San Antonio Commercial Vehicle Accident Lawyer
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Legal Representation for San Antonio Victims of a Company Vehicle Accident
Company and commercial cars or trucks tend to dwarf standard cars on San Antonio roads. Consequently, accidents involving a company car can lead to severe personal injuries or even death. Once a crash occurs, representatives from the company will immediately go into action to clean up their mess. Their goal is to pay you as little as they can under the insurance policy. By hiring a qualified San Antonio commercial vehicle accident lawyer from The Carlson Law Firm, you are taking the first step to getting the compensation you deserve.
Your involvement in a company vehicle accident can turn your life upside-down. Suffering an injury or even the death of a loved one can cause you physical and emotional distress. To further this pain, the costs of medical treatment, loss of wages and car repairs can pile up. The Carlson Law Firm can have help you find relief.
Commercial insurance carriers have teams of adjusters and attorneys ready to protect the company. We will work tirelessly on your behalf to protect you. As the victim of a company car accident, you have a right to seek compensation. If you or a loved one has been injured in a company vehicle accident, you need a San Antonio commercial vehicle accident lawyer that will provide you with aggressive representation. Contact The Carlson Law Firm today for a free consultation with a San Antonio commercial vehicle accident lawyer.
What is a Commercial Vehicle
A commercial or company vehicle is any car or truck titled or registered to a company. In San Antonio, this can be a fleet, company car or any other vehicle used for business. Accidents can occur when employees are using company cars to carry out duties related to their jobs. These tasks can include; carrying equipment, hauling goods or transporting passengers. Further, vehicles carrying more than 15 passengers are also commercial vehicles.
Examples of Different Company Vehicles
Commercial vehicles come in all shapes and sizes. These vehicles are everywhere, they deliver goods, take us places or even clean our streets and neighborhoods. Commercial vehicles include:
- Delivery trucks, vans
- Fleet vehicles
- UPS/Fed-Ex trucks
- Taxi cabs
- Construction company vehicles
- Buses, including city or school buses
- Garbage or dump trucks or street cleaners
- Corporate cars
- Utility and repair company trucks or vans
- Semis, 18-wheelers and other large trucks
Commercial Truck Classification
Commercial trucks are much larger than standard vehicles on the road. The Federal Highway Administration (FHA) categorizes commercial vehicles by their weight. The FHA’s gross vehicle weight rating (GVWR) breaks down as follows:
Note, a driver does not need a special license to drive vehicles in classes one through six. However, federal agencies require a USDOT number and company name on any vehicle over 10,0001lbs. In Texas, state law requires a TxDMV number for commercial vehicles under the following instances:
- Operating a vehicle (or combination of vehicles) with a gross weight, registered weight or gross-weight rating exceeding 26,000 pounds.
- Transporting hazardous materials in a quantity that requires placarding.
- Operating a farm vehicle with a gross weight, registered weight or gross weight rating of 48,000 pounds or more.
- Operating a commercial school bus.
- Transporting household goods for compensation, regardless of vehicle weight.
- Operating a vehicle designed to transport more than 15 passengers, including the driver.
Because of their size and weight range, a crash with a company vehicle causes serious personal injuries. An experienced San Antonio Company Vehicle Accident Lawyer can help you recoup any damages you’ve suffered.
Causes of Company Car Accidents
In San Antonio and all of Texas, company car drivers are takes with a higher care of duty when driving their vehicles. Like other accidents, these accidents can be the result of distracted or drunk driving, falling asleep at the wheel, speeding, reckless driving or vehicle defects. In addition, the larger the company vehicle, the greater the force it will strike another vehicle. Each accident is unique. However, large company trucks and van will generally cause more damage than a company car.
San Antonio Commercial Vehicle Accidents
Different crashes result in different types of injuries. The speed, the weight of the vehicles, the angle of the crash are all factors in the injuries you may sustain from a commercial vehicle accident when operating a vehicle in San Antonio. A qualified San Antonio commercial vehicle accident lawyer can help you through the process of seeking justice after the negligence of a company car driver.
The most common types of accidents with commercial vehicles are, rear-end wrecks, head-on collisions, and side-impact accidents. These types of accidents with a commercial vehicle or truck can have catastrophic consequences for an innocent driver. In some cases, these vehicles may carry risky chemicals and materials. As a result, exposure to these chemicals can worsen injuries from the initial impact of the crash.
San Antonio Commercial Vehicle Accident Injuries
It is important to note that each accident is unique. Your injuries can vary depending on the severity of the crash. Injuries stemming from accidents fall into two major categories.
Impact: Typically caused by a person’s body hitting some part of the interior of the car.
Penetrating: typically cuts or scrapes caused by shattering glass or lose objects flying inside the car on impact.
Some wounds, cuts or pain may resolve in the days following an accident. However, you still need to seek medical attention in case of any underlying conditions. The most common injuries stemming from commercial vehicle accidents in San Antonio include:
- Head and brain injuries. A blow, or piercing, of the skull or brain. Examples, concussions or other traumatic brain injuries, internal bleeding, skull fractures, or lacerations.
- Neck, back or spine injuries. Whiplash is the most common injury suffered in car accidents. Injuries can include herniated discs, spinal cord damage, sprains or strains.
- Chest injuries. The force of an impact does serious harm on the human body. Injuries can include broken ribs, sternum, and injuries to internal organs.
