In recent years, collisions between cars and commercial vehicles have been on the rise. Being involved in any accident can be devastating, but when it involves a truck, the damages tend to be more severe.
Furthermore, the process for filing a claim can be more complicated and may cause additional confusion. Since multiple parties can be involved, you may not know who to hold responsible.
Our experienced San Antonio commercial vehicle accident lawyers will guide you through the insurance claim process and potential lawsuit to help you receive the maximum compensation. If you or a loved one have been hurt in a truck accident in Texas, call Zinda Law Group to discuss your case with a San Antonio personal injury lawyer.
Commercial Vehicle Accidents vs. Consumer Car Crashes
Commercial vehicle accidents differ from standard auto collisions between private individuals operating their cars in a few ways. These crashes usually involve a larger vehicle, such as a semi-truck, colliding with an average-sized car, which can result in more severe injuries and vehicle damage.
Trying to receive damages for a commercial vehicle crash claim tends to be more difficult. The company that owns the car will fight to ensure they will not have to compensate you. To make matters worse, there can be multiple parties and insurance companies involved, and their lawyers will work hard to shift the blame off their clients to avoid paying damages.
The employer’s own insurance company may not cover the costs associated with the accident, which means the company becomes responsible for paying out-of-pocket for your damages. You can be certain that the company will fight to ensure they will not have to pay you.
Handling the financial recovery process alone can be stressful. An experienced San Antonio car accident lawyer will help you receive the maximum compensation you are entitled to, whether it is through insurance or having the liable party pay you.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationWhat Is a Commercial Vehicle?
The Federal Motor Carrier Safety Administration has published regulations that define, among other things, what a commercial vehicle is. Under the definition in the regulations, a commercial vehicle is one that’s driven or towed (meaning a trailer), transporting goods or services, and meets one or more of the following criteria:
- It weighs over 10,000 pounds: Either the vehicle weighs 10,000 pounds, or its max operating weight (i.e., when towing cargo) is over 10,000 pounds.
- It’s transporting nine or more people for commercial purposes: If a vehicle carries eight people plus the driver for a commercial purpose, it’s a commercial vehicle.
- It’s transporting more than 15 people for any purpose: even when no one’s getting paid, it’s considered commercial if a vehicle is transporting more than 15 people.
- It’s moving hazardous materials: any size vehicle is commercial if it’s transporting any material the government deems hazardous in quantities that require the vehicle to display a special placard. Even passenger cars can be commercial if they are carrying hazardous materials.
Examples of commercial vehicles include:
- Big rig (18-wheeler) semi-truck
- Delivery truck
- Mail truck
- Furniture delivery truck
- Retail delivery trucks, such as Lowes or Home Depot
- UPS or FedEx truck
- Utility vehicle
- Cable television installation vehicle
- Landscaping vehicle
- Construction vehicle
- Garbage truck
- Street sweeper
- A smart car carrying hazardous material
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationWhat Should I Do After a Commercial Vehicle Accident in San Antonio?
The steps you take after a commercial vehicle crash are nearly identical to those you would take after any traffic accident. What you do after the incident directly impacts the amount you may be entitled to recover on your claim.
If you are involved in a truck accident, follow these steps immediately to protect yourself in the short term and increase the possibility of success on your claim in the long term.
Seek Medical Attention
Immediately after the accident, you should assess your injuries. Then check on the passengers in your vehicle, if any. If anyone is severely injured, call emergency medical services right away.
If you are not treated at the scene, see a doctor immediately. Get your injuries evaluated, even if you believe they are minor. You could have injuries you are unaware of at the time of the crash, which can have severe and long-lasting consequences.
After your medical visit, request documentation of your injuries and treatment from your doctor. These records will help determine the value of your claim.
Report the Accident
Call the police immediately after assessing your injuries; the police should be called regardless of whether an injury is severe or minor. If the injuries are severe, a 911 operator will also send emergency services to the scene. The police will arrive to investigate the accident, and they will file an accident report after their assessment.
Be sure to get a copy of the police report to help determine fault. Your report will typically be available within a few days of the incident. There are a few ways you can get a copy of the report; you can request a copy in person, by mail, by phone, or online through the San Antonio Police Department’s website.
Document the Accident Scene
Next, you should assess the damage to your vehicle. If your car is still operational, and its current position might pose a danger to other drivers, move it to the side of the road. Take pictures of the damage to your vehicle.
Next, take pictures of the other party’s vehicle. Be sure to include photos of company logos, if any are visible. Take pictures of the location of the accident, including the road conditions and any intersections nearby.
In addition to company logos, check for any special placards or signs on the vehicle that may indicate hazardous material is on board. The Federal Motor Carrier Safety Administration’s (FMCSA) website has pictures of what these placards look like and what they mean. This information will be useful for your personal injury attorney when filing your claim.
Speak With Witnesses
Try to speak with anyone at the scene who witnessed the collision. Ask witnesses to give statements to the police for the report. Get the witness’ contact information in case you need more information later.
Exchange Information
Get the contact and insurance information of anyone involved in the crash while you are at the scene. Out of all of the information you gather at the scene, this may be the most important. Without this information, contacting other involved parties after the accident will be harder, making a recovery for a claim more difficult.
Aside from the drivers involved, be sure to get the name of the company that employs the commercial vehicle driver or drivers involved and, if possible, the company’s insurance information.
Contact San Antonio Commercial Vehicle Accident Lawyers Near You
After notifying your insurance company, treating your injuries, filing reports, and documenting the scene, you should contact a San Antonio lawyer as soon as possible; An experienced personal injury who has handled many similar cases can provide sound advice for your case and walk you through the next steps.
