Snellings Law PLLC Attorneys are
Commercial Vehicle Accident Lawyers
Commercial Vehicle Accidents are Complex - Gain Clarity with snellings law
Texas law defines commercial vehicles as motor vehicles that operate on the road for business, instead of personal reasons. Commercial vehicles will transport either products or passengers. As you probably know, commercial vehicles are everywhere! You see plenty on your morning commute: pest control trucks, lawn care trucks, Ubers, Lyfts, Amazon trucks – the list is endless.
When a commercial vehicle causes a wreck, matters get complicated. These cases are hard to navigate due to: the multiple entities involved, insurance policies and standards, liability scenarios, and more. In addition, Texas laws have passed to make it more difficult to hold companies of commercial vehicles responsible when they cause a crash.
Sometimes it is best to get the help of a commercial vehicle accident lawyer to decide how to successfully move forward in your commercial vehicle accident claim. When you need a personal injury lawyer commercial motorists know they can count on, reach out to Snellings Law today. Let us make things as clear as possible, so you know what you are dealing with in your commercial vehicle accident claim.
What are common injuries associated with commercial vehicle accidents?
Commercial vehicle accidents, particularly those involving trucks, frequently result in severe injuries. This is because the forces involved are typically much larger than with regular motor vehicles. Injuries can range from mild to critical, affecting various parts of the body. Common injuries include:
- Traumatic brain injuries: These can result from the sudden and forceful impact typical in truck accidents.
- Spinal cord injuries: Such injuries may lead to temporary or permanent paralysis, significantly impacting a victim’s quality of life.
- Broken bones: The force exerted during an accident can easily break bones.
- Crushing injuries: These occur when part of the body is trapped between two objects, often leading to serious damage to body tissues.
- Amputations: In extreme cases, limbs may be severed during the accident or may need to be surgically removed later due to severe damage.
- Internal injuries: Important organs might be damaged from the impact, leading to internal bleeding and necessitating immediate medical attention.
Understanding these common injuries underscores the severity and potentially life-altering impact of commercial vehicle accidents.
Who might be responsible for a commercial vehicle crash?
In a crash between two regular automobiles, it’s usually easier to pinpoint the at-fault party that caused the crash. With commercial vehicles, it’s not so easy. You might be dealing with multiple defendants, insurance companies, and liability theories, all of which take specific expertise in navigating.
This may also require the assistance of a commercial vehicle accident lawyer. With the commercial vehicle that caused the crash, there are many scenarios for at-fault parties. Some possibilities include the driver, the drivers employer, service companies, or the manufacturing company that made the truck.
Liability complications are a huge reason why consulting a commercial vehicle accident lawyer could be beneficial when starting a commercial vehicle accident claim.
Commercial Service Truck Drivers
With any commercial vehicle, there are safety standards that commercial service truck drivers must follow. Federal regulations and state laws require that commercial vehicle drivers have certain qualifications, get necessary amounts of rest, and keep logs of their time on and off duty. Therefore, it is in the driver’s best interest to follow these rules because when they don’t, they can suffer consequences with their job and potentially with the law.
Most commercial service truck drivers are great drivers. However, the good drivers aren’t the ones you need to watch out for. The commercial vehicle drivers that don’t follow the rules are the people that create trouble and danger for everyone else.
Drivers of certain types of commercial vehicles are required to keep logs of their on- and off-duty activity. Unfortunately, some drivers alter their logs and drive further and longer than they are legally allowed. To safely operate a large, commercial vehicle, drivers need to be rested and alert.
A commercial vehicle accident attorney can help determine the extent of the driver’s liability in a commercial vehicle accident case. Commercial vehicle accident attorneys have the resources to investigate into the driver’s behavior and actions at work. It is important to consult with a personal injury lawyer commercial vehicle drivers can trust, so you can feel confident that there’s time to gather evidence quickly after a crash.
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The "Bad Eggs"
Drowsiness isn’t the only cause of commercial truck wrecks. Distracted driving or driving under the influence can also cause crashes. It’s important to drive defensively around commercial service trucks and other large commercial vehicles because you never know if the driver is one of the “bag eggs.”