- Burn injuries. fires are a serious concern after a car accident. Burns can be severe or even fatal.
- Soft tissue injuries. Muscles, tendon, and ligaments can be stretched or torn in an accident. This type of pain can be long-lasting. Includes deep cuts or wounds to the abdomen from a penetrating trauma to the trunk or lower checks.
- Broken bones injuries. The extreme pain of broken bones may require surgery. These injuries can take a very long time.
An experienced San Antonio commercial vehicle accident lawyer from The Carlson Law Firm will assist you in getting the medical care you need.
Proving Negligence in a Company Car Accident
When an employee is on the clock, the company is generally responsible for the actions of their employee. This means that when a company vehicle is involved in an accident, the driver and the company may be liable for damages. The driver may be responsible if negligence played a role in the accident. Employers may also be liable for:
- Negligent supervision
- Negligent hiring practices
- Failing to verify proper licensing/ certification
- Improperly properly train drivers
- Poor vehicle maintenance
Whether a company is local to the San Antonio area, or just passing through on a major highway, it can still be held liable if the vehicle was used for personal business. Car owners have a requirement to use due care even if another person is driving the vehicle. An expert San Antonio commercial vehicle accident lawyer can investigate your situation. The Carlson Law Firm will make sure the employer properly checked the employee’s driving or medical records. We will also check for other conditions that could have impacted a company car driver’s ability to safely use the vehicle. Our firm can help you hold a company liable for negligent entrustment of the vehicle.
Respondeat Superior Liability
The phrase respondeat superior is a Latin term that lawyers sometimes use. The term may be “translated” as:
If an employee:
- Is at fault for an accident (or an incident); and
- Was doing work for a company at the time of the accident/incident (lawyers will often refer to this as “acting within the scope of employment”); then
- The employer may be held liable for damages arising from the accident/incident.
A San Antonio commercial vehicle accident lawyer from The Carlson Law Firm will prove whether the other driver was at-fault. We will also examine the company’s records. The business could be liable for damages related to their supervision.
Acts Within the Scope of Employment
An expert San Antonio commercial vehicle accident lawyer will determine whether or not an act was committed within the scope of employment. Without proper knowledge, this can be an extremely difficult task. Fortunately, courts have adopted a number of factors to help resolve this issue. Although laws differ from state to state, common factors include:
- The intent of the employee
- Nature, time, and place of the employee’s conduct
- Type of work the employee does
- Incidental acts the employer should reasonably expect the employee to do
- Amount of freedom allowed to the employee in performing his or her duties, and
- Length of time consumed in the personal activity
The vehicle operator is held liable when:
- The damages were intentional, or the driver was doing something he was not employed to do: If a commercial truck driver should be en route to his delivery destination, but they stop for a reason that is outside the scope of employment and ends up causing a crash, the driver may be held liable.
- The driver is independently contracted to do work for the company: If the driver is not directly considered an employee of the company that he is driving for, then the driver will usually be held accountable for the damages. For example, a large company may not want to get involved in employing truck drivers and purchasing their own trucks for their employees to drive. Instead, they can write up contracts with a third party trucking company and get the same results. Liability would fall on the driver, or possibly the company that the driver is actually employed by.
If You are Hit By A Company Car or Truck
High populations lead to congested roads. Congested roads lead to more accidents. If you are involved in an accident with a commercial vehicle, there are steps you can to protect your rights.
- Your health comes first: Seek appropriate medical attention for your injuries. Always call 9-1-1 after an accident, they will make sure you receive proper medical attention and will file incident reports.
- Document the scene: If you’re able to, document the scene of the crash. Take photographs of everything you see, no detail is too small. Depending on the severity of the crash, companies may send someone out to the scene to start cleaning up the mess, in an attempt to hide evidence. If you’re unable to document the scene yourself, contact an attorney. An attorney will dispatch an investigator to the scene immediately.
- Do not talk to anyone: The company’s claims adjuster may also contact you, who began to protect the trucking company’s interests right after your accident. The designated investigator collects evidence to defend or minimize the claim.
- Contact a Commercial Vehicle Accident Attorney: A commercial adjuster may attempt to steer you away from hiring a San Antonio Commercial Vehicle Accident Lawyer because they know that if you have an attorney, you are more likely to receive a larger settlement. An attorney will protect your rights and will ensure that you receive proper compensation for your injuries and losses.
A San Antonio Commercial Vehicle Accident Lawyer Can Help
We know all too well that accident can add stress to your life. We also know that this stress is not limited to physical pain. The aftermath of an accident includes stress from growing medical bills, financial distress, and emotional suffering. But you don’t have to go through this journey alone. A compassionate San Antonio Commercial Vehicle Accident Lawyer can help you get the justice you deserve. If a company car or truck crashed into your vehicle, The Carlson Law Firm is the legal representation you need.
Our firm has been protecting the rights of injured victims across the nation for more than 40 years. At The Carlson Law Firm, our first priority is your health and well-being. First, we will make sure that you receive proper medical treatment for any injuries caused by the accident. Next, our private investigators will begin the behind the scenes research to prove negligence. Once we have all the necessary evidence, a San Antonio commercial vehicle accident lawyer will begin the process of pursuing your claim.
With The Carlson Law Firm, you’ll have an entire team on your side.