Did you or a loved one recently get hurt in an accident involving a commercial vehicle in San Antonio, Texas? Now is the time to contact George Salinas Injury Lawyers. You have rights as a crash victim. Our experienced San Antonio commercial vehicle accident lawyers can help you fight for the substantial monetary recovery you need and deserve.
George Salinas Injury Lawyers is a trusted name in personal injury litigation, helping crash victims and families in Texas win hundreds of millions of dollars in settlements and jury awards. Now, you can benefit from our award-winning team of trial attorneys and put over 110 years of combined experience in your corner.
Contact our law office in San Antonio, TX, or call at (210) 225-0909 today to get started. Your first consultation with our San Antonio commercial vehicle accident attorney is free.
How George Salinas Injury Lawyers Can Help You?
It can be tough to know what to do, where to turn for help, or who to trust after a catastrophic accident in San Antonio, TX. You certainly can’t trust the commercial trucking company or its insurer to put your best interests front and center. In fact, you should expect the defense to fight your claim for compensation at every turn.
Fortunately, you have the ability to level the playing field and force meaningful conversations by hiring an experienced San Antonio personal injury lawyer to handle your commercial vehicle accident case.
When you choose George Salinas Injury Lawyers, you force the commercial trucking company to take your case seriously. Our tenacious, client-focused strategies have helped us win some of the top verdicts and settlements in Texas over the past few years. In total, we’ve forced powerful corporations and insurance companies to pay our clients hundreds of millions in monetary awards.
Get the compassionate, trustworthy legal representation you deserve and count on us to:
- Launch a prompt, independent investigation into your commercial vehicle accident
- Evaluate dash cam footage, photographs of property damage and the scene of the accident, accident reports, maintenance and inspection reports, cell phone records, driver logs, medical records, witness statements, and other evidence we gather during the discovery process
- Enlist expert witnesses to consult as we build and value your commercial vehicle accident case
- Defend you against allegations of comparative negligence that could hurt your ability to recover compensation
- Depose witnesses and parties to your commercial truck accident
- Devise a strategy to force the defense to offer you a meaningful settlement during negotiations
- File your commercial vehicle accident lawsuit and bring it to trial, if necessary
Our San Antonio commercial vehicle accident attorneys work on contingency. We won’t get paid unless we win compensation for your commercial vehicle accident claim.
Reach out to our San Antonio personal injury lawyers to learn more about why you’ll want us fighting for you. Your first consultation is free.
What Is a Commercial Vehicle?
A commercial vehicle includes any vehicle used for business or commercial purposes rather than personal use.
This might include the following:
- Tractor-trailer
- Semi-truck
- Big rig
- Box truck
- FedEx or UPS delivery truck
- Amazon van
- Garbage truck
- Construction truck
- Dump truck
- Bus
- Pickup truck
- Refrigerated truck
- Flatbed truck
- Taxicab
At George Salinas Injury Lawyers, our San Antonio car accident lawyers advocate for clients who’ve been injured in all types of commercial vehicle accidents. Don’t hesitate to contact our legal team to discuss your case and discover how we can help you make things right.
Amazon Delivery Truck Accidents
Amazon delivery truck accidents are complicated because of questions about whether the truck drivers are employees of Amazon or not.
Painter v. Amerimex Drilling I, Ltd is a Texas case that makes clear that “an employer is vicariously liable for its employee’s negligent acts if those acts are within the course and scope of his employment.”
This means if an Amazon driver is classified as an employee, then victims of an Amazon truck delivery crash would be able to pursue a claim not just against the individual driver but against Amazon itself if the worker caused the collision while in the line of duty.
In most circumstances, drivers of Amazon trucks are not considered employees under current law. Instead, they work for separate third-party companies called Delivery Service Partners (DSPs), and thus Amazon is shielded from responsibility when they cause harm to victims as a result of their negligence behind the wheel.
However, the law is evolving regarding the relationship between Amazon and the professionals who deliver for the company. After a recent decision in a California case, a regional National Labor Relations Board Director said in August that Amazon is a joint employer with some of the contractors.
The Teamsters have argued that this decision should have national implications, but whether that will turn out to be the case or not remains up in the air and there will likely be uncertainty about this issue for the foreseeable future as Amazon, unions, and the National Labor Relations Board engage in disputes over the appropriate classification of drivers.
With a lack of clarity over who should bear responsibility, it’s important for victims to get legal help from a San Antonio delivery accident attorney after an incident with an Amazon van. An experienced attorney at George Salinas Injury Lawyers will work with you to understand current laws and to identify all potential defendants who could be responsible for harming you.