It’s important to hold the bad eggs accountable so that fewer commercial vehicle accidents happen. An experienced commercial vehicle accident attorney can help hold reckless commercial vehicle drivers accountable, guide you through your claim, and help you heal from the accident.
Employers
Sometimes, the driver’s company may play a part in a crash. If they didn’t do proper screening or training when hiring the driver or failed to properly supervise them, then they could be faulted for letting an unqualified, poorly trained driver operate a commercial service truck on the road.
Remember how we mentioned that some commercial vehicle drivers will alter logs and drive further and longer than they should? One of the reasons they might do so is pressure from their employer to make more stops or cut delivery times. If that is the case, then the employer might have some fault in causing a wreck.
If the driver’s company owns the vehicle, the employer is also in charge of making sure the vehicle is safe to drive. That means ensuring proper maintenance is kept up on the service truck. If they fail to do so and the crash is caused by a maintenance issue, fault could come back on the employer.
It takes a bit more digging to determine if the employer could be liable. A commercial vehicle accident lawyer will investigate and determine if the employer is at fault. It will be very difficult to even find out if an employer played a role in the crash without consulting a commercial vehicle accident attorney.
Manufacturing Companies
When it comes to preventing commercial vehicle accidents, the role of the truck manufacturer cannot be overstated. Initially, it is the manufacturer’s duty to ensure that the vehicle rolling out of the factory is not just operational but safe. Sometimes, the problem starts with the source. Issues with tires, component parts, or the truck itself can cause wrecks, similar to regular car accidents.
The manufacturers of these parts are responsible for making them correctly so that they operate safely. This responsibility encompasses rigorous testing of design and manufacturing processes to eliminate any flaws or defects that could lead to malfunctions. Faulty construction or the incorporation of substandard parts can severely compromise the safety of the truck, thereby directly contributing to accidents on the road.
If a wreck is caused because a part of the truck malfunctions, the manufacturer could be held liable. Once again, going after the manufacturing company can be difficult, but an experienced personal injury lawyer can help. That’s where Snellings Law comes in. By understanding the immense responsibilities that manufacturers shoulder in ensuring each component of their vehicles is reliable and safe, we can better appreciate the complexities involved in maintaining road safety.
Commercial Service Trucks and Insurance
Commercial vehicles usually have larger insurance policies as many of them are required by law. Additionally, when larger vehicles are involved in crashes, injuries tend to be more severe. While commercial vehicle accidents take a huge toll physically, they also seriously impact victims and their family members emotionally and mentally.
First and foremost, it’s important to see a doctor as soon as possible if you are involved in a wreck. Typically, commercial vehicle accidents yield more complex injuries, leading to more extensive medical treatments. Injuries like TBIs (traumatic brain injuries) might not show symptoms immediately, but the long-term effects can be serious.
As commercial vehicle accident lawyers, we’ve seen the damage that commercial vehicle accidents can do to victims. Insurance adjusters will likely brush the emotional and psychological toll of these accidents under the rug. A commercial vehicle accident lawyer can help develop these damage areas in a way that an adjuster or a jury can understand.
In the event of such an accident, you may be entitled to several types of compensation. Firstly, medical expenses cover a wide range, from emergency transportation and immediate medical care to long-term treatments, surgeries, and medications. It also includes costs for physical adaptations needed at home and any ongoing healthcare services. Typically, an award for medical expenses consists of both past and future medical damages, if future medical treatment is indicated.
Secondly, compensation for lost wages is crucial as the serious nature of your injuries could significantly hamper your ability to work. This includes not just the immediate loss of income but also impacts your future earning potential, which might be compromised. These can be extremely difficult to prove, especially if the injury victim is not a W-2 salaried employee.
The non-economic damages that are recoverable include, physical pain, mental anguish, physical impairment, and disfigurement. Physical pain includes the subjective pain that the injury victim has experienced. Oftentimes, this is show in medical records and through witness testimony. Mental anguish addresses emotional distress you endure. For many clients, these damages can be much worse than even incredibly painful injuries. Proving these can be even more difficult as medical records often don’t reference the victim’s mental health. Next is physical impairment. This damage is often referred to as loss of enjoyment of life. Essentially, it looks at what are the things that you used to be able to do that you can no longer do or no longer enjoy. This could include things like activities of daily living, hobbies, and other areas that skillsets we have and enjoy utilizing. Finally, disfigurement refers to any unwanted changes to our body due to the crash. This would include things like scarring, burns, amputation of limbs, changes to facial features due to fractures or other injuries, as well as other physical modifications.
