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You should always consult a commercial vehicle accident lawyer after being involved in a truck or other commercial vehicle crash. While there are some instances where you may not need to hire an attorney, it is always in your best interest.

Below, we discuss instances when you should hire a commercial vehicle accident lawyer in Texas. If you were seriously injured in the accident, contact The Zimmerman Law Firm today to learn more about your legal rights and options. 

When You Should Hire a Lawyer for Your Commercial Vehicle Collision

There are certain instances in which you should always retain an attorney to represent you in your insurance claim or lawsuit due to a commercial vehicle accident.

Serious Injuries

Perhaps the most obvious time to call a commercial vehicle accident attorney is if you suffered severe injuries. Severe injuries can quickly rack up substantial medical bills. A serious injury typically means you cannot work temporarily or even permanently.

Often, severe injuries from a truck or commercial vehicle accident can have life-long consequences that will negatively impact your life not only physically but mentally and financially as well. Ensuring you are receiving adequate compensation to treat your injuries is important. 

Insurance Denials or Delays

If you file an insurance claim and run into roadblocks, it is time to call an experienced attorney. It is common for insurance companies to deny or delay claims.

If you are having trouble getting the compensation you need, hiring a lawyer can help expedite the process. Commercial trucks and vehicles usually have complex insurance policies. Negotiating with these insurance adjusters can be a challenge.

Often, the first settlement they offer is extremely low in the hopes you will take it out of frustration and impatience. These large insurance companies will use delay tactics to pay the least amount possible. Our attorneys can help you navigate the insurance process and seek the maximum settlement you are entitled to.

Multiple Parties

Because of the sheer size and force behind many commercial vehicles, it is common for accidents to involve multiple cars and parties. It may not simply be a two-vehicle accident.

For instance, if a commercial big rig rear-ended you so hard that it caused you to rear-end the car in front of you, you might be exposed to potential liability and have to contend with multiple insurance companies and policies.

You Might Be Partially At Fault

If you suspect you may be partially responsible for the accident, you should speak with an attorney right away.

Texas follows a modified comparative negligence standard, which means you can still recover for personal injuries even if you are partially at fault. However, if you are found to be 51% or more at fault for the crash, you cannot recover damages. In other words, you must be less than 51% responsible for the accident. If you are partially at fault, your damages will be reduced by that percentage.

For instance, if the jury awards you $200,000 but finds you are 20% at fault for the commercial vehicle crash, then your award will be reduced by $40,000. You want to ensure your interests are fairly and accurately represented and that you are not found to be liable inappropriately. Your lawyer will ensure your rights are protected.

Difficulty Determining Liability

Determining liability in a commercial vehicle accident can be complicated. It can be challenging if multiple vehicles and parties are involved in the crash, but it can also be complex if only two are involved.

Unlike private passenger vehicles that are typically driven by the owner and insured themselves, commercial vehicles are often operated by an employee of a company. This means that not only can the drivers themselves be responsible, but it is also possible for other entities to be liable. For example, depending on the situation, some potential liable parties may be:

  • The employer-trucking company,
  • A warehouse or distributor, and
  • The vehicle manufacturer or mechanic.

For instance, under the doctrine of respondeat superior, the commercial employer can be liable for the negligent actions of its employee. Going up against corporations and their insurance agents can be intimidating and overwhelming. It is best left to a skilled personal injury attorney who can expertly investigate, navigate, and negotiate your claim. 

Statute of Limitations for Commercial Vehicle Accident Claims

If you are hit and injured by a commercial truck or other vehicle, being aware of the applicable statute of limitations is imperative. Typically, in Texas, you have two years from the date of the commercial vehicle accident to initiate a civil lawsuit.

Two years sounds like ample time to file a lawsuit, but in reality, when you are on a difficult road to recovering from physical injuries, returning to work, and rebuilding your life, two years can fly by. There are also exceptions to the general rule, which can further shorten your window for filing a civil complaint.

For example, if the commercial vehicle is owned or operated by a government agency such as a municipality, you may have a substantially shorter time frame to file a lawsuit. There are also instances where the statute can be tolled or paused to allow more time to file.

Hiring an attorney sooner rather than later ensures you preserve your rights and the opportunity to pursue a claim. It also guarantees memories are still fresh and evidence is readily available. 

It is Never Too Late to Hire A Lawyer

There is always time to hire an attorney. You may have thought you could manage the commercial accident claim alone but quickly become overwhelmed and anxious. Do not panic. Stop communicating with the insurance company and consult an experienced attorney. Your attorney will handle your claim from there, and you can focus on your recovery.

Ready to take the next step? Contact us today to discuss your situation with a skilled commercial vehicle accident lawyer and explore your legal options. Contact Us

Contact a Texas Commercial Vehicle Accident Lawyer

If you or someone you love was recently hurt in a commercial vehicle accident and you are unsure when to hire an attorney, we strongly encourage that you consult with a member of our team.

At The Zimmerman Law Firm, we recently obtained a $2.75 million award for our commercial vehicle accident client. Let us get to work for you today. Call us today to schedule a free case assessment. 

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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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