FedEx Delivery Truck Accidents
Like with Amazon delivery drivers, FedEx drivers are not considered to be employees of FedEx. Instead, the drivers are employed by independent contractors that work with FedEx directly.
Again, this can create complications. While crash victims can pursue claims against individual drivers, those drivers may not have sufficient insurance to cover expensive financial losses resulting from serious injuries. Being able to pursue a case against their employer would mean being able to recover from a defendant with deeper pockets and, likely, more insurance coverage.
At George Salinas Injury Lawyers, we will evaluate the circumstances of your accident carefully to determine if there is a larger company that could be responsible for paying for your damages and losses. We’ll explore all possible ways to assist you in getting the compensation you need to be “made whole” following the incident.
USPS Delivery Truck Accidents
USPS delivery truck accidents are complicated by the fact that US Postal Service workers are employed by the government. This means that if you want to pursue a claim, you run into sovereign immunity rules. These are a holdover from English common law that said you cannot sue the king except in special circumstances.
While you are allowed to make claims against government agencies in the U.S., you have to follow a special process for doing so that includes providing appropriate notice. You can use Standard Form 95, Claim for Damage, Injury, or Death to file your claim, and will need to provide information about the incident and the damages that you endured.
The USPS has six months to respond to your claim, and you must wait for their response before moving forward with a civil lawsuit if they won’t pay you a satisfactory amount of compensation for the losses the delivery truck accident caused you to experience.
Navigating the specific steps involved in suing government officials can be especially complicated, and you should not try to handle this alone because missing deadlines or making the wrong moves could result in you becoming unable to pursue your case to get compensated for losses.
George Salinas Injury Lawyers has extensive experience with claims involving the postal service and can help you after you were hurt in a crash with a delivery driver. We’ll take care of navigating the steps required to make your case and will maximize the chances you receive full and fair payment for all losses.
UPS Delivery Truck Accidents
Unlike Amazon and FedEx drivers, many — but not all — UPS drivers are employees of the company. If a UPS driver is an employee and causes an accident, you have the option to pursue your damage claim against UPS under Texas vicarious liability laws.
You do not have to prove that UPS was negligent or careless in any way when it comes to holding the business liable. In fact, the company may have done everything right, from vetting the driver’s credentials to providing adequate training to setting up company policies that encourage safe behaviors behind the wheel.
These factors don’t prevent you from holding the company accountable because the law says that workers are agents of their employers, or acting on their employer’s behalf when they are performing their work duties. As long as the UPS driver was doing their job at the time they caused the collision to occur, UPS can be held responsible.
You will, of course, have to prove the claim against the driver by showing that they had an obligation to you, that they breached that duty through negligence or intentional wrongdoing, and that they owe you compensation for the damages that resulted from their failures. You’ll also need to show the extent of your loss, including the actual economic damage you have experienced as well as the paint that you endured.
A San Antonio delivery accident attorney at George Salinas Injury Lawyers will assist you in making your case and in negotiating a settlement or going to court to get UPS to pay you the money you need to rebuild after a driver that they employ causes you to be hurt behind the wheel.
Who’s Liable for an Accident With a Commercial Vehicle?
Since these vehicles are used for business, accidents and resulting liability are more complex. You can potentially hold the negligent commercial truck driver responsible for an accident, as well as the company that owns the commercial vehicle.
Under the theory of vicarious liability, an employer is responsible for an employee’s negligent or wrongful actions.
A commercial vehicle owner can also be liable for its own negligence, including negligent hiring, negligent training, or negligent vehicle maintenance. Violations of applicable safety regulations established by Texas state law or the Federal Motor Carrier Safety Administration (FMCSA) can also open a vehicle owner up to liability for a crash.
In addition to the commercial vehicle driver and vehicle owner, you may also have a legitimate claim for damages against a:
- Property owner
- The driver of a passenger vehicle
- Motorcyclist
- Bicyclist
- Pedestrian
- Government agency
- Manufacturer
Ultimately, anyone who causes an accident – in whole or in part – can be on the hook for a victim’s resulting damages.
What Causes Commercial Vehicle Accidents?
Commercial vehicle accidents are largely avoidable. They tend to happen when people or companies make mistakes. This is why the primary cause of action in most commercial vehicle accident lawsuits is negligence.
