If you or a loved one suffered debilitating/catastrophic injuries or wrongful death as a result of a commercial vehicle accident, it can feel like you have no recourse. You’ll have hospital bills to pay, doctors’ appointments to make, prescription meds to pay for, and physical therapy to attend. And that’s not to mention the bills your family already has to deal with on top of all that.
You don’t have to get through one of the most difficult experiences of your life on your own. A Fort Worth commercial vehicle accident lawyer from Domingo Garcia can help ease some of the strain you’re experiencing. They do this by helping you deal with the insurance companies, building your case, seeking compensation for your injuries, and advocating for you both in and out of court.
About Domingo Garcia
Here at Domingo Garcia, we know how important it is to have the right representation when you need it the most. Our lawyers have decades of combined experience helping folks like you and have built a track record of success. You can get started right now with a free consultation. You’ll get the chance to tell your story and work with one of our attorneys to get the help you and your family need.
Someone else is responsible for your accident. Therefore, they should pay for your damages, not you. Our team will work to ensure we see justice for you.
What Constitutes a Commercial Vehicle Accident?
A commercial motor vehicle (CMV) accident is any crash involving a vehicle greater than 10,000 pounds as well as vehicles that can either transport hazardous materials or carry at least 16 people. The most common commercial vehicles involved in accidents are semi-trucks and buses.
Injuries resulting from a commercial vehicle crash can be (and often are) both debilitating and catastrophic due to the size and weight of the vehicle. Even low-speed collisions can be deadly. What might be a minor crash for two similarly sized vehicles could be life-threatening in a crash between a standard commuting vehicle and a CMV.
Beyond semi-trucks and buses, other examples of CMV-qualifying vehicles include:
- Garbage trucks
- Tow trucks
- Large delivery vans and trucks
- All manner of construction vehicles.
If you’re unsure whether the vehicle in question qualifies as a CMV, it’s best to reach out to an attorney for more information.
What Are the Most Common Causes of Commercial Vehicle Accidents?
Semi-truck drivers and bus operators are professionals, usually with years of experience, and must maintain valid licenses. Even so, accidents still happen, and certain compounding factors tend to crop up repeatedly in CMV accidents.
All commercial vehicle operators must follow certain regulations, such as holding a valid CDL (commercial driver’s license), regularly maintaining their work vehicle, and following limits on work hours imposed by the FMCSA, or Federal Motor Carrier Safety Administration. Drivers who fail to follow even one of these regulations put everyone else on the road at risk.
While every commercial vehicle accident is unique, here are some of the most common accident causes we’ve seen (and helped with) over the years:
- Fatigued Driving: CMV operators who take long shifts or have schedules with back-to-backs increase the risk of a fatigue-related accident.
- Distracted Driving: CMV operators who text while driving or are otherwise distracted put drivers around them in danger and could be at fault.
- Reckless Driving: Part of a CMV operator’s training involves accounting for the vehicle’s higher center of gravity and susceptibility to loss of control. Drivers who don’t account for these things may be at fault for the accidents they cause.
- Driving Under the Influence: Dangerous in any circumstance, CMV drivers who operate their vehicles under the influence could face years in prison following an accident.
- Overloaded/Poorly Secured Cargo: It’s the responsibility of every CMV driver to ensure their vehicle’s total weight doesn’t exceed acceptable limits and that all cargo is properly secured on the vehicle.
- Insufficient Maintenance: Whether a CMV driver neglects to do their maintenance duties or a trucking company cuts corners, they will be at fault if poor maintenance leads to an accident.
- Unlicensed/Untrained Drivers: Trucking companies that don’t vet their employees and ensure they have the necessary licenses and training will be liable for any accidents resulting from this gross negligence.
It’s important to note that while this list is extensive, it is not exhaustive. Even if you don’t see your exact accident cause on this list, chances are high that we can still help you with your case.
Common Injuries We See in Commercial Vehicle Accident Cases
Catastrophic injuries are common for those who experience a commercial vehicle accident. Even if you escape death, you could face years of physical therapy, surgeries, and treatments. CMV accident injuries are life-altering, which only underscores the importance of having legal counsel who can and will fight to recover compensation for you.
Some of the most common injuries we see and help with regularly here at Domingo Garcia include broken bones and fractures, damage to organs (including ruptures), damage to extremities and limbs, traumatic brain injuries, spinal injuries including paralysis, and wrongful death.
It’s common, even in serious cases, for adrenaline to mask some of the worst effects of an injury following a commercial vehicle accident. That’s why it’s important that you immediately seek medical attention, even if you feel okay at the moment.
Not only will this help prevent serious complications from going unnoticed, but it will also make it easier for you to both build your case and file an insurance claim to cover the costs of your medical care.
