Dallas Commercial Vehicle Accident Lawyer | Free Consulation

Commercial vehicle accidents often result in catastrophic injuries because these vehicles are larger, heavier, and more dangerous than passenger cars. If you’ve been hit by a delivery truck, work van, or company vehicle in Dallas, you’re facing medical bills, lost wages, and an insurance company that will fight to minimize your claim.

You need experienced legal representation to level the playing field. Varghese Summersett has successfully represented accident victims across Dallas County, and we know how to hold commercial drivers and their employers accountable. In this article, our Dallas commercial vehicle accident lawyers explain how these cases work, who can be held responsible, what compensation you can recover, and the steps you need to take to protect your claim.

What Counts as a Commercial Vehicle Accident?

A commercial vehicle accident involves any vehicle used for business purposes. This includes delivery trucks, cargo vans, box trucks, service vehicles, utility trucks, tow trucks, rideshare vehicles operating commercially, and company fleet vehicles. The defining factor isn’t the size of the vehicle but whether it was being used for commercial purposes at the time of the crash.

Texas law treats commercial vehicle accidents differently than regular car accidents. Under the Texas Transportation Code, commercial drivers and the companies that employ them are held to higher standards of care. When they fail to meet those standards, they can be held liable for the resulting injuries.

Why Commercial Vehicle Accidents Are Different

Commercial vehicle accidents are more complicated than standard car crashes for several reasons. First, there are often multiple parties who can be held responsible. This might include the driver, the vehicle’s owner, the company that hired the driver, and even third parties such as maintenance providers or cargo loaders.

Second, commercial vehicles are often covered by large insurance policies. While this sounds like good news for victims, it also means insurance companies send experienced adjusters and lawyers to minimize payouts. These insurers know how to find reasons to deny or reduce claims.

Third, commercial vehicle accidents tend to cause more severe injuries. A fully loaded delivery truck can weigh 10 times more than a passenger car. The force of impact in these crashes often results in traumatic brain injuries, spinal cord damage, broken bones, and internal injuries that require extensive medical treatment.

Who Can Be Held Liable?

In Texas, multiple parties may share responsibility for a commercial vehicle accident. Understanding who can be held liable is essential to maximizing your compensation.

The driver is liable if they were negligent. This includes speeding, distracted driving, running red lights, or violating traffic laws. Even if the driver was following company orders, they can still be held personally responsible for their actions behind the wheel.

The employer is often liable under a legal principle called respondeat superior. This means the company is responsible for the negligent acts of its employees when those acts occur during the course of employment. If a FedEx driver causes an accident while making deliveries, FedEx can be held liable.

The vehicle owner may be liable if the vehicle had a mechanical defect or wasn’t properly maintained. Under Texas Transportation Code § 502.042, commercial vehicle owners must ensure their vehicles are safe for operation. If faulty brakes or worn tires contributed to the crash, the owner can be held responsible.

Third parties can also be liable. This includes cargo loading companies if improper loading caused the accident, maintenance providers if they failed to properly service the vehicle, or parts manufacturers if a defective component caused a mechanical failure.

Common Causes of Commercial Vehicle Accidents in Dallas

Commercial vehicle accidents happen for many reasons. Driver fatigue is one of the most common. Delivery drivers and service workers often work long hours to meet tight schedules. Federal regulations limit how long commercial drivers can work, but violations are common.

Distracted driving is another major factor. Drivers using GPS devices, checking delivery apps, or communicating with dispatch take their eyes off the road. Even a few seconds of distraction at highway speeds can result in a devastating crash.

Speeding and aggressive driving are frequent causes. Commercial drivers face pressure to meet delivery deadlines, which can lead to speeding, tailgating, and unsafe lane changes. This is especially dangerous on Dallas highways like I-35E, I-30, and the Dallas North Tollway.

Improper vehicle maintenance causes accidents when brakes fail, tires blow out, or steering systems malfunction. Commercial vehicles require regular maintenance, and when companies cut corners to save money, accidents happen.

Poor training is also a factor. Not all commercial drivers receive adequate training for the vehicles they operate. A driver who doesn’t know how to handle a fully loaded box truck in bad weather is a danger to everyone on the road.

Compensation Available in Commercial Vehicle Accident Cases

Texas law allows accident victims to recover several types of compensation. Economic damages cover your financial losses. This includes medical expenses (both past and future), lost wages, loss of earning capacity if you can’t return to your previous job, property damage to your vehicle, and rehabilitation costs.

Non-economic damages compensate you for intangible losses. This includes pain and suffering, emotional distress, loss of enjoyment of life, disfigurement or scarring, and loss of consortium (the impact on your relationship with your spouse).

In rare cases, punitive damages may be available. Under Texas Civil Practice and Remedies Code § 41.003, punitive damages can be awarded when the defendant’s conduct was particularly egregious. This might apply if the company knowingly allowed an unqualified driver to operate a vehicle or if the driver was intoxicated.

