Our Carlile Law Firm, LLP, personal injury lawyers in Marshall recently discussed liability in Texas commercial vehicle wrecks and who can be responsible for these often catastrophic crashes.
This topic is essential to our Texas communities because our state is home to almost 200,000 commercial truck drivers, the most in the country. However, more trucks on the road also mean more opportunities for crashes. Unfortunately, commercial vehicle collisions in Texas are often more severe than regular car crashes due to the size, weight, and impact of vehicles like delivery trucks, semis, utility vans, and buses. In addition to causing severe injuries, these crashes often involve a complex web of legal and insurance issues.
Here, our Harrison County commercial vehicle wreck lawyers explain why navigating a claim can be daunting, making it essential to have an experienced attorney to protect your rights and maximize your compensation.
What Makes Texas Commercial Vehicle Crash Claims More Complex?
Unlike typical Texas car crashes, commercial vehicle collisions involve additional layers of complexity. As outlined in last month’s blog, in a commercial vehicle wreck, more than one party can be responsible for the crash.
While the driver may be directly responsible, other entities can also be liable, including:
- The employer or trucking company: Employers are often responsible for the actions of their drivers while they’re on the job.
- Vehicle owners: The company or individual that owns the commercial vehicle can be held liable, especially if the collision was caused by poor maintenance or failure to address mechanical issues.
- Maintenance companies: If a third-party maintenance provider fails to service the vehicle properly, they could be held accountable.
- Cargo loaders: Improperly loaded or secured cargo can cause rollovers or make it difficult for the driver to control the vehicle.
- Manufacturers: If a defect in the vehicle or its parts (e.g., brakes, tires) contributed to the crash, the manufacturer may be liable under product liability laws.
We can identify all potentially responsible parties and pursue claims against each one to maximize your chances of full recovery.
Texas Commercial Vehicle Wrecks Include Significant Insurance Company Challenges
Commercial vehicle insurance policies tend to have higher limits than personal auto insurance policies, often exceeding $1 million in coverage. Because of this, insurance companies are motivated to defend against these claims aggressively to minimize payouts.
Commercial insurers often deploy teams of adjusters, investigators, and attorneys to challenge your claim, downplay your injuries, and dispute liability. These companies may offer quick, low-ball settlements before the full extent of your injuries is known or pressure you to provide recorded statements that could later be used against you.
Our personal injury lawyers in Marshall can handle negotiations with insurance companies, preventing you from being overwhelmed by their tactics and ensuring you’re not pressured into settling for less than you deserve.
Federal and State Regulation Violations Can Help Pinpoint Who Is Liable for Your Texas Commercial Vehicle Crash
Commercial vehicles are subject to federal and state regulations, so it is critical to understand how these laws apply to your case.
For instance:
- The Federal Motor Carrier Safety Administration (FMCSA) establishes driver hours, vehicle maintenance, and cargo limits
- Texas has laws regarding commercial vehicle operations, such as specific insurance requirements and safety inspections.
Violations of these regulations can be critical evidence of negligence in your claim. Our skilled Marshall commercial vehicle crash attorneys can identify regulatory breaches, gather necessary evidence, and build a solid case to prove that the commercial driver or company failed to comply with legal standards.
Gathering Critical Evidence is Crucial in Texas Commercial Vehicle Collision Claims
Filing a claim after a commercial vehicle wreck in Texas is not just about handling paperwork—it’s about navigating a complex legal landscape with multiple parties, regulations, and potentially severe injuries.
Commercial vehicle insurers will not simply take an injured victim’s word that their policyholder is at fault for the crash; they protect their interests and minimize payouts. These insurers require clear, compelling evidence to establish liability, such as black box data, driver logs, maintenance records, and witness testimony.
Without solid evidence and skilled legal representation to interpret and present it, insurers will likely dispute or downplay the claim, arguing over fault or the extent of injuries.
We can help ensure your rights are protected and your case is presented effectively, starting with a free consultation. Contact our experienced Harrison County personal injury attorneys today to learn more about how we can help.
