A commercial vehicle accident is not like other vehicle accidents. Beyond the significant damage they can cause, they also tend to be complex from a liability perspective. The work that goes into preparing a viable claim is often extensive.
In many cases, these accidents also involve federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA). Trucking companies, bus companies, and other employers of commercial drivers are typically subject to these regulations, and failing to adhere to them could make them liable for an accident.
No two accidents are the same. Who bears responsibility for an accident depends on whose negligence directly or indirectly caused it. Multiple parties may even share responsibility.
Here, we’ll discuss the claims process, identify potential liable parties and how we’ll prove their liability, and make sure you’re aware of the statute of limitations on commercial vehicle accident lawsuits.
At Patrick Daniel Law, we’re here to help. Our approach is Strategic. Meticulous. Merciless. We provide accident victims with the representation they need and deserve, protecting their rights and pursuing compensation from the party or parties responsible.
Call (713) 999-6666 to speak with our team and schedule your FREE consultation. Our Houston commercial vehicle accident attorney represents clients throughout Texas.
What Happens If a Commercial Vehicle Hits Your Car?
Some commercial vehicles, like fully loaded semi-trucks, can weigh as much as 80,000 pounds, while smaller passenger vehicles typically weigh less than 5,000 pounds. The startling difference in size can cause serious damage, even in low-speed collisions. Some may result in life-altering injuries that require extensive medical treatment.
Medical bills, lost wages, and other injury-related expenses can add up quickly. When this happens, the trucking company and its insurer will typically go on the defensive fast, launching an investigation to look for excuses to deny liability and minimize payouts. While you’re focused on tending to your injuries, they’re already working to avoid responsibility.
Here are a few things to keep in mind:
- Seek medical treatment immediately after an accident and follow through with your healthcare provider’s treatment plans.
- Keep detailed records of everything related to the accident, particularly regarding your treatment.
- Never admit fault or say anything that could be interpreted as an admission.
- Never provide a recorded statement to the other party’s insurance company or give them access to your medical records.
The best way to avoid making a harmful misstep is to work with an experienced commercial vehicle accident lawyer. They can deal directly with the insurance company and fight to make sure you’re asking for everything you need.
Read More: What To Do After a Commercial Vehicle Accident
Who’s Liable for a Commercial Vehicle Accident?
When a crash occurs, the driver is often the first party scrutinized. To be sure, commercial vehicle drivers can be held liable for a variety of negligent actions, including:
- Speeding
- Distracted driving
- Driving under the influence
- Drowsy driving
However, the driver is far from the only party who could be held responsible. Other potentially liable parties could include:
- Employers
- Vehicle or parts manufacturers
- Mechanics
- Cargo loading companies
Each party has a duty to help keep others on the road safe. For example, if a loading company fails to properly secure a commercial vehicle’s load and that load breaks free, leading to a crash, the loading company could be liable for the resulting damages.
Employers, as another example, are typically required to screen and train their drivers properly. If a company hires a driver with a known history of DUIs, they could be held liable for negligent hiring practices.
Regardless of who is ultimately responsible, determining liability is one of the most critical steps in building a strong claim.
How Do You Prove Liability?
Proving fault generally comes down to a few key factors, including:
- The strength of the evidence we can gather
- Whether there are witnesses we can interview
- Testimony from subject matter experts
The particulars of what this will look like depend on what caused the accident. For example, if faulty equipment is to blame, proof of the defect and expert testimony from a mechanic or parts specialist could be critical.
On the other hand, if the trucking company routinely forced drivers to stay on the road longer than legally allowed under FMCSA regulations, internal records and witnesses with knowledge of company practices could be key.
Proving fault in an accident must be handled on a case-by-case basis, ideally by a Houston commercial vehicle crash lawyer who knows what they’re doing.
How Do You Seek Damages After a Commercial Vehicle Accident?
After establishing who’s responsible and calculating compensation, the primary way to seek damages is to file a claim and negotiate with the insurance company. This may be the quickest and least risky way to recover compensation, but insurance companies don’t always negotiate in good faith. Even if they accept responsibility, they may still refuse to agree on a fair settlement.
In these situations, the best decision may be to file a commercial vehicle accident lawsuit and take the case to court. While this could extend the timeline and add uncertainty, if your case is strong, it may be the best way to recover the compensation you deserve.
How Much Time Do You Have To File a Claim In Texas?
For personal injury claims in Texas, you typically have two years from the date of the accident to file a lawsuit. This is called the statute of limitations.
If you attempt to file a commercial vehicle accident lawsuit after the 2-year deadline, your case will likely be thrown out. You could end up without any compensation for your medical bills, lost wages, and more.
This is why it is so important to act swiftly. Even if 2 years sounds like more than enough time, it’s important to remember that as time goes by:
- Evidence can become damaged or lost
- Witnesses can become harder to identify and locate
- The link between the accident and your diagnosis and treatment can be harder to establish
- You will have less time to build a strong case and negotiate with the insurance company
Don’t delay. Get in touch with a commercial vehicle accident attorney as soon as possible to begin the process.
What Makes Patrick Daniel Law the Right Firm for You?
At Patrick Daniel Law, we have considerable experience representing accident victims. Our approach is:
- Strategic: We start with a results-oriented plan that puts you in the best possible position to recover just compensation.
- Meticulous: Details matter in complex cases. Seemingly minor facts or pieces of evidence have the potential to make or break your claim, which is why we are persistent and precise.
- Merciless: The other party’s insurance company will do everything they can to deny or limit your compensation. We even the playing field and apply the same pressure in return.
Our approach and our track record of results make us a powerful advocate for injured accident victims across the great state of Texas.
Contact Our Commercial Vehicle Accident Lawyer Today!
Getting started with Patrick Daniel Law is simple. We provide FREE consultations with no obligations. If you’ve been injured in a commercial vehicle accident, contact us today to discuss your claim’s viability and your legal options.
