Crashes involving commercial vehicles, like tractor-trailers, dump trucks, company vans or trucks, delivery vehicles, or buses, can cause debilitating or fatal injuries. If you were injured or your loved one was killed in a collision, an experienced and accomplished Texas commercial vehicle accident lawyer will protect your rights.
At our law firm, we put our experience and resources to work for you and your family to fight for justice. Company-owned vehicles have massive insurance corporations defending them. They will pull out all the stops to avoid liability and blame you for the accident. However, you don’t have to face them alone. We’ll help you navigate the claims and lawsuit process.
Our Attorneys Win Results in Commercial Vehicle Cases
Handling injury claims after a commercial vehicle crash involves taking on the big guns, massive corporations willing to pay whatever it takes to defend themselves. However, you do not have to fight this battle alone.
Here are some collision claim settlement examples our experienced lawyers have secured for our clients:
- $9 million for a child who suffered a traumatic brain injury (TBI)
- $8.75 million settlement for an 18-wheeler accident where the driver was asleep at the wheel
- $5 million jury verdict for an injured pedestrian
- $3 million for a motorcycle collision
- $1 million for an injury victim with a lumbar fracture, non-paraplegia
While we cannot guarantee you will receive the same settlements as these past clients, our experience and past results against large insurance companies will give you and your family the best shot at a successful settlement or jury verdict.
What Commercial Vehicle Collision Losses Are Available to Recover?
Your compensatory damages will depend on several factors, such as the severity of your injuries and the extent of your recovery.
In some cases where the defendant showed extreme negligence (known as “gross negligence”), punitive damages may also be awarded. Also, if you lost a loved one in a fatal collision, you may file a wrongful death claim for compensation.
These examples are only a small sample of damages you could seek after a crash with a company-owned vehicle. In addition, you can talk with a commercial vehicle lawyer about how your injuries impacted your life.
Our experienced truck accident attorneys might discover additional types of compensation we could pursue on your behalf.
Economic and Non-Economic Damages
Compensatory damages are a form of monetary compensation awarded to the victim to cover the expenses and losses incurred due to the accident.
These are designed to make the victim whole again by reimbursing them for medical bills, lost wages, property damage, and other out-of-pocket expenses related to the crash.
Compensatory damages can be either economic (tangible losses) or non-economic (intangible losses such as pain and suffering).
Economic Damages
Economic damages address the actual physical losses due to the crash, including:
- Medical expenses: This category encompasses all medical bills related to treating your injuries. You can recover compensation for minor items such as whiplash treatment or more serious expenses such as surgery for broken bones, lifecare expenses for paraplegia or expenses incurred after a traumatic brain injury.
- Lost wages: These could be part of your compensation if you were not paid your regular income while recuperating. Because commercial vehicle accidents can lead to catastrophic injuries, you could be out of work for a long period or have lifetime limitations on how much and what kind of work you can do.
- Property damage: This compensation can include repairing or replacing a vehicle or other personal property damaged in the crash. In some cases, the victim may also be entitled to compensation for loss of use of their vehicle or property while it is being repaired.
Non-Economic Damages
Non-economic damages address a different aspect of your losses, the accident’s psychological and social impact. Thus, intangible losses are harder to convert to a dollar amount due to their personal nature. However, a personal injury lawyer can help you recover:
- Disfigurement: Beyond the pain, disfigurement and scarring can impact different areas of your life, including your social interactions, self-confidence, and career.
- Loss of enjoyment of life: Severe injuries can influence the quality of your life. Loss of enjoyment can arise from no longer being able to engage in activities that previously brought you joy, like social activities or personal hobbies. If your injuries cause you impairment or disability, this can drastically affect your enjoyment of life and we can recover the substantial money necessary to recognize this loss.
- Pain and suffering: The physical pain and emotional anguish experienced after a crash can become overwhelming. Victims may also experience psychological conditions like post-traumatic stress disorder (PTSD) and anxiety.
Surviving a collision with a commercial truck can be life-changing. Our experienced attorneys can help you document the full spectrum of your losses.
Our lawyers will help you recover monetary and non-economic damages from all responsible parties. In addition, we provide innovative strategies and professional legal advice to ensure you receive fair compensation.
