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Commercial Motor Vehicle Accidents

Commercial Motor Vehicle Accident and Injury Attorneys Representing Injury Victims in the Greater Houston Area and throughout the State of Texas.

Disclaimer:. This article is for informational purposes only, and nothing presented in this article should be interpreted as legal advice in relation to any specific situation. Nothing in this article is meant to create any attorney-client relationship, No amount of internet research is going to be a proper substitute for the professional expertise of an experienced and knowledgeable personal injury attorney to help you understand the factual and legal issues presented by your specific situation. If you choose to act upon any information presented in this article without consulting with a qualified attorney, please understand that you are doing so at your own risk.

 

If You or a Loved One Was Injured in a Crash with a Commercial Motor Vehicle, Contact Our Office for a Free Consultation, Our Experienced Houston Accident and Injury Lawyers are Here to Help.

If you or a loved one were injured in a car accident caused by a commercial vehicle, please contact our office today to schedule a completely free consultation,. Our experienced accident and injury attorneys will be happy to discuss the specifics of your claim with you, answer any questions you may have about your potential case, and explain your legal rights and options. Our law firm has helped numerous clients in the greater Houston area and throughout the State of Texas successfully obtain full and fair compensation for their injury damages, including many cases involving injuries caused by car accidents, truck accidents, and accidents involving other commercial vehicles.

We represent all accident and personal injury clients on a contingency fee basis, meaning if you hire us to represent you in your personal injury claim, you will never have to pay any out-of-pocket costs for our legal services we will advance any and all costs needed to move your claim forward, and we only collect a fee if we successfully recover money to compensate you for the damages you suffered as a result of your accident.

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No One Plans on Getting Injured in a Car Accident, Especially One that is Caused by the Fault of a Commercial Vehicle

 

Car accidents are always sudden and unexpected. No one plans to be involved in any car accident, especially a crash caused by a commercial vehicle. Dealing with the aftermath of a car accident that injured you is difficult enough, but it is often even harder to deal with the injuries and aftermath of a car accident when a commercial vehicle caused the crash and the resulting damages. Commercial vehicle accidents often cause more severe injuries and damages due to the larger size and weight of the commercial vehicles involved, and commercial vehicles often have liability insurance policies for much larger amounts than “regular” non-commercial vehicles. For these reasons,  insurance companies often handle injury claims involving commercial vehicle accidents much more aggressively than non-commercial vehicles, and devote significantly more time, money, attention, and resources to wrongfully blame the injury victims for causing the crash and try to avoid paying them for the damages they suffered from the crash or to pay as little as possible for the damages caused to the injury victims of a car accident caused by a commercial vehicle.

While insurance companies also engage in these tactics in their handling of car accident claims involving non-commercial vehicles, when a commercial motor vehicle is responsible for causing the crash and resulting injuries, the frequency and intensity of insurance companies behaving this way is significantly higher with injury claims involving car accidents caused by a commercial vehicle, because of the possibility that the insurance company will have to pay out a much higher amount of money to fully compensate the injury victims for the damages caused by the crash.

 

What is a Commercial Vehicle and How are Commercial Vehicle Accidents Different From Accidents Involving “Regular” Personal Vehicles?

 

What is the Definition of a Commercial Motor Vehicle According to the Federal Motor Vehicle Carrier Safety Administration (FMCSA”)?

Like many questions involving the law, there is no single definitive answer to the question of what constitutes a “commercial vehicle”, and the real answer is that it depends on which definition is being used.

One definition of what constitutes a commercial vehicle is the one adopted by the Federal Motor Carrier Safety Administration, which regulates trucks, semi-trucks, buses, and other larger vehicles that are used in interstate commerce. The Federal Motor Carrier Safety Administration uses the following definition  of a “commercial motor vehicle” in 49 USC § 311.32 (1):

““Commercial motor vehicle” means a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the vehicle—

(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;

(B) is designed or used to transport more than 8 passengers (including the driver) for compensation;

(C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

(D) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.

