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January 19, 2025
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“Texas Tough” McKay Law
Texas Commercial Vehicle Accident Lawyer
If you’ve been involved in a commercial vehicle accident in Texas, McKay Law is here to help. With a proven track record of success, McKay Law specializes in navigating the complexities of commercial vehicle accident cases to ensure victims receive the justice and compensation they deserve. Our unwavering commitment to clients means you’ll have a trusted advocate fighting for your rights at every step. At McKay Law, compassion meets expertise, giving you the support and results you need after a life-changing accident.
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Texas Commercial Vehicle Accident Attorney | McKay Law
When it comes to handling complex commercial vehicle accident cases in Texas, McKay Law stands out as a trusted advocate for victims. With in-depth knowledge of the state’s traffic laws and regulations, the firm excels at unraveling the unique challenges involved in accidents caused by semi-trucks, delivery vans, and other commercial vehicles. McKay Law uses its extensive expertise to build strong cases, ensuring clients receive the best legal representation and a path to justice.
At McKay Law, the client is at the heart of everything they do. The firm’s personalized approach ensures that every client receives tailored strategies that reflect their unique circumstances and needs. This dedication allows the legal team to fully understand each case, leaving no detail overlooked. By maintaining open and transparent communication throughout the process, McKay Law creates a supportive experience while fiercely advocating for their clients’ rights.
McKay Law’s unwavering commitment to achieving maximum compensation has earned them a proven track record of success. They are skilled in negotiating with powerful insurance companies and, when necessary, securing victories in court. Whether it’s medical bills, lost wages, or emotional distress, McKay Law fights tirelessly to protect their clients’ futures. For victims of commercial vehicle accidents in Texas, McKay Law provides exceptional legal expertise combined with a relentless drive for justice.
Understanding Commercial Vehicle Accidents in Texas
Definition of Commercial Vehicles:
- Commercial vehicles include trucks, buses, delivery vans, and other vehicles used for business purposes. In Texas, 18-wheelers and large trucks are common examples.
Common Causes:
- Driver fatigue
- Distracted driving
- Speeding or reckless driving
- Poor vehicle maintenance
- Overloaded or improperly loaded cargo
- Adverse weather conditions
Legal and Regulatory Framework:
- Texas follows both state and federal regulations for commercial vehicles, including those set by the Federal Motor Carrier Safety Administration (FMCSA).
- Drivers must adhere to Hours of Service (HOS) rules to prevent fatigue-related accidents.
Statistics:
- Texas often leads the nation in the number of fatal truck accidents due to its size, population, and extensive highway system.
- The Texas Department of Transportation (TxDOT) provides annual reports on traffic accidents, including those involving commercial vehicles.
Liability in Accidents:
- Determining liability can be complex and may involve the driver, the trucking company, vehicle manufacturers, or even cargo loaders.
- Victims may seek compensation for medical expenses, lost wages, property damage, and pain and suffering.
Steps to Take After an Accident:
- Seek medical attention immediately.
- Report the accident to law enforcement.
- Document the scene with photos and gather witness information.
- Contact an attorney experienced in commercial vehicle accidents.
Legal considerations in commercial vehicle accidents in Texas are critical, as these cases often involve multiple parties, complex regulations, and significant damages. Here’s a breakdown of the key legal aspects:
1. Determining Liability
- Driver Liability: If the driver was negligent (e.g., speeding, distracted driving, or driving under the influence), they may be held responsible.
- Trucking Company Liability: Employers can be held liable under the legal doctrine of “respondeat superior” if the driver was acting within the scope of their employment.
- Third-Party Liability: Other parties, such as cargo loaders, vehicle manufacturers, or maintenance providers, may share responsibility if their actions contributed to the accident.
2. Federal and State Regulations
- Federal Motor Carrier Safety Administration (FMCSA): Sets rules for commercial vehicles, including Hours of Service (HOS) regulations, vehicle maintenance standards, and driver qualifications.
- Texas State Laws: Texas has additional laws governing commercial vehicles, such as weight limits, licensing requirements, and insurance minimums.