The value of your case depends on the severity of your injuries, the amount of your medical bills, your lost income, the degree of fault of each party, the available insurance coverage, and whether you will need future medical care.

How Fault Works in Texas Commercial Vehicle Accidents

Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001. This means you can recover damages even if you were partially at fault for the accident, as long as you were not more than 50% responsible.

If you are found to be 20% at fault and your total damages are $100,000, you can recover $80,000. If you are found to be 51% or more at fault, you cannot recover anything.

Insurance companies will try to shift blame to you to reduce their payout. They might claim you were speeding, distracted, or failed to yield. This is why having an experienced Dallas commercial vehicle accident lawyer is essential. We gather evidence to establish the commercial driver’s fault and counter any attempt to blame you.

What to Do After a Commercial Vehicle Accident

The steps you take immediately after an accident can significantly impact your claim. First, seek medical attention even if you don’t think you’re seriously injured. Some injuries don’t show symptoms immediately. A medical exam creates a record of your injuries and ensures you get necessary treatment.

Call the police and get a crash report. Dallas Police Department or Texas Department of Public Safety will respond depending on where the accident occurred. The crash report documents what happened and who was at fault.

Document the scene if you’re able. Take photos of vehicle damage, skid marks, traffic signs, and road conditions. Get contact information from witnesses. Note the company name, vehicle number, and driver information for the commercial vehicle.

Do not give a recorded statement to the insurance company without talking to a lawyer first. Insurance adjusters will use your words against you. They might ask leading questions designed to get you to minimize your injuries or accept partial blame.

Contact an experienced Dallas commercial vehicle accident lawyer as soon as possible. Evidence can disappear quickly. Companies often destroy driver logs, maintenance records, and GPS data if they’re not legally required to preserve it. Early legal involvement protects your rights and preserves critical evidence.

The Claims Process and Timeline

Commercial vehicle accident claims typically take longer than standard car accident claims because of the multiple parties involved and the higher damages at stake. Here’s what to expect.

The investigation phase begins immediately. Your Dallas commercial vehicle accident lawyer will gather police reports, medical records, witness statements, and evidence from the accident scene. We may also hire accident reconstruction experts to analyze how the crash occurred.

In commercial vehicle cases, we also investigate the driver’s employment records, the company’s safety record, the vehicle’s maintenance history, and whether the driver was following hours-of-service regulations. We may send preservation letters to the company requiring them to preserve electronic data, driver logs, and internal communications.

Demand and negotiation come next. Once we have a complete picture of your injuries and damages, we send a demand letter to the insurance company outlining your claim and the compensation you’re seeking. Most cases settle during this phase, though it may take multiple rounds of negotiation.

If the insurance company refuses to offer fair compensation, we file a lawsuit. The litigation process includes discovery (exchanging evidence), depositions (recorded testimony under oath), and potentially mediation (a settlement conference with a neutral third party). If the case still doesn’t settle, it goes to trial where a jury decides your compensation.

The timeline varies. Simple cases with clear liability and moderate injuries might settle in 6 to 12 months. Complex cases involving severe injuries, disputed liability, or multiple defendants can take 18 to 36 months or longer. We push to resolve your case as quickly as possible while ensuring you receive maximum compensation.

 

Why Insurance Companies Fight Commercial Vehicle Claims

Commercial vehicle accidents often involve serious injuries and high medical bills. Insurance companies know this, and they have entire teams dedicated to minimizing payouts. Understanding their tactics helps you protect your claim.

They will lowball your initial offer. The first settlement offer is almost always far less than your claim is worth. Insurance adjusters count on victims being desperate for money and accepting the first offer they see. Once you accept, you cannot go back for more money later.

They will delay your claim hoping you’ll give up or accept less. They might request the same documents multiple times, claim they never received paperwork, or simply stop returning phone calls. These tactics are designed to wear you down.

They will blame you for the accident. Even if the commercial driver was clearly at fault, the insurance company will look for ways to shift blame. They might claim you were speeding, following too closely, or failed to avoid the accident.

They will minimize your injuries. Insurance companies often hire doctors to review your medical records and claim your injuries aren’t as serious as you say. They might argue that you had pre-existing conditions or that you didn’t need all the treatment you received.

Having a seasoned Dallas commercial vehicle accident lawyer who knows these tactics and how to counter them is essential. We don’t back down from insurance companies. We present clear evidence of liability and damages, push back against lowball offers, and take cases to trial when necessary.

Federal and State Regulations for Commercial Vehicles

Commercial vehicles in Texas must comply with both federal and state regulations. Violations of these regulations can be powerful evidence in your case.

Federal Motor Carrier Safety Regulations (FMCSRs) apply to many commercial vehicles. These regulations cover driver qualifications, hours of service limits, vehicle maintenance requirements, and drug and alcohol testing. If a driver violated these regulations before or during the accident, it strengthens your claim.

Texas Transportation Code contains additional requirements for commercial vehicles operating in Texas. Section 502.042 requires commercial vehicles to be properly maintained. Section 521.142 sets licensing requirements for commercial drivers. Section 545.352 requires commercial vehicles to comply with weight limits.

