Any car accident can result in feelings of dread and confusion for injury victims. Following the initial impact, you may be wondering how you will be able to pay for the damages, and if pursuing legal action is plausible.
The feelings of distress that a collision brings about may increase if you notice that the other driver is in a commercial vehicle. Commercial drivers will have the support of their employer, their employer’s insurance provider, and an entire legal team. You may feel that this will make it more difficult for you to recover compensation.
With the help of Bandas Law Firm’s commercial vehicle accident lawyers in Corpus Christi, you don’t need to feel threatened by the people standing behind a negligent commercial driver. We have the experience and determination necessary to take on their representation—protecting your rights is our priority!
Our consultations are free and available 24/7. Send us a message or call (361) 238-2789 to get started on your case
Although the at-fault driver’s association with a business may be intimidating at first, commercial vehicle accidents present unique opportunities to uncover evidence that is not present in typical collision cases. Whereas a regular car accident case may not provide a wealth of tangible proof of liability, commercial drivers may have a paper trail that can point to the at-fault party. Below, we have illustrated how some common causes of accidents can indicate who should be held liable.
In many cases, the driver will not be liable for an accident that happens while they’re on the job. The insurance we must buy to be in compliance with Texas law does not cover commercial activity such as driving for Uber and Lyft. Any company that requires employees to drive as part of the job, either in their own car or in a company vehicle, must hold insurance. A company also takes responsibility for most of the actions its employees perform as a part of the workday. When hiring a driver, it’s reasonable to assume each candidate’s driving and criminal records will be checked. If a hiring manager misses a big red flag, the company is considered negligent in its duty to employ qualified and trained individuals.
A company’s leadership may also oversee driving operations in ways that put others in danger. For example, commercial drivers have mandated rest breaks and driving limits. If their employer pushes them to break these rules they are fully at fault for the dangerous situation. This includes setting deadlines that are too tight to hit without driving for too long and/or skipping the required breaks.
Many commercial drivers are required to keep logs of their driving times and maintenance records—this is true in commercial truck accidents, as record keeping is mandatory according to federal law. With this evidence, it can be proven that a driver should not have been on the road.
One final issue that falls on the company is the upkeep and maintenance of the vehicles. Especially if a maintenance issue has already been reported, and the company failed to deal with it before sending the vehicle out on the road, you will have a clear case for liability. Preventative maintenance such as making sure tires are properly inflated and have enough traction is also the purview of the company that owns the vehicles.
Some businesses use specialized vehicles, especially if they are transporting goods. Few companies make trucks, vans, and other such vehicles, and if one of them makes a design error or uses a faulty part, drivers from many companies or industries may be at higher risk of a collision even if they don’t know it. Especially because they are bigger than most personal autos, trucks, vans, and other heavy vehicles must be exhaustively tested before they are released.
Especially in multi-car accidents (which trucks may be more likely to have), the driver who hit you isn’t actually at fault. If another driver’s careless actions cause what’s known as a “chain reaction accident,” they might be liable for the damages of everyone involved. Or, multiple parties might share liability. In such a complex situation, you need an experienced legal team on your side.
Though the driver’s employer takes responsibility for their actions by hiring them, they will not be forced to answer for gross negligence on the driver’s behalf. For example, if the driver is intoxicated, the company will be released from liability; the driver will be responsible for all damages on their own. Other situations the driver may have to answer for include reckless driving or making the choice (not influenced in any way by the company) to drive when they are too tired.
Figuring out liability in commercial vehicle accidents may be a difficult process. Our experienced team of commercial vehicle accident lawyers can help investigate the crash and learn the reason(s) behind it, so you know whose insurance to ask for help. We’re not afraid to stand up to big corporations in court. We do everything we can to help our clients receive justice.
To learn how our Corpus Christi commercial vehicle accident lawyers can help you recover compensation, schedule a free case evaluation today. Our consultations are cost- and obligation-free, and we don’t charge for our services unless we win your case.
Call (361) 238-2789 or use our contact form to schedule your free case review
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