Texas Laws Regarding Commercial Vehicle Accidents - San Antonio Accident Attorneys

Courts award compensation for injuries sustained during a commercial vehicle accident in San Antonio based on proof of negligence and damages. Understanding Texas laws regarding commercial vehicle use and the rules of civil procedure allows victims to fight for adequate compensation. A top-quality Texas lawyer from Carabin Shaw will help you maximize your monetary awards. Call 800-862-1260 to schedule your free case review.

One of Texas's top legal concepts that influence commercial vehicle accident cases is modified comparative negligence or proportionate responsibility. This law allows accident victims to seek compensation even when the court determines that they share in fault, as long as that fault does not exceed 50 percent.

Most states use comparative negligence rules to deliver justice commensurate with each party’s negligence. A few states use contributory negligence, prohibiting victims from receiving compensation if they share in the fault. Read our client reviews to find out how the lawyers at Carabin Shaw ensure that clients get the percentage of compensation they deserve.

Litigation concerning a commercial vehicle accident in San Antonio, Texas, frequently involves a commercial semi-truck. Federal Motor Carrier Safety Regulations define commercial vehicles as vehicles that transport passengers or property on highways for interstate commerce. This definition limits commercial vehicles to specific sizes and capacities. However, personal injury lawsuits involving commercial vehicles may include much smaller automobiles, such as:

• Company-owned vehicles
• Employee-owned vehicles
• Company-rented vehicles

Defining a vehicle as commercial in a Texas civil legal action requires that the vehicle be used to transport property, passengers, or goods. The driver could have also used it to provide company services. This broadens the scope of commercial accident claims, including most vehicles a company uses for business purposes.

Negligence requires a duty to act and a breach of that duty. A lawyer can often prove negligence by proving that a crime or safety violation occurred. In Texas, common laws and regulations that prove negligence and, therefore, liability include rules regarding:

• Hours of service
• Drug and alcohol use
• Traffic laws
• Weight limits
• Commercial driver’s license (CDL) requirements
• Inspection rules
• Safety equipment such as brakes and lights
• Cell phone use
• Secure loads

These Texas commercial vehicle accident laws prevent common causes of truck accidents, such as inadequate braking capabilities, driver impairment, distracted driving, and unsecured loads. Proof that another party broke a law or violated a safety regulation does not automatically mean they are negligent, but it can help prove commercial vehicle liability.

The claims process in a commercial vehicle accident begins with insurance. An injured party can submit a claim directly to the company’s commercial auto insurance company or file through their own personal auto insurance. In either case, it is helpful to have an attorney to guide you through this process so you don’t make any costly mistakes.

Insurance companies typically make an initial settlement offer, but it may be low. You do not have to accept an insufficient settlement. You may negotiate for a higher amount or pursue other legal actions.

If neither an insurance claim nor mediation results in a fair settlement offer, San Antonio accident attorneys can file a personal injury lawsuit against the driver and potentially the company that owns the vehicle. The court may hold an employer liable for the actions of its employee under the notion of vicarious liability or respondeat superior. Companies may also engage in negligent hiring practices, such as hiring drivers with poor driving records, which would make them liable for damages.

The San Antonio TX personal injury lawyers at Carabin Shaw know how Texas laws can help your commercial vehicle accident case. We also know how difficult it is to decide to hire a lawyer despite the chance for fair compensation. That’s why we offer our services on a contingency-fee-basis, so you don’t have any financial risk in filing a lawsuit.

Call our toll-free number today at 800-862-1260 to schedule a free consultation and speak to a member of our team 24/7. We have English—and Spanish-speaking staff available.

For more information:

• Texas Statutes 33
• ECFR
• Texas Statutes 72