Carabin Shaw is one of the leading personal injury law firms in South and Central Texas. They have extensive experience in Truck accident cases, focusing on securing compensation for clients’ medical bills, property damage, and pain and suffering.
Specialization: Personal injury, car accidents, wrongful death, truck/18-wheeler accidents.
Why choose them?: Carabin Shaw offers a free initial consultation, and their team is known for fighting aggressively for their clients’ rights.
Commercial Vehicle Accident Claims in Texas
Commercial vehicle accidents involving trucks, tractor-trailers, and other large commercial vehicles cause injuries far more severe than typical passenger vehicle collisions. The size and weight of commercial vehicles create devastating impact forces that passenger cars cannot withstand. Victims of commercial vehicle accidents face extensive medical treatment, prolonged recovery periods, and often permanent disabilities that affect every aspect of their lives.
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Texas leads the nation in commercial vehicle traffic, with major freight corridors including Interstate 35, Interstate 10, and Interstate 20 carrying thousands of trucks daily. This heavy commercial vehicle presence creates constant exposure to accident risks for Texas motorists. When commercial vehicle accidents occur, victims need legal representation capable of handling the complex claims these cases involve.
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Why Commercial Vehicle Accidents Differ From Car Accidents
Commercial vehicle accident claims present challenges that ordinary car accident cases do not. Understanding these differences helps victims appreciate why experienced legal representation matters.
Multiple potentially liable parties complicate commercial vehicle cases. While car accidents typically involve only individual drivers, commercial vehicle accidents may create liability for the truck driver, the trucking company, cargo loading companies, vehicle maintenance providers, and parts manufacturers. Identifying all responsible parties requires investigation and legal analysis that goes beyond simple accident claims.
Federal regulations govern commercial vehicle operations, creating additional standards for establishing negligence. The Federal Motor Carrier Safety Administration establishes hours of service limits, driver qualification requirements, vehicle maintenance standards, and cargo securement rules. Violations of these regulations support negligence claims and may justify enhanced damages. Attorneys experienced in commercial vehicle accidents understand these regulations and how to use violations effectively.
Commercial trucking companies carry substantial insurance policies, often with coverage limits ranging from $750,000 to $5 million or more. While this provides resources to compensate seriously injured victims, it also means insurance companies fight these claims aggressively. Insurers assign experienced adjusters and defense attorneys to minimize payouts on high-value commercial vehicle claims.
Evidence in commercial vehicle cases includes documentation that does not exist in ordinary car accidents. Electronic logging devices record driving hours and vehicle operation data. Event data recorders capture information about speed, braking, and other factors in the moments before collisions. Driver qualification files, drug testing records, maintenance logs, and dispatch communications may all be relevant. This evidence must be preserved before trucking companies can destroy or alter it.
Insurance Company Tactics in Commercial Vehicle Cases
Insurance companies representing trucking companies and commercial vehicle operators employ aggressive tactics to minimize claim payouts. Recognizing these tactics helps victims understand why accepting initial offers without legal counsel often results in inadequate compensation.
Insurance adjusters contact accident victims quickly, often within hours of a commercial vehicle accident. They express concern and offer to help, but their goal is gathering information that can be used to reduce claim value. Recorded statements, signed authorizations, and informal conversations all provide ammunition for later claim disputes.
Early settlement offers may seem generous to victims facing mounting medical bills and lost income. However, these offers rarely reflect the true value of serious injury claims. Insurance companies know that commercial vehicle accident injuries often require years of treatment and may cause permanent disabilities. They offer quick settlements hoping victims will accept before understanding the full extent of their injuries and damages.
Liability disputes arise even in cases where commercial vehicle driver fault seems clear. Insurance companies argue that victims contributed to accidents, that injuries were pre-existing, or that treatment was excessive. These tactics reduce or eliminate compensation if not effectively countered with evidence and legal argument.
Victims of commercial vehicle accidents do not have to accept insurance company offers. Aggressive negotiation backed by thorough preparation and willingness to litigate produces better outcomes than accepting whatever insurers initially propose.
Damages Available in Commercial Vehicle Accident Cases
Texas law allows commercial vehicle accident victims to recover compensation for various categories of damages. The severity of injuries in these cases often justifies substantial awards.
Medical expenses include all costs of treatment related to accident injuries. This encompasses emergency care, hospitalization, surgery, physician visits, diagnostic imaging, prescription medications, physical therapy, rehabilitation, and any other medically necessary treatment. Both past expenses and reasonably anticipated future medical costs are recoverable.
Lost wages compensate victims for income lost during recovery. When injuries prevent working, victims deserve compensation for the earnings they would have received. Documentation from employers establishes wage rates and time missed from work.
Lost earning capacity addresses long-term income impacts when injuries prevent victims from returning to former occupations or limit their ability to work. Vocational experts and economists calculate these damages by comparing pre-injury earning potential to post-injury capacity over the victim’s remaining work life.
Pain and suffering compensates for the physical pain and discomfort caused by injuries. Commercial vehicle accidents often cause chronic pain conditions requiring ongoing management. The severity and duration of pain affect the value of these damages.
Physical therapy costs specifically address the extensive rehabilitation many commercial vehicle accident victims require. Spinal injuries, traumatic brain injuries, and orthopedic trauma often necessitate months or years of therapy to maximize recovery.
Future damages account for ongoing needs resulting from permanent injuries. Lifetime medical care, assistive devices, home modifications, and personal care assistance may all be necessary for seriously injured victims. Life care planners develop detailed projections of these future needs.
Punitive damages may be available when commercial vehicle operators or trucking companies engaged in particularly egregious conduct. Drunk driving, intentional safety violations, or fraudulent concealment of known dangers may justify punitive awards designed to punish wrongdoers and deter similar conduct.
Time Is Critical in Commercial Vehicle Cases
Waiting too long after a commercial vehicle accident may allow trucking companies to destroy evidence critical to your case. Electronic data may be overwritten. Vehicles may be repaired or scrapped. Witnesses may become unavailable or forget important details. Company records may disappear.
Federal regulations require trucking companies to maintain certain records for specified periods, but some evidence exists only temporarily. Electronic logging device data may be overwritten within days. Event data recorder information requires specialized equipment to download before it is lost. Prompt legal action preserves this evidence through spoliation letters and, when necessary, emergency court orders.
Texas law imposes a two-year statute of limitations for personal injury claims. While this may seem like adequate time, commercial vehicle cases require extensive investigation and preparation. Beginning the process promptly ensures adequate time to build the strongest possible case.
Getting Legal Help After a Commercial Vehicle Accident
If you or a family member has been injured in an accident involving a truck, tractor-trailer, or commercial vehicle, consulting with an experienced attorney protects your rights and maximizes your chances of fair compensation. Initial consultations are typically free, allowing you to discuss your case and understand your options without financial obligation.
Commercial vehicle accident attorneys work on contingency fee arrangements, meaning you pay attorney fees only if compensation is recovered on your behalf. This arrangement ensures access to quality legal representation regardless of your current financial situation and aligns your attorney’s interests with your own.
Do not let insurance companies pressure you into inadequate settlements. Contact a commercial vehicle accident attorney to discuss your case and learn what compensation you may be entitled to receive.