In the context of determining whether something is classified as “commercial motor vehicle” The FMCSA uses the following definition of “interstate commerce” which provided in 49 USC § 311.32 (4): ‘‘interstate commerce’’ means trade, traffic, or transportation in the United States between a place in a State and— (A) a place outside that State (including a place outside the United States); or (B) another place in the same State through another State or through a place outside the United States.

Gross Vehicle Weight Rating ("GVWR") is the highest permissible weight of cargo, passengers, etc. that a vehicle can safely handle transporting. In other words, it is the total weight of the vehicle itself, plus the maximum weight of all the cargo and passengers the vehicle can safely transport, as determined by the manufacturer.

The GVWR is determined by vehicle manufacturers based on the testing that occurs before any new vehicle is released into the market, and measurements such as the suspension system, frame, axles, wheels and other components bearing the load. This weight, the vehicle’s GVWR, encompasses the total weight of the vehicle’s mass (often called the curb weight) and any additional payload, including passengers, cargo, gasoline, or equipment. Gross Vehicle Weight Rating (GVWR) is the highest permissible gross vehicle weight rating a vehicle can safely handle. This weight, the vehicle’s GVWR, encompasses the total weight of the vehicle’s mass (often called the curb weight) and any additional payload, including passengers, cargo, or equipment, but does not include any attached trailers as part of the calculation. The Department of Energy classifies commercial motor vehicles into various categories based on their GVWR.

The FMCSA also requires drivers of Commercial Motor Vehicles to have a valid Commercial Driver's License, frequently abbreviated as a “CDL.”

What is the Definition of a Commercial Motor Vehicle According to Texas Law?

 

Texas law has several of its own definitions of what constitutes a “commercial motor vehicle” depending on the context in which the phrase is being used. Texas law recognizes and includes the definitions used by the Federal Motor Carrier Safety Administration in determining whether something qualifies as a “commercial motor vehicle.” However, the definition of what potentially qualifies as a "commercial motor vehicle” under Texas law is broader and includes vehicles which are not defined as “commercial motor vehicles” by the Federal Motor Carrier Safety Administration and are not regulated by the Federal Motor Carrier Safety Regulations.

Like the FMCSA, Texas Transportation Code Chapter 522 requires drivers of vehicles that qualify as “commercial motor vehicles” under the definition used by the FMCSA to have a Commercial Driver License “CDL”.

 

What are the Different Types of Commercial Driver Licenses Issued by the State of Texas?

 

There are three different types of Commercial Driver Licenses ("CDL"s) in Texas, Class A, Class B, and Class C.

A Class A Commercial Driver License "CDL" is the most permissive type of CDL issued by the State of Texas and drivers who have this type of license may operate any combination of vehicles with a gross combination weight rating (GVWR) of 26,001 or more pounds, provided the towed vehicle is heavier than 10,000 pounds. With the proper endorsements, this would include vehicles such as tractor-trailers, tank vehicles, flatbeds, and truck-trailer combinations.

A Class B Commercial Driver License "CDL" issued by the State of Texas allows drivers to operate a single vehicle with a gross combination weight rating (GVWR) of 26,001 or more pounds; or a combination of vehicles where the vehicle being operated is 26,001 or more pounds but the towed vehicle does not exceed 10,000 pounds. Common examples of commercial vehicles that would typically be driven by someone with this type of license would include box trucks, straight trucks, small dump trucks, buses, and tractor-trailers with smaller trailer loads under 10,000 pounds.

Unlike many other states, Texas also issues a Class C Commercial Driver License "CDL" which allows drivers to drive vehicles not requiring a Class A or Class B license but which are designed to transport 16 to 23 passengers including the driver, or used in the transportation of hazardous materials requiring the vehicle to have placards.

Texas also allows the drivers of larger motor vehicles which are generally non-commercial in nature to obtain a  Class A or Class B Exempt (Non-Commercial) Driver License

 

Do Vehicles that Don’t Require the Driver to Have a Commercial Driver License “CDL” Possibly Qualify as “Commercial Motor Vehicles” Under Texas Law?

 

In many situations, the relevant definition of a “commercial motor vehicle” under Texas law includes many types of vehicles that do not require a Commercial Driver License “CDL” to operate them.