Violations of these regulations don’t automatically prove negligence, but they create a presumption of negligence that the company must overcome. If we can show the driver or company violated safety regulations, it makes your case significantly stronger.

Types of Injuries in Commercial Vehicle Accidents

The size and weight of commercial vehicles mean accidents often result in life-changing injuries. Traumatic brain injuries occur when your head strikes an object or when the force of impact causes your brain to move inside your skull. These injuries can cause cognitive problems, personality changes, and physical disabilities.

Spinal cord injuries can result in partial or complete paralysis. Even minor spinal injuries can cause chronic pain and limit your ability to work and enjoy life. These injuries often require years of medical treatment and rehabilitation.

Broken bones are common in commercial vehicle accidents. Simple fractures may heal in a few months, but complex fractures can require surgery, metal hardware, and extensive physical therapy. Some victims never regain full function.

Internal injuries to organs like the liver, spleen, or kidneys can be life-threatening. These injuries may not be immediately apparent after an accident but can cause serious complications if not treated quickly.

Soft tissue injuries including whiplash, muscle strains, and ligament damage may seem minor but can cause chronic pain and require months of treatment. Insurance companies often try to minimize these injuries, but they can significantly impact your quality of life.

If you or someone you love has been seriously injured in a commercial vehicle accident, don’t wait. Schedule a free consultation with our Dallas team to discuss your legal options.

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How Varghese Summersett Handles Commercial Vehicle Cases

Commercial vehicle accident cases require specific knowledge and resources that not all personal injury lawyers have. At Varghese Summersett, we have the experience and tools to take on large companies and their insurance carriers.

We start with a thorough investigation. We don’t just rely on the police report. We visit the accident scene, interview witnesses, review surveillance footage, and examine the commercial vehicle. We hire accident reconstruction experts when needed to establish exactly how the crash happened.

We identify all responsible parties and all available insurance coverage. Commercial vehicle accidents often involve multiple insurance policies. The driver might have personal insurance, the company might have commercial liability insurance, and there might be umbrella policies that provide additional coverage. We identify all sources of compensation to maximize your recovery.

We handle all communication with insurance companies. You don’t have to deal with adjusters, recorded statements, or settlement offers. We know what these companies are trying to do, and we don’t let them take advantage of you.

We prepare every case for trial. While most cases settle, insurance companies only offer fair settlements when they know we’re willing to go to court. With 70+ team members across four Texas offices and extensive trial experience, we have the resources to take your case as far as necessary.

We work on a contingency fee basis. You don’t pay anything unless we recover compensation for you. This allows you to focus on your recovery while we fight for the compensation you deserve.

Frequently Asked Questions

How long do I have to file a commercial vehicle accident claim in Texas?

Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. There are some exceptions that can shorten or extend this deadline. For example, if the commercial vehicle was owned by a government entity, you may have as little as six months to file a notice of claim. Don’t wait. The sooner you contact a lawyer, the sooner we can begin protecting your rights.

What if the commercial driver says the accident was my fault?

What the driver says at the scene doesn’t determine fault. We investigate the accident independently using physical evidence, witness statements, and expert analysis. Even if you were partially at fault, you can still recover compensation as long as you were not more than 50% responsible. Insurance companies will try to shift blame to reduce their payout, but we counter these tactics with solid evidence.

Can I still file a claim if I wasn’t wearing a seatbelt?

Yes. Texas law doesn’t prevent you from recovering compensation because you weren’t wearing a seatbelt. However, under Texas Transportation Code § 545.413, the defense may argue that your injuries would have been less severe if you had been wearing one. This could affect the amount of compensation you receive, but it won’t prevent you from filing a claim.

How much is my commercial vehicle accident case worth?

Every case is different. The value depends on your medical expenses (past and future), lost wages and loss of earning capacity, pain and suffering, the severity and permanence of your injuries, and the available insurance coverage. We can give you a better estimate after reviewing the specific facts of your case. Contact us for a free consultation to discuss what your case might be worth.

What if the commercial vehicle was operated by an independent contractor?

Companies often try to avoid liability by claiming their drivers are independent contractors, not employees. However, Texas courts look at the actual relationship between the company and the driver, not just what the contract says. Factors include whether the company controlled how the work was performed, whether the driver worked exclusively for one company, and whether the company provided the vehicle and equipment. We investigate these relationships to determine who can be held liable.

Contact Our Dallas Commercial Vehicle Accident Lawyers

If you’ve been injured in a commercial vehicle accident in Dallas, you’re facing a complicated legal battle against well-funded companies and their insurance carriers. You need experienced lawyers who know how to hold these companies accountable.

Varghese Summersett has offices in Dallas, Fort Worth, Houston, and Southlake with experienced attorneys and team members ready to fight for you.

We offer free consultations for all personal injury cases. We work on a contingency fee basis, which means you don’t pay unless we recover compensation for you. Call our Dallas office at (214) 903-4000 to schedule your free consultation today.