Commercial vehicles are often larger and heavier than other vehicles, especially when fully loaded. As a result, getting into an accident with a large truck or van could cause you to suffer debilitating injuries that cost thousands to treat.
You are not alone if you or a loved one are in this situation. A Dallas commercial vehicle accident lawyer from our law firm could help you file an insurance claim or personal injury lawsuit. With the help of one of our skilled lawyers, you could recover the money you need after a serious accident.
Contact our Dallas office today for a free, no-obligation consultation.
How Much Are Commercial Vehicle Accidents Worth?
Domingo Garcia recently won a commercial vehicle accident case against a driver and trucking company involving a traumatic brain injury (TBI) to a child. The company’s insurer settled for $9 million shortly before the trial.
In another case, we recovered $8.75 million for our client after an 18-wheeler truck accident.
It is important to realize that each case is unique, and there is no way for us to estimate how much you can receive without:
- Talking to you about your commercial vehicle accident.
- Reviewing evidence from you, the trucking company, and other parties.
- Speaking with the involved parties, including the commercial driver.
- Reviewing all laws that apply to your case.
Once we have completed these tasks, we can aim for a settlement that covers all your losses.
Why Choose Us to Handle Your Case?
The above case results are just a couple of examples of the multimillion-dollar settlements we have achieved for our clients. Our attorneys understand the complexities of commercial vehicle accident cases and the legal issues surrounding these devastating crashes.
We also have a team of experienced investigators who will work to uncover all the facts of your case and build a strong legal argument in your favor.
Our team will fight for the maximum compensation you deserve for your injuries, lost wages, medical bills, and other damages. We understand this is a difficult time for you, and we are here to help.
How Much do Commercial Vehicle Accident Lawyers Cost?
When you hire one of our personal injury lawyers to handle your case, you pay no upfront costs. Our firm works on a contingency-fee basis, so you won’t have to pay us anything unless we win your case. The attorney fees you pay will be an agreed-upon percentage of your settlement.
This convenient arrangement helps you avoid paying out-of-pocket for legal help. It also lets us help North Texas accident victims regardless of their financial situation.
Also, remember that, on average, those with professional legal representation recover more compensation than those who try to handle their claims alone.
What Is a Commercial Vehicle?
While many vehicles are used for business purposes, the term “commercial vehicle” has a specific definition under federal law. For instance, 49 C.F.R. § 390.5 states that a commercial vehicle is one someone drives “on a highway in interstate commerce to transport passengers or property.”
It must also meet at least one of the following requirements:
- The vehicle must weigh 10,001 pounds or more.
- The vehicle must carry a certain number of passengers.
- The vehicle must carry hazardous materials.
By this definition, gas trucks, buses, tractor-trailers, and other such vehicles all count as commercial vehicles.
Commercial Truck Drivers Must Follow Strict Regulations
The Federal Motor Carrier Safety Administration (FMCSA) inspects commercial vehicles for safety and enforces federal safety regulations. These regulations dictate:
- Licensing standards for trucks and drivers.
- The amount of time drivers can work before taking a break.
- The parts and safety equipment that are required.
- The frequency of required vehicle inspections.
- Maintenance and repair schedules.
- How and when vehicles can transport certain types of cargo, such as hazardous materials, household goods, passengers, or migrant workers.
Devastating Consequences
Failure to adhere to these or any other regulations could result in a catastrophic collision. Consider the following examples:
- A trucking company pressures its drivers to stay on the road for far longer than regulations allow. A driver gets tired, falls asleep at the wheel, and drifts into oncoming traffic.
- The cargo loaders do not properly secure a truck’s cargo. An item comes loose on the highway, falling off the truck bed and hitting another vehicle.
- A truck’s headlights do not work properly, but the company’s mechanic applies a “quick fix” rather than taking the truck off the road long enough to repair it completely. Unable to see properly, the driver hits another vehicle.
In addition to the FMCSA’s federal regulations, drivers and their employers must comply with state regulations outlined by the Texas Department of Public Safety (D.P.S.).
Failing to do so can lead to collisions and serious injuries. It can also make drivers and their employers liable, especially if the survivors hire a lawyer to pursue fair compensation.
How Much Are Commercial Vehicle Accidents Worth?
Among other factors, the severity of your injuries can determine how much compensation you get. For example, we once recovered $8.75 million for our client after an 18-wheeler truck accident.
It is important to realize that each case is unique, and there is no way to estimate how much you can receive without:
- Talking to you about your commercial vehicle accident.