Texas Civil Practice and Remedies Code Chapter 72, Subchapter B was enacted into law in 2021 and applies to cases filed in Texas State Court on or after September 1, 2021.

The definition of a commercial motor vehicle provided by Texas Civil Practice and Remedies Code Chapter 72, Subchapter B, Section 72.051 (4) is the following:

Commercial motor vehicle means: a motor vehicle being used for commercial purposes in interstate or intrastate commerce to transport property or passengers, deliver or transport goods, or provide services. The term does not include a motor vehicle being used at the time of the collision for personal, family, or household purposes.

This is clearly a much more expansive definition of what qualifies as a “commercial motor vehicle” under Texas law and includes many types of vehicles which are not large enough to require a Commercial Driver License that are being used by a business in the course and scope of its business activities when it is involved in a crash.

What are Some Common Examples of Commercial Vehicles?

 

Some of the most obvious examples of commercial vehicles would include the following:

  • Trucks, tractor-trailers, semi-trucks, eighteen-wheelers and other similar vehicles being used during the course and scope of employment to transport or deliver passengers or goods or provide commercial services
  • Delivery service vehicles being used during the course and scope of employment, such as vehicles being used to transport or deliver goods for companies such as Amazon, Fedex, or UPS
  • Box trucks, delivery vans, and other smaller vehicles used by companies to transport or deliver goods or passengers or provide services, even if they are not large enough to require a Commercial Driver License (CDL) to operate
  • Charter buses, vans, and other vehicles used by for-profit companies to transport passengers during the course and scope of providing commercial services. 
  • Any other vehicle (including “regular”) passenger vehicles being driven for commercial purposes to transport passengers, deliver goods, or provide commercial services at the time of the accident. 

It is important to note that the above list does not necessarily cover every possible scenario in which a vehicle involved in an accident is classified as a commercial vehicle. In some situations, the fact that a vehicle involved in a crash is a commercial vehicle will be fairly obvious at the crash scene, as it will fall into one of the above-listed categories or have clear and visible decals and other displays indicating that it is a company vehicle belonging to a business or commercial entity.

 

In Some Situations, it May Not be Immediately Obvious that a Commercial Motor Vehicle is Involved in the Crash Until Further Investigation into the Relevant Facts is Conducted.

 

In other situations, a vehicle’s status as a commercial vehicle will not be readily apparent at the crash scene, and will only become clear after further investigation is conducted to determine who owned the vehicle at the time of the crash, who was driving it when the crash happened, why they were driving it, and what type(s) of liability insurance coverage are available to cover the damages caused by the vehicle in the crash due to the relevant facts leading up to the crash.

Some real-life examples from past cases where our law firm represented car accident victims injured in a crash where the vehicle appeared to be a “regular” vehicle based upon the information which was initially known but was revealed to qualify as a commercial vehicle after further investigation into the claim included the following:

  • A “regular” vehicle brought into a mechanic shop for diagnostic and repair work by a customer which was being driven by the repair shop employee at the time of the crash to determine if the issues complained of by the customer were fully fixed after maintenance and repair work had been completed. The fact that the vehicle was being driven by the mechanic shop employee as part of the course and scope of the mechanic shop’s business meant that the severe damages suffered by our client from the crash were covered by a commercial auto insurance policy with much higher limits than an individual policy and there was significantly more money available to compensate our client for the injuries sustained from the crash.
  • A “regular vehicle” which was used by a meter reader in the course and scope of their work obtaining utility meter readings from the houses and buildings in their assigned territory at the time of the crash. Because the vehicle was being used by the meter reader in the course and scope of work being performed for the utility company, the vehicle was covered by the utility company’s commercial liability insurance policy with significantly more money available to provide compensation for the client’s injuries.
  • A “regular vehicle” which was owned by a company and provided to an employee who was driving it while on the clock to go from one assigned job site to another, as directed by the employee’s supervisor and other company officials. The vehicle’s use for company business meant that the company’s auto insurance policy applied which provided much higher amounts to fully compensate our client for the injuries suffered from the crash than the amounts a personal auto insurance policy would have provided.