Understanding and claiming these compensations can be complex, which is why having a knowledgeable lawyer by your side is essential. They ensure that all facets of your suffering, both seen and unseen, are acknowledged and compensated adequately.
Dealing with Insurance Adjusters
While your injuries may diminish the quality of your life, the at-fault’s insurance adjusters will paint the story in a different light. The insurance adjusters will undermine the impact of the crash on your life, with the goal of minimizing their responsibility to you.
Commercial vehicle insurance adjusters are typically savvier than regular automobile insurance adjusters. Commercial adjusters require more training and experience, and tend to be more sophisticated. To effectively defend against slippery adjusters, you need a skilled and experienced commercial vehicle accident attorney. With the right representation, you will blow by insurance adjuster’s traps, ensure the right evidence is collected, and the correct experts are involved.
Bus Crashes
Bus accidents share many of the same complexities as well. There are many laws in place that protect government-regulated and owned buses such as city and school buses. Charter buses, church buses, party buses, and other commercially owned buses are not as heavily protected.
Many bus crashes are caused by driver fatigue and distracted driving, but maintenance or manufacturing issues could also be to blame. Buses are so large that a lot of damage can come from a crash involving one of these vehicles. You should see a doctor immediately if you’ve been involved in a bus crash. You should also consider scheduling a call with an experienced bus attorney that can help you navigate the complexities of your case.
Other Parties that are Liable
Besides driver error, there are other parties that may bear liability for a commercial vehicle accident. In many cases, the at-fault’s insurance company will try to minimize your claim by disputing liability and downplaying your injuries. This highlights the importance of not letting the investigation solely be in the hands of the at-fault insurance company. It is crucial to seek assistance from a commercial vehicle accident attorney promptly after the accident to ensure all responsible parties are held accountable.
For instance, the trucking company is another significant party that often shares in the liability. They are responsible for hiring qualified, experienced drivers and ensuring that their vehicles are safe and well-maintained. If an accident occurs because a driver was not properly vetted or a truck was poorly maintained, the trucking company could be held responsible. Additionally, trucking companies must enforce adherence to safe driving schedules and compliance with federal and state regulations.
The truck manufacturer or component part manufacturers could also be liable if the accident was due to a defect in the vehicle’s design, manufacture or construction. Manufacturers must ensure that their vehicles meet safety standards and are free from defects that could lead to accidents.
The mechanics who service these commercial vehicles also play a crucial role. If a mechanic’s faulty work leads to an accident, they, along with their employer, could be liable for damages. Their responsibility is to carry out their duties proficiently to prevent mechanical failures that could cause accidents.
By understanding the roles and potential liabilities of these parties, a commercial vehicle accident attorney can comprehensively address your case, ensuring that no liable party escapes accountability.
Wrongful Death in Commercial Vehicle Cases
Sometimes, crashes with commercial vehicles lead to the worst outcome – death. No one should have to deal with losing a loved one due to someone else’s negligence. Sadly, crashes leading to a wrongful death claim are too common in Texas. Oftentimes in wrongful death cases, families are so engulfed in grief that dealing with the legal aspects of the case just adds to their stresses.
We know that grief can be debilitating, and at Snellings Law, we take wrongful death cases extremely seriously. Our team of experienced commercial vehicle accident attorneys can help you navigate your case so you can focus on grieving with your family.
How do I prevent a commercial vehicle wreck?
To minimize the chance of getting in a wreck with a commercial service truck, make sure to drive defensively. Make sure the driver can see you when you’re passing them and never pull out in front of or whip around a commercial vehicle.
Protect Yourself
As you can see, commercial service truck wrecks can get complicated. As our area grows, construction and highway traffic increase, causing a higher likelihood of injury from commercial vehicles. If you are injured in a commercial vehicle crash, keep in mind that time is of the essence. With big companies and big vehicles come bigger risks to them.
