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If you are hit by a commercial vehicle, it is essential to understand your legal rights. You do not have to accept the negative ramifications the accident has on your life, and you are likely entitled to much more than the insurance company is offering.

Familiarizing yourself with your legal rights after a commercial vehicle accident can give you the confidence to seek the maximum damages. We compiled this comprehensive guide to provide a brief overview of your rights and options.

Legal Rights After a Commercial Vehicle Accident

You have the legal right to pursue compensation by filing an insurance claim or initiating a civil lawsuit for damages. 

If you are injured in a commercial vehicle accident and successfully prove the defendant is liable for your injuries, you will be entitled to damages. The precise type and amount of damages will depend on your exact situation.

Numerous factors will be considered when determining the compensation you might be entitled to, including the number of defendants, whether the defendant is a private citizen or corporation, and insurance policy maximums. 

If you are successful in court or at the negotiating table, you can receive compensatory damages, including:

  • Past and future medical expenses,
  • Lost paychecks,
  • Lost earning capacity,
  • Cost of the repair or replacement of your car,
  • Pain and suffering damages,
  • Emotional distress,
  • Disfigurement,
  • Physical impairment, 
  • Loss of consortium, and 
  • Loss of enjoyment of life. 

If you were gravely injured because of the defendant’s gross negligence or egregious conduct, a court may also award you punitive damages. Your attorney will discuss your anticipated recoverable damages with you.

How Can a Commercial Vehicle Accident Attorney Help You

While there is no legal requirement that you hire an attorney to pursue a commercial vehicle accident claim, we strongly encourage you to at least consult with an attorney to learn how they can better assist you.

Insurance claims and lawsuits can take a long time, but they can take longer if you are unfamiliar with the law and the process. As experienced commercial vehicle accident attorneys, we can help you navigate the legalities of a lawsuit. 

Whether you were recently involved in an accident with a commercial vehicle or filed a lawsuit on your own, you may feel overwhelmed about what to do next. Let us help.

We can assist you with:

  • Thoroughly investigating the cause of the accident;
  • Identifying the liable parties;
  • Dealing with the insurance company;
  • Negotiating with insurance claims adjusters or opposing counsel;
  • Initiating your lawsuit and filing all necessary paperwork;
  • Conduct discovery and depositions; 
  • Consulting experts; and
  • Representing you in a trial.

The right commercial vehicle accident lawyer can provide compassionate yet aggressive advocacy. 

Commercial Vehicle Accidents Are Complex

Accidents involving a commercial truck or vehicle are typically more complex than regular private passenger car accidents. In a commercial vehicle-involved accident, several parties may bear some responsibility. 

The driver, the employer (often the corporation or company that owns the truck), the manufacturer, the mechanic or maintenance center, warehouse, shipping company or distributor, and more may be liable for your injuries.

Identifying and proving party liability is often complicated and challenging but almost always extends beyond the drivers themselves. It can take an extensive investigation to determine the cause and potentially liable parties in a commercial vehicle accident claim. There are also legal concepts surrounding multiple-party liability.

Joint and Several Liability

Importantly, when dealing with commercial vehicle accidents, one or more parties may be responsible for the accident. Legally, joint and several liability means if multiple parties are accountable for the accident, they can each be held independently liable for the victim’s injuries.

For instance, if one defendant cannot pay, another defendant may be on the hook for the full extent of damages. For a plaintiff-victim, it is crucial to ensure you are naming all potentially responsible parties to maximize your chance of successfully collecting monetary damages.

Vicarious Liability & Respondeat Superior

In Texas, under the legal doctrine of respondeat superior, an employer can be held vicariously liable for the actions of their employees if those actions cause injury to others. For example, suppose a truck driver operates a big rig while intoxicated and causes an accident in Texas.

In that case, the trucking company and the driver’s employer (often one and the same) can be held liable for the driver’s conduct. As a plaintiff, you must plead these claims in your filing documents. An attorney can help with this.

Texas Modified Comparative Negligence Law

As an accident victim in Texas, it is essential to understand the applicable negligence standard. Texas is a modified comparative negligence state, which means a plaintiff can still seek damages for personal injuries even if they are partially at fault for the accident.

In other words, even if you are partially responsible for the accident, you still have a legal right to recover. However, if you are found to be more than 51% at fault for your injuries, you will be barred from recovering compensation.

If you are less than 51% at fault, you can still collect compensation, but your percentage of fault will reduce your award. For instance, if a jury awards you $500,000 in damages but they also find you were 20% responsible for the crash, your award will be reduced by $100,000.

Even if you suspect you may have partially contributed to the cause of the accident, you still have legal rights and options. A seasoned and knowledgeable attorney can help estimate your potential recovery.

You Have Two-Years to Assert Your Claim

While you certainly have legal rights to pursue a claim after a commercial vehicle accident, those rights are not indefinite.

In Texas, you generally have a two-year statute of limitations or timeframe to initiate a lawsuit. There are certain exceptions to be mindful of that can alter this window, so it is important to speak with an attorney sooner rather than later to preserve your rights. 

If you've been involved in a commercial vehicle accident, don’t navigate the aftermath alone. Contact us now for a free consultation to understand your rights! Contact Us

#1 Texas Commercial Vehicle Accident Attorneys Ready to Fight for You

At Zimmerman Law Firm, we have a combined 85 years of experience helping accident victims and their families seek the compensation they deserve. Commercial vehicle accidents can be physically, emotionally, and financially taxing. Let us help ease the burden on you. Contact us today to schedule a no-cost, no-obligation consultation. 

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Author Photo

Michael Zimmerman

Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.

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