3. Insurance Requirements
- Commercial vehicles in Texas must carry higher insurance limits than personal vehicles due to the potential for severe damages. For example:
- $750,000 minimum liability coverage for most commercial trucks.
- $1,000,000 or more for vehicles carrying hazardous materials.
4. Statute of Limitations
- In Texas, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. Missing this deadline can result in losing the right to seek compensation.
5. Evidence Collection
- Black Box Data: Many commercial vehicles are equipped with electronic logging devices (ELDs) or “black boxes” that record speed, braking, and Hours of Service compliance.
- Dashcam Footage: Video evidence can be crucial in determining fault.
- Maintenance Records: Proof of regular vehicle inspections and repairs can impact liability.
6. Types of Compensation
Victims may be entitled to:
- Economic Damages: Medical bills, lost wages, property damage.
- Non-Economic Damages: Pain and suffering, emotional distress.
- Punitive Damages: In cases of gross negligence, such as reckless driving or intentional misconduct.
7. Role of Attorneys
- Specialized Expertise: Attorneys experienced in commercial vehicle accidents understand the nuances of FMCSA regulations and Texas laws.
- Negotiation with Insurers: Insurance companies often try to minimize payouts, so having legal representation can help maximize compensation.
- Litigation: If a fair settlement cannot be reached, an attorney can take the case to court.
Lindsey McKay Takes Texas Commercial Vehicle Accident Cases Seriously
When a commercial vehicle accident disrupts your life, finding a skilled and compassionate attorney can make all the difference. Lindsey McKay, a seasoned Texas attorney, has built her practice on providing top-notch legal representation to those affected by commercial vehicle accidents. Her approach is rooted in deep legal expertise, a commitment to her clients, and an unwavering drive to secure fair outcomes.
Whether it’s a collision involving a delivery truck, a catastrophic 18-wheeler accident, or any other commercial vehicle incident, Lindsey McKay has proven time and again that she’s the advocate Texas residents can trust.
Why Commercial Vehicle Accidents Require Specialized Expertise
Commercial vehicle cases often come with complexities that go beyond standard car accidents. These types of cases involve unique regulations, insurance policies, and liability issues. Lindsey McKay has an intimate understanding of these complexities, making her highly adept at navigating the intricate legal landscape of commercial vehicle accident claims.
Large trucks, delivery vehicles, and other commercial vehicles are governed by both federal and Texas laws. The Federal Motor Carrier Safety Administration (FMCSA), for instance, lays out strict rules for driver hours, maintenance standards, and cargo safety. Understanding and applying these regulations can significantly influence the outcome of a case—a challenge that Lindsey McKay embraces with precision.
Comprehensive Handling of Commercial Vehicle Accident Cases
Lindsey McKay’s experience spans a wide range of commercial vehicle accident types, giving her a well-earned reputation for resolving even the most challenging cases. Some of the cases she frequently handles include:
1. 18-Wheeler Accidents
Collisions involving semi-trucks often lead to devastating consequences simply due to their size and weight. Lindsey knows that taking on trucking companies and their insurers requires strategy, including gathering driver logs, maintenance records, and even black box data to prove fault.
2. Delivery Vehicle Collisions
With the rise of delivery services like Amazon and FedEx, more delivery trucks are on Texas roads than ever before. When accidents occur, parties such as the driver, the delivery company, or even third-party contractors may bear responsibility. Lindsey meticulously investigates every angle to hold the appropriate party accountable.
3. Bus Accidents
Accidents involving buses can affect not just passengers but also pedestrians and other drivers. These cases often involve multiple victims and entities, such as transit companies or school districts, making them particularly complex. Lindsey McKay’s attention to detail ensures that no stone is left unturned when determining liability.
4. Commercial Van Accidents
From construction vehicles to corporate cargo vans, these accidents often involve unique challenges, such as overloaded cargo or defective equipment. Lindsey McKay has the investigative resources to identify key issues that others might overlook.