Punitive Damages
These exemplary damages punish the defendant instead of compensating the victim. Unlike compensatory damages, they are awarded in cases where the liable party showed extremely negligent behavior known as “gross negligence” in Texas
Some states, including Texas, set a cap on punitive damages. Thus, according to the law, these damages may go no higher than actual economic damages plus intangible damages up to $750,000 or $200,000. Whichever of these is greater will apply to your case.
An experienced truck accident lawyer can review your case and determine if you are eligible for exemplary damages. We will present clear and convincing evidence to prove that the defendant acted with malice, fraud, or gross negligence.
Wrongful Death Compensation
Wrongful death compensation could be available if your close relative did not survive their injuries from a commercial vehicle accident. Wrongful death damages can include:
- Mental Anguish and Loss of Companionship: Pain and suffering refer to the physical and emotional distress caused by the loss of a loved one, such as pain, discomfort, anxiety, depression, loss of enjoyment of life, and other types of mental anguish.
- Funeral and burial costs: Funeral and burial costs can be a major financial burden for families who have lost a loved one in a commercial vehicle accident. In Texas, the law allows for the recovery of funeral and burial costs as part of a wrongful death claim. The at-fault party’s insurance company typically pays these costs. Still, a wrongful death lawsuit may be necessary if there is no insurance or if the policy limits are insufficient to cover the costs.
- Lost wages: If the deceased was employed at the time of their death, their family could recover lost wages from the at-fault party. This includes any future income that would have been earned had the victim survived.
- Loss of Household Services and other economic losses: A wrongful death caused by a commercial vehicle accident does not just cause losses from earnings, but spouses, parents, and children provide valuable services for their household that Texas wrongful death law recognizes.
- Pain and Suffering: After suffering severe injuries in a commercial vehicle wreck, a person may endure pain and suffering before succumbing to their fatal injuries.
Under Tex. Civ. Prac. & Rem. Code § 71.004, the deceased victim’s surviving spouse, parents, and children may file a wrongful death suit in the civil court.
If a large trucking company or other corporation was responsible for your family’s loss, we recommend seeking immediate legal counsel. The other party will not hesitate to take advantage of your vulnerable state and try to evade responsibility. Our wrongful death lawyers can help protect your right to recover.
Who Can Be Liable for a Texas Commercial Vehicle Accident?
In Texas, anyone involved in a commercial vehicle accident could be liable for injuries and damages. This includes the driver, employer, and other parties responsible for the crash, such as a manufacturer.
These parties may be responsible for providing financial compensation to cover your accident-related losses. Our personal injury attorneys will find all parties liable for your case and help you pursue a fair award.
The Trucking Company or Driver
Federal regulations limit the number of hours that commercial carriers can operate. Therefore, drivers must take mandated rest breaks after a certain number of hours behind the wheel. When drivers violate these laws, they may experience driver fatigue and cause a collision.
The driver and trucking company are legally responsible when violating safety regulations or any other negligence causes a crash.
The Employer
The commercial driver’s employer is liable for their employee’s negligence as long as it occurred while the employee was working or using a company vehicle.
The employer will also be responsible if they pressure the driver to violate the hours of service regulations, break the speed limit, or engage in other unsafe driving practices.
Other At-Fault Parties
Other parties can also be held accountable for causing a collision with a commercial vehicle. Our legal team will investigate the crash in-depth to identify all the liable parties.
For example, the manufacturer of a defective motor vehicle part, like the tires, could face liability if that part fails and leads to an accident or if a roadway construction company fails to place warning signs and traffic barriers properly.
What We Do for Your Commercial Car Accident Case
Our lawyers have extensive experience handling all types of commercial vehicle accident cases. Whether you have been involved in a car, truck, or motorcycle collision, we can help provide the best possible legal representation for your needs.
We understand the intricacies and complexities of accidents and will work diligently to maximize your compensation for your losses. Our legal team is dedicated to pursuing the optimal outcome for each client and will take the time to explore options tailored to your specific needs.
When you become our client, you can focus on recuperating from your injuries and rebuilding your life. You can rest assured that we are on the case, fighting your battles for you.