Some of the top causes of commercial vehicle crashes include:
- Speeding
- Distracted driving
- Drug and alcohol use
- Unsafe/improper cargo load
- Sharp turns
- Illegal turns
- Unsafe passing
- Tailgating
- Braking errors
- Fatigued driving
- Failure to yield the right of way
- Vehicle defects
- Road defects
- Bad weather conditions
Our experienced San Antonio truck accident lawyers will carefully investigate your wreck to understand precisely why and how it happened. Once we understand the cause, we can begin to strategize a way to help you get the compensation you deserve from those at fault.
What Is My Commercial Vehicle Accident Case Worth?
The value of commercial vehicle accidents may vary, but the following factors often influence these cases:
- The severity of your injuries
- The available insurance policies
- Vehicle damage
- Time missed from work
- Impact of the injuries on your quality of life
A skilled attorney can help you accurately evaluate what your case is worth.
What Damages Are Available to Victims of Commercial Vehicle Accidents in San Antonio?
Following a commercial vehicle accident in San Antonio, you may have the right to seek compensatory awards for your financial losses (economic damages) and trauma that’s more difficult to value (non-economic damages).
This can help you get money for:
- Current and future medical bills
- Rehabilitation
- Nursing care
- Out-of-pocket expenses
- Disability
- Lost wages and income
- Diminished earning capacity
- Property damage
- Funeral expenses
- Pain and suffering
- Loss of consortium
- Inconvenience
- Chronic physical pain
- Mental anguish
- Post-traumatic stress disorder
- Reduced quality of life
- Embarrassment
- Disfigurement and physical scarring
If you can prove that the defendant’s conduct was intentional or grossly negligent, a jury will also have the discretion to award punitive damages at trial.
Expect the defense to argue that your injuries aren’t too severe and that the commercial vehicle collision hasn’t really affected your quality of life. Trust our San Antonio commercial vehicle accident attorneys to fight these claims at every turn. Working with experts; our law firm will craft a case that proves your losses and sets you up for the substantial settlement offer you deserve. If the defense refuses to accept responsibility for your trauma, our award-winning Texas trial attorneys will be ready to go to court.
What if I’m Being Blamed for the Commercial Vehicle Accident?
Texas is a modified comparative negligence state. Even if you’re partially to blame for the commercial vehicle accident, you can recover some compensation. However, you are barred from recovering damages if you are more than 50% at fault for the accident.
Common Commercial Vehicle Accident Injuries
Commercial vehicles tend to be much larger than other vehicles on the road. They’re also heavier and more difficult to navigate. In an accident, they can do considerable damage – and it’s often the occupants of smaller vehicles that suffer the worst injuries.
At George Salinas Injury Lawyers, we advocate for clients who’ve suffered all types of injuries in car accidents with commercial vehicles, including:
- Burn injuries
- Broken bones and fractures
- Spinal cord injuries
- Neck injuries
- Back injuries
- Whiplash injuries
- Concussion injuries
- Traumatic brain injuries
- Crushing injuries
- Chest injuries
- Nerve damage
- Eye injuries
- Soft tissue injuries
- Leg injuries
- Knee injuries
- Amputation injuries
- Degloving injuries
- Catastrophic injuries
- Wrongful death of a loved one
Prioritize reporting your accident and seeking medical treatment. Once your condition is stable, don’t hesitate to contact George Salinas Injury Lawyers’ San Antonio law office to discuss your situation with a member of our trusted legal team. We’re here to answer your call 24 hours a day.
How Long Do I Have to File a Lawsuit After a Commercial Vehicle Accident in Texas?
Texas has a two-year statute of limitations that applies to most commercial vehicle accident cases. This will typically give you two years from the date of your commercial vehicle accident (or loved one’s wrongful death) to formally seek damages from a liable party.
You have to file your claim before the deadline expires. You lose the right to demand compensation once the statute of limitations runs out.
Protect yourself by reaching out to George Salinas Injury Lawyers for help as soon as you can after a life-changing accident. We can begin to work on your commercial vehicle injury claim as soon as you ask for our help.
Contact A San Antonio Commercial Vehicle Accident Attorney Today
When you’ve suffered catastrophic injuries in a commercial vehicle accident, it’s important to take time to focus on your recovery. Call George Salinas Injury Lawyers, and we’ll handle all aspects of your commercial vehicle injury claim while you concentrate on getting back on your feet.
Our team of top-rated San Antonio commercial vehicle accident lawyers have more than 110 years of collective experience. We’ve helped our clients win hundreds of millions in damages. Now, we’re here to be your fiercest advocate, too.
Contact our law office in San Antonio, TX, today to learn more and schedule a time for a free consultation or call (210)-225-0909.