Commercial vehicle accidents involving trucks, vans, buses, and other company-owned vehicles can result in severe injuries, extensive property damage, and complex legalities. The Law Office of David J. Lopez specializes in handling cases related to commercial vehicle accidents, offering expert legal representation to those affected. As a commercial vehicle accident attorney in Austin, we are dedicated to ensuring victims receive the support, compensation, and justice they deserve.
Commercial Vehicle Accidents, Defined
Commercial vehicle accidents include collisions involving vehicles owned and operated by businesses or for commercial purposes. These accidents can involve various types of vehicles, including delivery trucks, cargo vans, buses, taxis, and commercial trailers. What distinguishes commercial vehicle accidents from other vehicle accidents are details like the ownership, operation, and liability associated with these vehicles.
Liability in commercial vehicle accidents can extend beyond the driver to include the company or entity that owns or operates the vehicle. Identifying the responsible party may require an investigation of factors like driver qualifications, vehicle maintenance records, adherence to safety regulations, and compliance with commercial vehicle insurance requirements. Due to the potential complexity of these accidents, seeking legal counsel is essential for those involved. We protect your rights and help you receive the compensation you deserve.
Steps to Take Immediately After Commercial Vehicle Accidents:
- Move to a safe location if possible to prevent further harm.
- Contact emergency services to report the accident and request medical assistance.
- Collect contact details and insurance information from all parties involved.
- Take photos and notes about the accident scene, including vehicle positions and damages.
- Even if injuries seem minor, get checked by a healthcare professional.
- Ensure a police report is filed, which can be crucial for insurance claims.
- Get contact information from any witnesses at the scene.
- Seek legal advice from Mr. Lopez or your specialized commercial vehicle accident attorney in Austin to protect your rights and navigate the legal process effectively.
How We Gather Evidence in Commercial Vehicle Accidents:
- Collect detailed accounts from bystanders and other drivers to corroborate negligence claims.
- Use witness testimony to establish whether the commercial vehicle driver was acting recklessly or aggressively.
- Retrieve and analyze data from the commercial vehicle’s electronic control module (ECM), often referred to as the “black box.”
- Examine speed, braking patterns, and other critical data recorded just before the accident.
- Obtain footage from cameras installed in the commercial vehicle, which may face the road, the driver, or both.
- Use video evidence to determine if the driver was distracted, fatigued, or engaging in other misconduct.
- Review records from electronic logging devices (ELDs) to verify compliance with Federal Motor Carrier Safety Administration (FMCSA) hours of service regulations.
- Identify instances where the driver may have exceeded legal driving hours, contributing to fatigue.
- Examine hiring and supervision records to identify negligent practices, such as insufficient background checks or lack of drug and alcohol testing.
- Investigate maintenance logs to ensure regular inspections and necessary repairs were conducted.
- Deploy investigators and expert consultants to the accident site to gather physical evidence and reconstruct the accident.
- Analyze skid marks, vehicle damage, and road conditions to support fault determination.
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Commercial Vehicle Accidents FAQs
What constitutes a commercial vehicle accident?
A commercial vehicle accident involves any incident where a business-owned or commercially operated vehicle is involved. This includes delivery trucks, buses, cargo vans, taxis, and company cars, i.e., vehicles used for commercial purposes or owned by businesses.
Who can be held liable in a commercial vehicle accident?
Liability in commercial vehicle accidents can extend to various parties. It may include the driver, the vehicle owner, the company employing the driver, or even the manufacturer of the vehicle. The determination of liability depends on the specific circumstances of the accident.
What challenges might I face in a commercial vehicle accident claim?
Claimants in commercial vehicle accident cases often encounter challenges like dealing with commercial insurance companies, proving liability, and navigating complex regulatory requirements. It’s best to contact your attorney promptly to handle the case. A commercial vehicle accident attorney in Austin can negotiate with insurance companies, gather necessary evidence, and ensure you receive fair compensation.
What compensation is available in commercial vehicle accident cases?
Compensation in commercial vehicle accident cases can include medical expenses, lost income, property damage, pain and suffering, and, in cases involving gross negligence, punitive damages. The specific compensation depends on the circumstances of each case.
What if the driver was at fault but is underinsured?
If the driver responsible for the accident is underinsured, your attorney can explore additional sources of compensation. This may involve pursuing claims against the employer’s liability insurance or utilizing your underinsured motorist coverage to help you receive compensation.
Should I accept a settlement offer from the commercial vehicle's insurance company?
Please consult with an attorney before accepting any settlement offer from the commercial vehicle’s insurance company. Insurance companies often aim to minimize payouts, and an attorney can assess whether the offer adequately addresses your damages and losses.
Can family members claim compensation in case of a fatality in a commercial vehicle accident?
Yes, family members of a deceased individual resulting from a commercial vehicle accident can file a wrongful death claim. This claim may seek compensation for various losses, including funeral expenses, loss of financial support, and loss of companionship.
Can I claim compensation if I am injured in a commercial vehicle accident?
Yes, if your injuries are the result of someone else’s negligence in a commercial vehicle accident, you have the right to claim compensation. This compensation can cover various damages, including medical expenses, lost wages, pain and suffering, and property damage. Seek the help of an expert commercial vehicle accident attorney in Austin to help you handle your case with ease.
How long do I have to file a claim after a commercial vehicle accident?
The statute of limitations for filing a claim after a commercial vehicle accident varies by jurisdiction. In most cases, it is typically two years from the date of the accident. However, it is advisable to consult with an attorney promptly to ensure that deadlines are met.
Meet David J. Lopez JD
Mr. Lopez brings a deep-rooted work ethic to his practice, inspired by generations of hardworking family members who shaped his values.
He earned his bachelor’s degree from The University of Texas at Austin in 2011, followed by his law degree from Texas A&M University School of Law in 2014.
Mr. Lopez is passionate about championing the underrepresented, dedicating his practice to advocating for individuals who often lack a voice. As an expert in personal injury law, he can manage all aspects of your commercial vehicle accident case in Austin, TX.
Why Choose Us?
The Law Office of David J. Lopez is committed to offering strong, reliable representation to individuals involved in commercial vehicle accidents. We are committed to getting the best possible outcome for your case and supporting you through every stage of the process. Furthermore, we ensure that you can maintain direct communication with Mr. Lopez and your commercial vehicle accident attorney in Austin at all times. Please schedule your consultation with Mr. Lopez to explore your legal options and secure the representation you deserve.