Gather and Analyze Evidence
A truck accident attorney will assess your case by gathering and reviewing evidence from the crash scene, speaking with witnesses, collecting medical records, reviewing police reports and insurance policies, and understanding how the law applies to your situation. Our experienced attorneys may rely on the following to strengthen your case:
- Police reports: This document can provide important information, including statements from drivers and witnesses and a reconstruction of how the accident occurred.
- Witness statements: Testimonies can be critical in establishing who was at fault in a car crash. Furthermore, your friends and family can testify how the crash changed your life and daily interactions.
- Photos and videos: Crash scene photos, videos, and vehicle damage can be used to determine the accident cause and the liable party.
- Expert opinions: An accident reconstruction expert may be consulted to analyze the evidence and provide an opinion on who was at fault.
- Medical records: Medical records can be used to show the extent of your injuries and help establish fault by demonstrating who caused the injuries.
- Computer and Electronic Data: Many commercial vehicle engines have a “black box” that stores important information like speed and braking, and this data will disappear if not downloaded quickly. Video cameras showing the driver’s view and even the driver are becoming more commonplace in company trucks, and actual computers are often in the cab of a tractor-trailer, company truck, or delivery van which can cause distractions as well as cell phone use.
It is critical to contact a Texas commercial vehicle accident attorney quickly so this material can be secured and downloaded before it vanishes or is erased. We will use all this data to build your case for recovery. While the process can be complicated and time-consuming, having legal counsel will give you a considerable advantage, as we can handle all aspects of your case.
Identify the At-Fault Party or Parties
Our commercial vehicle accident lawyers in Texas will quickly investigate what happened to identify all those at fault. Sometimes, we can take legal action against more than one party if there are multiple causes of the wreck.
With our legal knowledge and experience, our lawyers can ensure that identifying the at-fault party is thorough, fair, and accurate. We will fight for all our clients to receive the compensation they deserve.
Prepare Your Case for Trial and Negotiate for a Fair Settlement
If you decide to pursue a personal injury claim, we will negotiate directly with the defendant’s insurance carrier to reach a fair settlement of your claim. Our attorneys will thoroughly review the insurance policy, gather all relevant evidence, and calculate the full value of your damages.
Our team will always rely on our legal knowledge and experience to represent your best interests. We’ll help you achieve the best possible outcome and protect your rights throughout the negotiation process.
We will position your case for the best settlement by preparing the case for trial from the outset. Insurance companies for company vehicles in Texas know that the attorneys at Domingo Garcia prepare every case for trial. If the insurance company does not offer your maximum compensation for your injuries, then we will try your case to a jury. We have a long history of winning jury verdicts for our clients.
You Can Afford to Hire a Lawyer to Handle Your Injury Claim
You do not have to pay out of your savings to afford great legal representation with your commercial vehicle accident injury claim. At our personal injury law firm, we help innocent people who have been hurt because of the careless acts of others.
You will not have to pay one dollar in upfront legal fees to get our help. Our payment for the work on your case will come out of the insurance settlement or jury verdict at the end of the process. You only pay legal fees if we win your case.
Our Attorneys’ Five-Star Reviews
Our law firm is client-oriented, prioritizing your needs and well-being. We take time to listen to your goals and aspirations and provide personalized guidance tailored to your case.
Our attorneys are readily available to answer questions and provide support throughout the entire process from beginning to end without passing on hidden fees or costs. Ultimately, our team guarantees successful outcomes for all and provides an unparalleled experience.
Here is what our clients posted in their reviews about our services:
- “I want to thank the attorneys and everyone at the Law Offices of Domingo Garcia for winning my case. My attorney was very experienced and professional.” Victor Escobar
- “They seek to get the best compensation, and I recommend the services of attorney Domingo Garcia.” Jose Parra
You do not have to take our past clients’ recommendations alone. You can reach out today for a free initial consultation to learn more about our experience and results in commercial vehicle accidents.
Our Lawyers Will Help With Your Vehicle Accident Case
Domingo Garcia stands ready to help with your personal injury or wrongful death claim from an accident involving a commercial vehicle. You do not have to take on the multi-billion-dollar insurance company by yourself.
Contact us today for a free legal consultation with no obligation. It is that easy to get started.
