV), and commercial vehicle driver safety.

Hours of Service (HOS):

Hours of Service (HOS) are federal regulations that limit how long a truck driver can be on the road to reduce fatigue-related accidents. Violations of these rules can lead to liability in truck wreck cases.

Jackknife Accident:

A Jackknife Accident occurs when a truck’s cab and trailer fold into a V-shape, often caused by sudden braking or poor road conditions.

Judgment:

Judgment is the final decision of the court in a lawsuit.

Lawsuit:

A Lawsuit (or suit) is a legal action brought by a party against another that will be decided in court.

Liable or Liability:

Liable or Liability is the legal responsibility to another person for an act or omission that resulted in their injury.

Litigation:

Litigation is the process of taking legal action or filing a lawsuit with a court to resolve a dispute.

Load Shift:

Load Shift refers to the sudden movement of cargo inside a trailer, which can cause the truck to become unbalanced and result in a wreck.

Mediation:

Mediation is a non-binding attempt to resolve a dispute with the help of a neutral 3rd party (the mediator), that attempts to find a range of agreement.

Negligence:

Negligence is a failure to act as a reasonable person would in the same or similar circumstances that results in the injury of another person.

Negligent Hiring:

Negligent Hiring is a legal claim against a trucking company for employing a driver with a history of reckless behavior.

Party:

A Party is a person or company that has an interest in a legal dispute.

Per Diem Compensation:

Per Diem Compensation is the daily allowance a truck driver receives for meals and expenses.

Petition:

A Petition is a written legal document that is a formal request for a court order or action.

Plaintiff:

The Plaintiff is the party who initiates a lawsuit by filing a complaint in a court against a defendant.

Pleadings:

Pleadings are formal documents filed by a litigant in a lawsuit that layout the facts from which legal relief should be granted or challenges the claims of an opposing party.

Post-Accident Testing:

Post-Accident Testing involves drug and alcohol testing required by federal regulations for truck drivers involved in crashes.

Pre-Trip Inspection:

A Pre-Trip Inspection is a thorough inspection of the truck, trailer, and load by a driver before getting on the road to ensure it is safe to operate.

Preventable Accident:

A Preventable Accident is an incident in which a driver did not take every reasonable action to prevent the incident.

Proximate Cause:

Proximate Cause is the legal term that means a cause which, in natural and continuous sequences, produces an event without which cause such event would not have occurred. There may be more than one proximate cause of an event.

Respondent Superior:

A Respondent Superior is a legal rule that holds an employer responsible for the actions of its employee if the employee is acting within the scope of their employment.

Runaway Trailer:

A Runaway Trailer is an incident where the trailer becomes detached or out of control.

Settlement:

A Settlement is an agreement between the parties of a legal dispute that resolves the dispute.

Spoliation of Evidence:

Spoliation of Evidence refers to the destruction or alteration of critical evidence, such as black box data or maintenance logs.

Statutory Law:

Statutory Law is written law that is created by a legislative body.

Telematics:

Telematics are used in the trucking industry to gather data with a combination of GPS technology, sensors, and on-board diagnostics.

Traumatic Brain Injury (TBI):

A Traumatic Brain Injury is the impact from a head injury that results in a diminished or altered state of consciousness that may impair a person physically, mentally, or emotionally.

Underride Collision:

An Underride Collision occurs when a smaller vehicle slides under a truck’s trailer during a crash.

Verdict:

A Verdict is the jury’s findings or factual conclusions based on the evidence presented in a case.

Vicarious Liability:

Vicarious Liability is a legal principle that holds a trucking company responsible for the actions of its employees.

Voir Dire:

Voir Dire is the process in which potential jurors are questioned by either judges or lawyers to determine if they are suitable for a case.

Wheel-Off Accident:

A Wheel-Off Accident occurs when a truck’s wheel becomes detached and causes a crash.
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