These examples are also not an exhaustive list, and the bottom line is that a vehicle’s status as a commercial vehicle may not be immediately obvious until further investigation is conducted to determine all of the relevant facts and issues regarding whether the vehicle is properly classified as a personal vehicle or a commercial vehicle.

What About Uber, Lyft, and Other Rideshare Transportation Services? If the Driver of One of these Vehicles is Involved in a Crash, is Their Vehicle Classified as a Commercial Vehicle?

The shortest answer to this question is: maybe, and it depends on the specific facts of the case. Uber, Lyft, and other rideshare services generally argue that under their business model, their drivers are independent contractors as opposed to employees. So far, Uber and Lyft have achieved some initial success in presenting these arguments in court and obtaining results that allow them to keep their drivers classified as independent contractors as opposed to full-time employees. However, this argument continues to be ongoing in various jurisdictions throughout the United States and other parts of the world, and the issue is a long way from being fully and finally settled.

One of the main reasons Uber, Lyft, and other rideshare companies seek to keep their drivers classified as independent contractors as opposed to full-time or part time employees is to avoid having to pay the drivers the additional salary, wages, and benefits that most jurisdictions require to be provided to full-time and part-time employees by the companies they work for.

The other main reasons rideshare companies like Uber and Lyft seek to maintain the current status quo where their drivers are classified as independent contractors rather than employees is to limit the potential legal liability faced by Uber, Lyft, and other rideshare companies for accidents caused by their employees and other situations where an employer would potentially be liable, but a company hiring independent contractors may not be, such as the consequences resulting from the lack of a proper background check being performed by the rideshare company before allowing the driver to transport passengers using the rideshare service.

Generally speaking, many drivers who transport passengers (or deliver food or other goods) for Uber, Lyft, and other rideshare services use their own vehicles to do so, while others participate in a program where they lease the vehicles from either the rideshare company itself or a third party with the help of the rideshare company.

The rideshare driver has an app with one or more of the rideshare companies, which the driver turns on when they want to be connected to potential orders to transport people or goods, and turns off when they don’t want to be working. According to the terms of service of Uber, Lyft, and most other rideshare companies, there is different liability insurance that covers the driver depending on whether the app is turned on or off and what the driver is doing at the time of a crash, i.e. whether they are actively in the process of picking up or delivering a passenger or a transport order, or whether they are running a personal errand.

In 2017, Texas passed a fairly comprehensive law, Texas Occupations Code Title 14 Subtitle C: Regulation of Transportation Services which sets out a number of detailed and specific requirements that apply to Uber, Lyft, and other rideshare companies which fall under the definitions provided in the statute. Since these statutes were enacted relatively recently, there have not been many court decisions in Texas jurisprudence resolving some of the current ongoing debates about the requirements of these laws and in what situations they apply.

Because Uber, Lyft, and other rideshare services are a relatively new phenomenon, the law relating to rideshare services and injury claims from accidents involving rideshare service vehicles is still evolving and developing, both in Texas and in other jurisdictions around the United States and in other parts of the world. You can read more about injury claims involving Uber and rideshare service accidents here.

 

What About Public School Buses, Firetrucks, Police Cars, and Other Vehicles Being Driven by Employees of a Texas Government Agency, Municipality, or Local Government Agency as Part of the Employee’s Job Duties? Are Those Vehicle Classified as a Commercial Vehicle?

 

The short answer is no. The definition of a commercial vehicle under Texas law generally does not does not include public school buses or other vehicles operated by employees of agencies or departments of any state, municipal, or local government agency of the State of Texas. Government agencies are not commercial companies and under Texas law claims for damages caused by motor vehicle crashes involving state, local, or municipal government agencies would usually be subject to and governed by the requirements of the  Texas Civil Practice and Remedies Code Section 101 et. seq., a.k.a the Texas Tort Claims Act. Car accident claims involving on-duty police vehicles, firetrucks, city vehicles, and most public or quasi-public transportation agencies which are part of any department, agency, or municipality of the State of Texas (including METRO buses) would also likely be subject to the requirements of the Texas Civil Practice and Remedies Code Section 101 et. seq., a.k.a the Texas Tort Claims Act.