You should choose a personal injury attorney with the experience and skill needed to handle your case and a track record of success in pursuing personal injury claims. Zinda Law Group has experience with personal injury claims and an outstanding record of success in handling matters like these for our clients.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationFile a Car Accident Lawsuit Within the Texas Statute of Limitations
If you believe that another’s negligence caused your commercial vehicle accident, contact a Texas injury lawyer right away, for there are time constraints, such as statutes of limitations, involved in civil cases that determine how long you will have to file your claim.
In Texas, the statute of limitations for commercial vehicle accident cases is two years; this means you would have two years from the date of your crash to take legal action.
Your claim is barred if you attempt to file beyond that two-year limit. An experienced personal injury attorney will help you determine when you will need to file and if you are subject to any exceptions to “toll” or delay the statute of limitations. The sooner you seek legal representation, the more time you will have to build a strong case.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationWho Is Liable for a Commercial Vehicle Crash?
What makes commercial vehicle accidents complicated is the possibility of multiple defendants; you will likely be able to sue the vehicle driver or file a claim against their insurance company. If the driver is found to be liable, you may recover costs from the driver and their insurance company.
Aside from the vehicle’s driver, the company that owns and operates the vehicle can also be liable. If you pursue a claim against the company and they are found liable, you may be able to recover the costs associated with your injuries from the employer or its insurance company. This gives you another avenue for recovering damages on your claim beyond that of just the driver.
Depending on the details of your case, the following parties could be liable for the crash:
- Commercial vehicle driver: The driver may be held responsible if their negligence (such as speeding, distracted driving, or violating traffic laws) contributed to the accident.
- Commercial vehicle owner: If the commercial vehicle involved in the accident is owned by a company or individual other than the driver, they may bear liability for the crash, especially if there was negligence in vehicle maintenance, inspections, or ensuring the driver’s qualifications.
- Employing company: In some cases, the company that employs the driver or owns the commercial vehicle can be held liable for the collision. This can occur if they fail to train or supervise the driver properly, encourage unsafe driving practices, or fail to maintain safe operating procedures.
- Vehicle manufacturer or maintenance provider: If a defect in the commercial vehicle or improper maintenance contributed to the accident, the manufacturer or maintenance provider may be held liable for the resulting damages.
- Cargo loading company: If the accident was caused by improper loading, securing, or balancing of the cargo carried by the commercial vehicle, the company responsible for the cargo loading may be liable.
- Government entities: In some cases, government entities responsible for road design, construction, or maintenance may be held liable if their negligence or failure to fulfill their duties contributed to the crash.
- Other drivers: Other motorists who acted negligently and contributed to the accident may also share liability for the damages.
A San Antonio commercial vehicle accident lawyer from our legal team can help identify the at-fault party and pursue compensation on your behalf. We will use all available evidence to build a strong case to prove liability.
Recoverable Damages After a Commercial Vehicle Accident
You might recover the costs associated with your injury through a personal injury claim. The severity of the injury and recovery time directly affects the amount of compensation for a personal injury action. Your injury may leave you unable to work or perform daily tasks, and you might require ongoing medical care and extensive rehabilitative therapy.
You may recover the costs in the form of compensatory damages. An experienced personal injury lawyer can assist you in recovering maximum compensation.
Recoverable damages include both economic and non-economic damages. Economic damages are the actual monetary costs of your injury. Non-economic damages cover the mental and emotional toll the injury has taken on your life and are recovered as compensation for pain and suffering.
The following are common economic and non-economic damages you may be entitled to recover:
- Medical bills: You can recover the cost of medical bills you have paid out of pocket after the collision. This includes doctor’s visits, physical therapy, rehabilitation, and medication. You may also be able to recover any future medical costs necessary for your recovery.
- Lost wages: If you are out of work due to your injury, you may recover what you would have earned from the accident until you can return to work as part of your economic damages.
- Diminished earning capacity: In addition to lost wages, you may recover the loss of earning capacity. Your injuries from the crash may prevent you from returning to your job or working at another job for similar compensation. As a result, you may recover the difference between what you were earning before the accident and what you are earning now.
- Mental anguish: Your non-economic damages include pain and suffering that result from the collision. There are emotional and mental tolls that an accident takes on a person and their family. You may also recover the cost of mental health treatment.
Punitive Damages
Punitive damages are intended to punish the defendant and deter similar conduct in the future. To be eligible, you must demonstrate that the defendant’s conduct was grossly negligent or exhibited a willful disregard for the safety of others. You must prove that the defendant acted with conscious indifference or reckless disregard, substantially exceeding ordinary negligence.
It is crucial to consult a knowledgeable attorney experienced in commercial vehicle accidents in Texas to determine the viability of pursuing punitive damages in a specific case. They will assess the facts, gather evidence, and provide guidance on the potential for pursuing punitive damages and other forms of compensation available under Texas law.
Our San Antonio Commercial Vehicle Accident Lawyers Can Help
We at Zinda Law Group understand the pain and confusion you may feel after being injured in an automobile crash. If you or a loved one have been involved in a commercial vehicle accident, you will want one of our experienced attorneys to navigate the difficult insurance claims process and ensure you are protected.
Our experienced personal injury lawyers will guide you through the often-complex legal system to help file your claim and ensure you receive maximum compensation. We will take care of the legal work so you can focus on yourself and your family during this recovery time. If we do not win your case, you will not pay any fees; this is our no-win, no-fee guarantee.
If you or a loved one has suffered from an injury after a truck crash, call Zinda Law Group today for a free consultation with one of our San Antonio commercial vehicle accident lawyers.
Meetings with attorneys are available by appointment only.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
