Commercial vehicles as this article will refer to it are those that are used in the course and scope of business. For example, construction vehicles, FedEx, UPS, DHL, US Postal Office, delivery trucks, or Metrolink passenger trains would be considered commercial vehicles. Buses and other mass transportation vehicles are also considered commercial vehicles and are often referred to as common carriers.
These oversized trucks often take up an unusually disproportionate amount of space on the roads and combined with the difference in weight and size, an impact with any of these commercial trucks can result in serious injuries and damage to property.
The danger of these larger sized commercial vehicles is that if the drivers are reckless, negligent, or inattentive, they can easily lose control of the vehicle. Depending on the speeds that these vehicles are being driven and the impact with a passenger car, or motorcycle, or pedestrian; such an accident can be deadly.
Do not be overwhelmed, an experienced attorney can represent you and help you along the way to recovery. If you have been involved in a commercial vehicle accident, Joe I. Zaid & Associates are experienced and passionate attorneys that will fight for you.
Commercial Vehicle Insurance Policy
The difference in being involved in an accident with a commercial vehicle is not only the potential devastation because of the size and weight difference between trucks or vans and passenger vehicles, but also the insurance coverage and umbrella policies that may be available to cover the damages. Most trucking companies and commercial insurance policies have a significantly higher policy limit due to the potential dangers they pose.
Such higher insurance policy limits allow your attorney to seek much higher compensation for your injuries as a result of the accident.
Having an experienced commercial vehicle accident law firm help you through these complex and challenging legal issues is the most important decision you can make on your path towards recovery.
While most commercial accidents may involve liability issues, an experienced law firm will have the proper experts who can analyze the accident, the vehicles involved, the accident site, the injuries, and other possible road construction defects that may have contributed to causing the accident.
What Happens After a Commercial Vehicle Accident?
The Texas Department of Public Safety, local sheriff department or local police will prepare a report of the accident. These reports however are inadmissible at trial since the officer does not prepare a formal report of the accident or is not qualified to provide an expert opinion under Texas law.
The commercial vehicle company and its insurance company will typically try and settle the claim quickly to avoid legal liability for the accident.
That is why it is very important to get an attorney right away so that you may gather evidence for your claim before it is lost or altered, or you may lose the ability to win your case.
A legal claim for commercial vehicles can be complicated but with an attorney at your side, it doesn’t have to be. A lawyer can review your case to determine the legal steps to take in order to proceed with your case.
Who is at Fault?
Many commercial vehicle accidents are caused by speeding, distracted drivers, etc. Some accidents are caused by an equipment malfunction.
Various parties that may be at fault for the accident include:
- The driver
- The trucking company
- The cargo company
- The maintenance company
- The manufacturer
The insurance companies from these parties will immediately begin investigating the wreck to try and blame someone else for the accident, potentially the victim.
Do You Have a Personal Injury Case?
In order to have a legal claim against the commercial vehicle company, you need to prove that the driver or the parties involved were negligent or the act was intentional.
If it was intentional you can usually recover damages and may also be able to charge them with the crime.
However, if it was not intentional, you will have to determine if their actions were negligent. Negligence means the party failed to act with reasonable care to the injured.
You also must show that the party breached that duty. As well as their failure to act resulted in your injury.
If the injured is killed, the surviving family members may have a wrongful death case against the commercial vehicle company. This case also needs to be evaluated to determine if the party was legally at fault for the accident.
Be aware that the insurance company will fight hard to prevent you from providing all of the evidence against them.
Injury cases are not easily won. An experienced personal injury attorney will help with evaluating the strengths and weaknesses of your case, the value of your case, and whether you should settle or go to court.
Will You Recover More Money if You Hire an Attorney?
A study conducted by the Insurance Research Council found that injury victims that had a lawyer received more money than those who handled the case on their own.
There is nothing wrong with handling a case on your own. However, the bottom line is that insurance companies will take advantage of you and will try to low ball you for a lesser settlement than you deserve. The less they pay you the more profit they make.
Do not let this happen to you. Seek a competent attorney to help you recover the compensation you deserve so that you can get your life back.
What if You Were Partially at Fault for the Accident?
If the jury finds you partially at fault for the accident the amount you recover will be reduced. If you were more than 50% at fault you will recover nothing.
Speak with an Experienced Attorney
If you have been involved in a commercial vehicle accident you need an experienced attorney at your side. Joe I. Zaid & Associates will handle all the legal issues and fight for your rights so that you can focus on recovery while we recover the compensation you deserve.
Call now at (281) 990-5200 or schedule a free consultation.