The  Texas Tort Claims Act generally sets out the rules, requirements, and conditions for when an employee, agency, or department of any state, municipality, or local government agency in the State of Texas can be held liable for a personal injury claim and what procedural requirements must be followed in order to properly move forward with these types of claims.

Importantly, private bus services which are not part of a government agency, department, or municipality of the State of Texas may be legally classified as commercial vehicles and may not be subject to the requirements and limitations of the  Texas Tort Claims Act.

What About Vehicles Being Driven by Employees of a U.S. Federal Government Agency, as Part of the Employee’s Job Duties Like a Postal Service Vehicle? Are Those Vehicle Classified as a Commercial Vehicle Under Texas law?

 

The short answer is no. In most situations, claims for injuries caused by car accidents driven by federal employees while they are on the job would be governed by United States federal law, which overrides Texas State law if there is any conflict between the two under the doctrine of Federal preemption. Usually, claims for injuries caused by car accidents involving the vehicles of any agency of the Federal Government of the United States would be controlled by and subject to the provisions of the Federal Tort Claims Act.

The Federal Tort Claims Act generally sets out the rules, requirements, and conditions for when an employee of any agency or department of the Federal Government of the United States can be held liable for a personal injury claim, and what steps and procedures must be followed to properly bring these types of claims against the Federal Government and its agencies.

 

What About Ambulances? Are Those Vehicle Classified as a Commercial Vehicle Under Texas law?

 

The short answer is it depends on the details. If the ambulance is owned by or being used by any agency, municipality, or other governmental entity which is part of the government of the State of Texas, including any hospital which is a county hospital, public hospital, or otherwise operated by an agency of the State of Texas, it would most likely not be classified as a commercial vehicle and would be subject to the requirements of the Texas Civil Practice and Remedies Code Section 101 et. seq., a.k.a the Texas Tort Claims Act.

Conversely, if the ambulance is not being owned or operated by any government agency of the State of Texas and is instead owned and operated by a private company, there is a strong chance that the ambulance would not fall under the regulations of the Texas Civil Practice and Remedies Code Section 101 et. seq., a.k.a the Texas Tort Claims Act and would instead be classified as a commercial vehicle.

One additional note about accidents involving ambulances is the potential application of Texas Civil Practice and Remedies Code Chapter 74, which generally applies to all Texas personal injury claims which relate to allegations of medical malpractice, with very limited exceptions. Texas Civil Practice and Remedies Code Chapter 74 would likely be inapplicable to claims made by third parties in a different vehicle who happened to be injured in a crash involving an ambulance due to something the ambulance driver did or failed to do which caused the crash. For someone who was being transported inside of the ambulance when the crash occurred, a good argument could be made that Texas Civil Practice and Remedies Code Chapter 74 would not apply to claims based solely on the fact that the ambulance driver did or failed to do something that caused a car accident and injured the ambulance passenger. However, the Texas jurisprudence applying Texas Civil Practice and Remedies Code Chapter 74 has indicated that based upon the language of the statute as passed by the Texas Legislature, the reach of Texas Civil Practice and Remedies Code Chapter 74 is broad and expansive and may often apply to situations and scenarios which may not appear to involve medical malpractice at first glance.

What About Crashes Involving Vehicles Being Used by Agents or Employees of Charitable Organizations? Are Those Vehicle Classified as a Commercial Vehicle Under Texas law?

 

The short answer is no. Charitable organizations are not commercial entities, as they do not operate to make a profit and are classified as distinct organizations with their own applicable rules and regulations with tax-exempt status pursuant to IRS Code 501(c)(3).

In Texas, injury claims against charitable organizations which are classified as tax-exempt pursuant to the requirements of IRS Code Section 501 , including claims for injuries caused by car accidents involving vehicles being driven by agents or employees of the charitable organization as part of their work, are regulated by the provisions of Texas Civil Practice and Remedies Code Chapter 84.