We Fight for You to Obtain Fair Compensation for Your Injuries
The best commercial vehicle accident lawyer is as much an advocate as they are an attorney. They’ll be able to serve as a buffer between you and the insurance companies as well as a buffer between you and the trucking or bus company lawyers.
Those attorneys will do all they can to get your case thrown out, and insurance companies will try their best to deny your claims. An attorney can fight back when you need it most.
What Is Vicarious Liability and How Does it Work?
In many ways, a CMV accident case resembles the process involved in standard vehicle accident cases. The one major difference between the two is that CMV accident cases tend to involve multiple responsible parties. For example, if a CMV driver drove under the influence of drugs or alcohol, they would be at fault for the accident. However, a trucking company must hire law-abiding drivers, so they would be held responsible for their driver’s negligence and the accident, too.
This means the insurance claims process would work a bit differently. Normally, you’d file an insurance claim or lawsuit against the other driver. However, due to vicarious liability laws, the trucking company would be financially responsible for your damages. Even though the truck driver was at fault, their company is responsible for their job performance.
You could also hold a trucking company liable if they allowed their drivers to operate without a valid license, encouraged their drivers to break regulations in any way, or failed to carry out background checks on their drivers. Your lawyer will determine how the CMV company was negligent and hold them liable for your injuries and other damages.
What Damages Could a Commercial Vehicle Accident Lawyer Recover?
The damages your attorney pursues will depend on the specifics of your case, but some of the most common recoverable damages include:
- The full costs of all medical care, including hospital bills and ongoing treatment like physical therapy
- Damage to the vehicle, including complete replacement as warranted
- Any out-of-pocket costs you incurred because of the accident
- Any and all lost wages or other income, as well as damages to cover reduced earning capacity resulting from the accident
- Damages for pain and suffering
- Disfigurement
- Loss of limbs
- Lower quality of life
An attorney can give you an accurate picture of what to expect in terms of damages you could seek. Nothing can give you your life back from before your accident, but compensation can help you put your life back together.
Considering one of our recent verdicts was for a semi-truck accident case resulting in an $8.75 million settlement for our client, it’s clear that we do all we can to set things right for the folks we represent.
Having a Lawyer Is Beneficial
All too often, people injured in a commercial vehicle accident decide not to pursue a case, either because they assume they won’t win or because they believe a case could bankrupt the at-fault driver.
The most important thing to recognize right off the bat is that compensation will come from the truck or bus company and the insurance companies involved, not the driver themselves. Along with that, the right commercial vehicle accident attorney can prevail against even a team of company lawyers if the facts and evidence are on their side.
Beyond working to recover compensation in your case, your attorney can also shoulder the administrative burden you’re likely dealing with right now. Your lawyer will handle your case from start to finish. It’s their job to, after all. You are their priority. Your priority, however, is focusing on your health and wellbeing. You shouldn’t be worrying about anything else.
Your Lawyer Can Handle the Insurance Companies for You
You’re already dealing with so much right now, from trying to make all your doctors’ appointments to figuring out how you’re going to pay for your treatment on top of existing utility and bill payments.
The last thing you need is to add the stress of dealing with insurance companies to the list. You might spend weeks dealing with administrative red tape, only to receive a denied claim – sending you right back to square one.
Your attorney can deal with the insurance companies, so you don’t have to. They can fight the insurance adjusters on proposed subpar coverage amounts and appeal coverage denials on your behalf.
Your Lawyer Can Build Your Fort Worth Case in a Timely Fashion
The state of Texas sets the statute of limitations for personal injury cases at two years (Texas Civil Practice and Remedies Code § 16.003). While this might be an impossible timeline for someone pursuing a case on their own, it would present no problem for a dedicated attorney.
Your lawyer will do all the legal legwork necessary to file your case on time. This legal work involves gathering evidence, interviewing witnesses, taking the case to court, and either seeking a verdict or settlement as the situation warrants.
Why Should I Choose Domingo Garcia?
Here at Domingo Garcia, we know the importance of having excellent legal counsel, especially when you need it the most. We’ve spent the last 35 years assembling a team of strong attorneys who win.
Our lawyers have decades of combined experience handling cases just like yours. In that time, we’ve secured numerous $1 million+ settlements for our clients.
We’ve seen firsthand just how fundamentally a commercial vehicle accident can upend and change a life forever, and it’s why we do all we can to recover compensation for your injuries and help you get your life back.
Contact Us Today for Your Free Consultation Regarding Your Tarrant County Case
If you or a loved one was hurt in a commercial vehicle accident, remember you are not alone in the process. Our Fort Worth commercial vehicle accident lawyer is ready to help. If you are worried about whether you can afford our legal services, your worries end here. We work on a contingency-fee basis, so you pay nothing up front for our help.
We also only get paid if you do, and our fees will come from your earnings, not your pocket. If we aren’t successful, we don’t get paid. So, there are zero financial risks with this arrangement. Contact Domingo Garcia today for your free consultation.