The at-fault’s insurance company is going to do whatever it can to minimize your claim from the outset. This can include finding ways to dispute liability as well as downplaying your injuries. You don’t want the investigation to be solely in the hands of the at-fault insurance company.
Therefore, it is important to schedule an appointment with a commercial vehicle accident attorney soon after the wreck.
Frequently Asked Questions
Long-term psychological effects can include severe emotional disturbances such as depression, anxiety, and post-traumatic stress disorder. These conditions may persist for months or even years following the accident, significantly affecting the victim’s quality of life.
Victims can seek damages for physical pain, mental anguish, physical impairment, and disfigurement.
Victims can claim compensation for immediate lost wages due to missed work, as well as for the long-term impact on their career trajectory and potential earning capacity, which might be compromised due to their injuries.
Compensation can cover a wide range of medical costs including emergency transport, various types of surgeries and their subsequent care, ongoing consultations with healthcare professionals, medications, equipment needed for physical adaptation, modifications to the home, and ongoing home-based healthcare services.
Accidents can be caused by several manufacturing faults including design flaws, which might overlook safety aspects, manufacturing defects, faulty construction that compromises vehicle integrity, and the use of parts that are either unsafe or do not meet quality standards.
The manufacturing processes of commercial vehicles are intricate and demand precision; any lapses in these processes, such as insufficient attention to detail or substandard practices, can lead to safety issues that may result in accidents.
Truck manufacturers are tasked with the crucial responsibility of delivering vehicles that are inherently safe for use to trucking companies, ensuring that these vehicles are ready to be operated safely on the road.
Trucking companies can contribute to accidents through inadequate hiring, poor maintenance, or by violating safety regulations. Manufacturers might be liable if accidents are caused by vehicle design flaws or defective parts. Mechanics’ errors or negligence in maintenance can also lead to accidents.
The trucking company is responsible for hiring and training competent drivers, maintaining their fleet, and enforcing safe driving schedules and regulations. The truck manufacturer must ensure their vehicles are safe and free from defects. Truck mechanics are accountable for the quality of their repair and maintenance work.
In addition to the driver, liable parties can include the trucking company, the truck manufacturer, and the truck mechanics.
Stop Stressing. Start Recovering
If you are injured in a commercial vehicle crash, remember that your first step should be to ensure your health and safety. Seek immediate medical attention, even if your injuries appear minor, as some symptoms may not be immediately noticeable. Your health is paramount, and having a medical professional assess your condition will also provide essential documentation for any future legal claims.
While you focus on your recovery, it’s crucial to gather necessary information from the scene. Call the law enforcement to report the accident so they can document the scene and create an official report, which will be vital for insurance and legal purposes. Exchange contact and insurance details with all parties involved, including the commercial vehicle driver and their employer. If possible, take photos of the accident scene, the vehicles involved, and your injuries to preserve evidence.
Remember to collect contact information from any witnesses as their accounts could be crucial in supporting your version of events. It’s important to manage all communications carefully. We recommend never providing a recorded statement to any insurance company without first seeking the advice of a personal injury attorney.
It is also important to remember that time is of the essence. Therefore, it is important to schedule an appointment with a commercial vehicle accident attorney soon after the wreck. One of the first things a commercial vehicle accident attorney will do is attempt to preserve evidence. Oftentimes, the evidence will disappear quickly and you can lose vital information.
As commercial vehicle accident attorneys, we take the stress of navigating the case out of your hands so you can focus on healing. We offer free strategy sessions to discuss your case, so give us a call if you’ve been injured or lost a loved one at the hands of an 18-wheeler, bus, tractor-trailer, rock hauler, dump truck, cement truck, or another commercial vehicle.
Throughout your recovery, adhere to your healthcare provider’s recommendations and keep attending all necessary medical appointments. Your health is the number one priority and missing appointments can slow your progress. Also, missed appointments are also a sign to adjusters that you aren’t taking your treatment seriously.
Take the first step towards recovery and schedule a free strategy session with one of our commercial vehicle accident lawyers today.
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