 

What Are Some Important Differences Between Injury Claims Involving Commercial Vehicle Accidents as Opposed to Injury Claims Involving Crashes With Personal Vehicles?

 

Commercial Vehicles are Often More Stringently Regulated than “Regular” Vehicles Because they are Often Harder to Drive, Larger, and Have a Higher Risk of Causing Serious Injury or Death in a Crash

There are several key differences between commercial vehicle accident injury claims and injury claims for accidents caused by personal vehicles. For example, commercial vehicle drivers and the companies who hire them may be subject to more strict regulations regarding their training, hiring, and monitoring practices that do not apply to ordinary people driving non-commercial vehicles.

One of the best examples of this is the Federal Motor Vehicle Safety Regulations, which govern many aspects of trucking and transportation companies and their drivers who use commercial vehicles in interstate commerce. The main reason for these additional rules and regulations is to promote and increase safety, and reduce the number of injuries and deaths caused by truck accidents, which frequently cause more severe injuries and damages and have a higher risk of causing death than “regular” non-commercial vehicles due to the increased size and weight of trucks, which usually makes them cause more significant impact forces in a crash than “regular” vehicles.

The same heightened standards of safety and regulation also apply for many other commercial vehicles for the same reasons as they do to trucks. These vehicles tend to be bigger, more difficult to drive, and likely to cause more severe damages if they are involved in a crash. This is part of the reason why the State of Texas and other United States jurisdictions require additional training and a special Commercial Driver License ("CDL") to legally drive vehicles which exceed a certain Gross Vehicle Weight Rating (vehicles that weigh more than a certain amount).

Commercial Vehicles are Used by Companies as Part of their Business Model to Make Money, so they Owe a Greater Moral, Ethical, and Legal Obligation to Society to Adhere to Safety Standards and Practices than Ordinary Citizens Driving Personal Vehicles. The Duties of For-Profit Corporations to Emphasize and Promote Safety in Relation to Commercial Vehicles are Recognized by Applicable Texas Law.

Additionally, for-profit companies who put their employees in vehicles on Texas roads as part of their business model in order to make profits owe additional moral, ethical, and legal obligations to everyone sharing the road with these vehicles and society as a whole to take reasonable and appropriate measures to promote and maximize safety and reduce the risks that their employees will injure or kill someone while driving in the course and scope of performing a task that is earning the company money.

The Duties of For-Profit Corporations to Emphasize and Promote Safety in Relation to Commercial Vehicles are Recognized by Applicable Texas Law.

The law reflects societal norms and the social contract, as expressed through the legislation enacted by democratically elected representatives. The moral and ethical duties to prioritize and promote safety which are owed by for-profit companies and corporations who put employee drivers on Texas roads as part of their business model are recognized by Texas law and jurisprudence. Depending on the facts of the crash and the conduct of the employee driver and the company leading up to the crash, a company whose commercial vehicle is involved in a crash that injures or kills someone could potentially be liable for the following legal claims, depending on the specific facts which led up to the crash:

Negligent maintenance of a vehicle by a company Rayner v. Claxton, 659 S.W.3d 223, 251 (Tex. App.—El Paso 2022, no pet.)  (citing  Omega Contracting, Inc. v. Torres, 191 S.W.3d 828, 843 (Tex.App.—Fort Worth 2006, no pet.); Serv-Air, Inc. v. Profitt, 18 S.W.3d 652, 657 (Tex.App.—San Antonio 1999, pet. dism'd by agr.)

Texas Law Often Requires Commercial Vehicles to Have Significantly Higher Amounts of Auto Liability Insurance than Personal Vehicles to Pay for Injuries and Damages Caused by a Commercial Vehicle Crash.

Commercial vehicles are often larger and harder to drive than “regular” vehicles and are often more likely to cause serious injury or death than “regular” vehicles if they are involved in a crash. By definition, for-profit companies and corporations use their employees to drive commercial vehicles on Texas roads as part of the way in which that company makes a profit. Because of these factors, society as a whole recognizes that companies have an increased moral and ethical obligation to promote and prioritize safety in their practices and procedures related to the way they manage their commercial vehicles and the employees who drive them for business purposes. These elevated moral and ethical standards of safety which require a greater degree of care from for-profit corporations than ordinary citizens in relation to vehicle use are also reflected in applicable Texas law and jurisprudence, which allows for-profit corporations to be held liable for the injuries and damages resulting from a commercial vehicle accident if the actions of the employee driver and/or the company caused or contributed to the crash.

