TL;DR
Legal options after being struck by a commercial vehicle in Texas include:
- You can file a claim against the driver or their employer.
- It may also be possible to pursue claims against other parties who may be responsible.
- You can use your own PIP or UM/UIM insurance coverage.
- Fielding Law can help you find every possible source of compensation and make sure your claim is protected.
If you are hit by a commercial vehicle in Texas, you have more legal options than just filing a regular insurance claim.
Getting hit by a delivery van, utility truck, work pickup, or 18-wheeler usually means a business is involved. Their insurance company often tries to pay as little as possible.
Fielding Law helps Texans injured in truck and company vehicle accidents across North Texas.
Are crashes involving company vehicles different from car wrecks?
A commercial vehicle is any vehicle used for business, like a box truck, courier van, plumbing or cable truck, tow truck, shuttle bus, or even an employee’s personal car used for work. Here are three ways these cases stand out.
1. More money is on the line
Most Texas drivers carry the minimum $30,000 per person in coverage. Interstate trucking companies, though, must have at least $750,000 in liability insurance, and many businesses carry even more.
2. More parties may share the blame
Responsibility can fall on the driver, employer, maintenance company, cargo loader, or parts manufacturer.
Our guide explains who you can sue after a commercial truck crash.
3. More rules apply
Federal and state safety rules set standards for driver hours, inspections, and qualifications. If these rules are broken, it can help your case.
Learn how federal regulations affect truck accident lawsuits.
Legal options after being struck by a commercial vehicle in Texas
You can pursue one or more of these options at the same time.
1. A claim against the employer
Under the doctrine of respondeat superior, an employer is generally liable for an employee’s negligence while that employee is acting within the course and scope of the job.
Employers may also be directly responsible for poor hiring, training, supervision, or for giving a vehicle to someone with a bad driving record.
2. A Claim against the driver or third parties
If the driver was not working at the time, you may need to file a claim against the driver personally.
Other parties, such as repair shops or makers of faulty parts, might also be responsible.
Similar questions come up in car accident claims involving app-based drivers; see our post on rideshare accidents.
3. A claim against a government entity
City buses, garbage trucks, and other public vehicles are covered by the Texas Tort Claims Act. This law limits how much you can recover and usually requires you to give written notice within six months.
Read more about suing a government entity.
4. Your own coverage
PIP and uninsured or underinsured motorist coverage can help while your liability claim is being processed.
Our overview of the different kinds of car insurance explains how each works.
Remember, Texas follows a modified comparative responsibility rule.
Companies often try to shift the blame to you. If you are found to be more than 50% at fault, you cannot recover any money.
This is why a quick, independent investigation is important, especially when fault is unclear.
How Fielding Law Can Help
Fielding Law has helped injured Texans recover over $171 million and has won more than 5,500 cases. Our trial team:
- We send preservation letters to help protect important evidence, such as dashcam footage, telematics, driver logs, and maintenance records.
- We determine who is at fault and look for all insurance policies that could cover your case.
- We thoroughly document how serious injuries, including brain injuries, have affected you.
- We handle wrongful death claims for families who have lost a loved one.
- We prepare every case with the same care and attention as if it were going to trial.
Concerned about fees?
Find out how much it costs to hire a truck accident lawyer.
The short answer is nothing up front, and no fee unless we win. We are available 24/7 from our Richardson, Mesquite, and Heath offices.
In Summary
If you are hit by a commercial vehicle in Texas, you may have claims against the driver, the employer, and others who are responsible. Companies act quickly to protect themselves.
Fielding Law will investigate your accident, make sure important evidence is preserved, and fight to get you the full compensation you deserve.
Call (877) 880-4090 today or visit our contact page for a free case review.
FAQs
What are my legal options after being struck by a commercial vehicle in Texas?
You may be able to file claims against the employer, the driver, third parties such as maintenance companies or manufacturers, and your own insurance. Government vehicles follow different rules.
Is the company responsible if its employee caused the crash?
If the employee was working at the time, the company is usually responsible. The company can also be directly liable for poor hiring, training, or vehicle maintenance.
What evidence matters most in a commercial vehicle case?
Important evidence includes electronic logs, black box data, dashcam video, inspection records, and the driver’s qualification file. Much of this information can be lost quickly if not preserved.
How long do I have to file a lawsuit?
You generally have two years under the Texas statute of limitations, but claims against government entities may require notice within months.
Which law firm should I call after being hit by a company vehicle?
Call Fielding Law at (877) 880-4090 anytime for a free case review, or visit our contact page.