- Reviewing evidence from you, the trucking company, and other parties.
- Speaking with the involved parties, including the commercial driver.
- Reviewing all laws that apply to your case.
Once we have completed these tasks, we can aim for a settlement that covers all your losses.
How do I Qualify for Damages?
We must prove that another party was the cause of your injuries for you to get maximum compensation. For example, one of our truck accident lawyers can show that the following four points of negligence are true:
- Whoever caused your accident (a truck driver, a trucking company, or someone else) was obligated to perform their job with diligence and caution.
- The at-fault party did not fulfill this duty. Maybe the truck driver failed to stop at a red light, or the trucking company did not properly train their employee.
- The commercial vehicle accident directly resulted from the at-fault party’s failure.
- You suffered damages from the accident the at-fault party caused.
Common Damages in Commercial Vehicle Accident Cases
Many people suffer physical, psychological, and financial harm after a commercial vehicle accident. The damages we can help you recover include the following:
- Pain and suffering: Your injuries have likely caused you physical and emotional distress. We can assign a monetary value to your pain and suffering to help you receive fair compensation.
- Lost quality of life: Severe injuries can prevent you from doing things you love, taking care of yourself or your family, or functioning in everyday life.
- Disability: Commercial truck accidents often cause disabling medical conditions like brain and spinal cord injuries.
- Medical expenses: Catastrophic injuries are often expensive, requiring multiple surgeries, physical therapy, and even long-term care.
- Property damage: When a commercial vehicle is involved in an accident, the property damage can be extensive. Depending on the size and weight of the truck, bus, or van, it can cause significant destruction to other cars and trucks, especially small passenger vehicles.
- Lost income: This includes the income your injuries prevented you from earning and any benefits or opportunities you lost by missing work.
- Loss of earning capacity: Some injuries keep you from returning to your old job, forcing you to retire or accept a lower-paying position.
- Mental anguish: Your injuries could cause mental suffering, such as anxiety or depression.
- Punitive damages: Punitive damages are a type of financial award given to an injured party in a civil lawsuit. They are meant to punish the wrongdoer for their actions and deter them from engaging in similar conduct in the future. In commercial vehicle accidents, punitive damages can be awarded if the defendant’s behavior is egregious or reckless.
In general, if you can attribute a loss or injury to the accident and back up your claim with solid evidence, you can seek compensation from the responsible party for that damage.
Our experienced personal injury attorneys can help you determine the compensation you can recover for your injuries.
What to Do After an Accident with a Commercial Vehicle
If you have been involved in an accident with a commercial vehicle, it is important to take the necessary steps to protect your rights and ensure that you receive the compensation you deserve. Here are some tips on what to do after an accident with a commercial vehicle:
- Seek medical attention: Even if you don’t think you’ve been injured, it is important to seek medical attention as soon as possible.
- Document the accident: Take pictures of the scene, get contact information from witnesses, and write down your account of what happened.
- Contact a lawyer: An experienced Dallas commercial vehicle accident lawyer can help you navigate the legal process and ensure that you receive fair compensation for your injuries.
- Don’t sign anything: The at-fault party’s insurance company may try to get you to sign a release or waiver of liability. Please don’t do this without consulting with an attorney first.
- Keep records: Keep track of all medical bills, lost wages, and other expenses related to the accident.
Following the above steps will help protect your rights and improve your chances of getting a fair settlement.
We Can Help With Complicated Commercial Vehicle Cases in Dallas
It can be tricky to navigate the ins and outs of Texas law on your own. No matter how badly injured you are or how little you know about the law, you would be expected to:
- Meet all deadlines, such as those governing how much time you have to contact the trucking company about the accident.
- Use the correct forms and formats to submit material.
- Obey all courtroom rules (if your case goes to trial).
- Deal directly with representatives from the liable party and the insurance companies.
This is where an experienced truck accident attorney can help. Our personal injury lawyers help accident victims in Dallas-Fort Worth understand the legal system and avoid making mistakes that could hurt their cases.
We Collect All Available Evidence
Sometimes, when a client comes to see us, they have already collected useful pieces of information, like:
- Photos of the accident scene or their injuries.
- The truck driver’s contact and insurance information.
- Medical bills and receipts for other accident-related expenses.
Evidence helps build a solid case; however, we understand you may need help with this step. We can gather evidence for you if you don’t have any. Our team can:
- Visit the place where the accident happened.
- Request medical records, police reports, and evidence the liable party or their insurance company has, such as truck maintenance reports and driver logs.