For all of these reasons, commercial vehicles are usually required by law to have significantly higher amounts of liability insurance to pay for the damages caused by a crash involving a commercial motor vehicle, including but not limited to any damages resulting from personal injuries or wrongful death caused by the crash.

The minimum amount of liability insurance coverage that a commercial vehicle is required to have will vary depending on the type of vehicle and the industry. In some cases, the insurance policies covering a specific commercial vehicle will have more than the minimum amount of liability insurance coverage, or there may even be a primary insurance policy and an additional excess or umbrella insurance policy to pay for the injuries and damages caused by the crash.

The total amount of liability insurance coverage available to pay for the injuries and damages of the victims of a car accident caused by a commercial vehicle is one of the many fact-specific issues that will differ from one case to another and will usually require further investigation to ascertain and confirm.

Because of the More Significant Damages Caused by Commercial Vehicle Accidents and Higher Insurance Liability Amounts, Insurance Companies Will Often Defend Commercial Vehicle Accident Claims Much More Aggressively than Claims Arising from Car Accidents Involving “Regular” Vehicles.

 

Because insurance companies usually want to avoid paying accident and injury victims any compensation at all or want to pay as little as possible in order to maximize their profits, they will frequently defend commercial vehicle accident injury claims much more aggressively than claims for injuries involving “regular” vehicles.

Often, the insurance company will immediately send a team of investigators and defense lawyers to the crash site to immediately start doing damage control, collect evidence which they may use to support their defenses in the case, and take other similar actions to give them as much of an advantage as possible to justify a denial of the claim or an unreasonably low offer of settlement.

Other tactics insurance companies often use in these situations is calling the accident victim shortly after the crash while they are still in severe shock from their injuries to try to get a recorded statement which may not accurately reflect how the crash actually happened and who was at fault due to the accident victim’s poor condition and inability to think and articulate clearly at the time the recorded statement is being given.

Another common tactic used by insurance companies in handling injury claims caused by an accident with a commercial vehicle is commonly referred to as Swoop and Settle. Shortly after the accident, while the injury victim is still in shock and does not have their full wits about them, a representative from the insurance company will contact them and offer them to immediately settle their injury claim for a paltry sum which is a small fraction of the claim’s true value. If the injury victim accepts the offer, they essentially sign away all of their rights to seek and recover full and fair compensation for the damages caused by the accident, often before they are even aware of the full extent of their injuries from the accident and how these injuries will impact them and their loved ones for a long time, sometimes even for the rest of their lives.

If You or a Loved One Was Injured in an Accident Caused by a Commercial Motor Vehicle, Contact Our Office Today for a Free Consultation Before You Talk to the Insurance Company.

Texas personal injury law is complicated, especially in relation to injury claims resulting from accidents caused by commercial vehicles. Before you talk to the insurance company, contact our office today to schedule a completely free consultation. Our experienced accident and injury attorneys will be happy to discuss the specifics of your claim with you, answer any questions you may have about your potential case, and provide you with the information you need to better understand your legal rights and make an informed decision regarding your situation.

We represent accident and injury victims on a contingency fee basis, meaning you never have to pay any out-of-pocket costs for our legal services if you hire us to represent you in your claim, we advance any and all costs needed to move your claim forward, and we only collect a fee if we successfully recover money to compensate you for the damages you suffered as a result of the accident. Our law firm has helped numerous clients in the greater Houston area and throughout the State of Texas successfully obtain full and fair compensation for their injury damages, including many cases involving injuries caused by car accidents, truck accidents, and accidents involving other commercial vehicles. Contact our office today to schedule a free consultation to discuss your situation and find out how we may be able to help you to receive full and fair compensation for your commercial vehicle accident and injury claim.