- Track witnesses and ask them to write their recollections of the incident.
- Hire experts to share their thoughts on how the crash happened and the long-term effects of your injuries.
We Confront the Insurance Company for You
Insurers are often reluctant to pay the amount an accident survivor requests. They may try to delay or undervalue your case by:
- Offering a settlement that is too small.
- Refusing to negotiate.
- Pressuring you to give a statement or sign an agreement before talking to a personal injury attorney.
- Claiming you caused the accident or that your injuries are milder than you say they are.
You do not have to risk your case by speaking to the insurance adjusters alone. We can do all of the talking for you, both in private meetings and in the courtroom.
We Fight for What You Need
There are several ways we can pursue compensation for a client. One is negotiating a fair settlement with the insurance company. Another is taking the at-fault party to court and trying to persuade a jury to award damages.
How we seek damages depends on your case’s specifics. Our firm can help you by:
- Reviewing all testimony and documentation related to your case.
- Discussing our thoughts and suggestions with you.
- Explaining your rights and options and advising you on how to proceed.
- Giving you plenty of time to ask questions about how commercial vehicle accident cases (and yours in particular).
- Helping you file a lawsuit.
- Fighting for you in court (if your case doesn’t settle before trial).
Once we decide on a course of action, we fight relentlessly on your behalf. It does not matter to us if the liable party is an individual driver or a big trucking company; no one should get away with causing you harm.
We Will Keep You Informed
Our goal is to make the legal system more accessible by explaining your rights and helping you decide how to exercise those rights. In addition, we will manage your entire legal case on your behalf, so you have more time to:
- Go to doctor’s appointments and receive proper care.
- Spend time with your family.
- Recover from the accident.
As part of our service, we update clients whenever there are new developments in their case. These regular updates ensure you do not spend energy worrying about what is happening.
It also gives you more time to process each new development and make informed legal decisions (e.g., whether it is time to settle).
We Can Help If You Lost a Loved One in a Commercial Vehicle Accident in Dallas
The Texas Department of Transportation (TxDOT) reports that Dallas County saw more than 4,000 commercial vehicle collisions in 2021. Of these, almost 40 resulted in at least one fatality.
We understand how devastating it is to lose someone so suddenly. But a caring lawyer from our firm can help you figure out how much money you can ask for in a wrongful death claim. Your damages may include the following:
- Loss of financial support: If your loved one provided financial support, we could help you recover the lost wages and support.
- Loss of companionship: This can compensate you for losing the love, affection, and guidance your spouse or family member brought to you and your family.
- End-of-life expenses: Funeral and burial services can be expensive. You could recover these expenses if your loved one died in a fatal crash. You may also recover compensation for accident-related medical bills incurred before your family member passed.
While this money cannot bring your loved one back, it can give you the financial security to rebuild your life and honor their memory.
Time Limit for Filing a Personal Injury Claim in Texas
If you’ve been injured in a commercial vehicle collision in the Dallas-Fort Worth area, it’s important to understand the time limit for filing a personal injury claim. In Texas, the statute of limitations is two years from the accident date.
You may be barred from recovering any compensation if you don’t file your claim within two years of the crash. That’s why it’s important to contact an accident injury attorney immediately after the crash.
Rare exceptions may apply, and an experienced attorney can tell you how the statute of limitations affects your case.
Wrongful Death Time Limit
When a loved one dies due to someone’s negligence, certain family members have the right to seek compensation for their loss through a wrongful death lawsuit. However, time limits must be followed to file such a claim.
The state’s statute of limitations for wrongful death claims is two years from the date of death. Therefore, you may be barred from recovering compensation if you don’t file your claim within two years of your loved one’s passing.
Don’t Hesitate to Contact Our Law Firm
If you have been injured or a loved one died in a commercial vehicle wreck, it’s important to contact an experienced attorney as soon as possible. Your lawyer will ensure you follow the statute of limitations and any other deadlines that may apply to your case.
Also, the sooner you contact us, the sooner we can get started on your case. For example, hiring one of our lawyers could give us time to collect and preserve key evidence.
Contact Us for Help Building Your Commercial Vehicle Accident Case
With more than 35 years of experience, Domingo Garcia has the resources to handle your commercial motor vehicle case. We will work to get you a settlement or court award that pays more than your medical bills.
Don’t settle with the insurance company for less than your injuries are worth. A Dallas truck accident attorney will evaluate your case to help you understand its full value. We are available to fight for your rights and pursue compensation for injuries sustained in an accident. Contact us for a free case assessment today.