5. Company-Owned Passenger Vehicle Crashes
Sometimes, accidents involve employees driving company-owned cars for work-related tasks. These cases often require looking beyond the obvious driver fault and investigating employer negligence, such as insufficient training or improper vehicle maintenance. With her sharp legal acumen, Lindsey excels at untangling these scenarios.
Compassionate Advocacy for Injured Clients
What sets Lindsey McKay apart isn’t just her legal expertise—it’s her compassionate approach to client care. She understands the emotional and financial toll that a commercial vehicle accident can take on individuals and families.
From the first consultation, Lindsey treats her clients with the respect and empathy they deserve. She listens carefully to their concerns, keeping them informed and involved throughout the legal process. Her focus isn’t just on winning cases but on helping her clients rebuild their lives after a traumatic event.
Relentless Pursuit of Justice
Lindsey McKay’s dedication extends to fighting for the best possible outcomes in every case she takes on. She has a proven track record of securing significant settlements and verdicts for her clients. Whether through negotiation or litigation, she tirelessly works to hold negligent drivers, companies, and insurance providers accountable.
Her thorough preparation often makes the difference in highly contested cases. Lindsey doesn’t shy away from complex claims—instead, she embraces the challenge, whether it means reconstructing accident scenes with industry experts or pursuing litigation to ensure her clients get the results they deserve.
Why Texans Trust Lindsey McKay
Texans value integrity, resilience, and hard work—all qualities Lindsey McKay embodies. Her dedication to her community and her clients has made her a standout choice for anyone seeking justice after a commercial vehicle accident.
Clients praise her for being approachable yet fiercely determined in the courtroom. Knowing they have a compassionate, knowledgeable advocate on their side gives them peace of mind during one of the most difficult times in their lives.
Take the First Step Toward Justice
If you or a loved one has been involved in a commercial vehicle accident, time is of the essence. Cases like these often involve evidence that needs to be preserved quickly. From accident scene photos to electronic logging devices, every detail matters.
Contact Lindsey McKay today to schedule a consultation and start building your case. With Lindsey on your side, you can focus on healing while she takes care of fighting for the justice you deserve.
Don’t face the aftermath of a commercial vehicle accident alone—reach out to Lindsey McKay and experience the difference a dedicated, experienced attorney can make.
What Are The Most Common Types Of Commercial Vehicle Accident Injuries In Texas?
Commercial vehicle accidents in Texas can result in a wide range of injuries due to the size and weight of these vehicles. Here are some of the most common types of injuries associated with such accidents:
Whiplash and Neck Injuries: Sudden impact can cause the neck to jerk violently, leading to soft tissue damage, whiplash, or even more severe spinal injuries.
Back and Spinal Cord Injuries: These can range from herniated discs to severe spinal cord damage, potentially resulting in paralysis.
Head and Brain Injuries: Traumatic brain injuries (TBIs) are common in high-impact collisions, leading to concussions, memory loss, or long-term cognitive issues.
Broken Bones and Fractures: The force of a collision can cause fractures in arms, legs, ribs, and other parts of the body.
Internal Injuries: Damage to internal organs, such as the liver, spleen, or lungs, can occur due to the impact or crushing injuries.
Burns: If the accident involves a fire or explosion, victims may suffer from severe burns requiring extensive medical treatment.
Cuts and Lacerations: Broken glass, metal, or debris can cause deep cuts, leading to scarring or infections.
Amputations: In severe cases, limbs may be crushed or severed, resulting in amputation.
Psychological Injuries: Beyond physical harm, victims may experience PTSD, anxiety, or depression following a traumatic accident.
Fatal Injuries: Unfortunately, some commercial vehicle accidents result in fatalities due to the sheer force and impact involved.
Each case is unique, and the severity of injuries often depends on factors like the speed of the vehicles, the type of collision, and whether safety measures (like seat belts) were in use.
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What Damages Can I Receive from a Texas Commercial Vehicle Crash Claim?
Commercial vehicle accidents can have devastating consequences, leaving victims with significant physical, emotional, and financial burdens that can take years to recover from. These incidents often involve larger vehicles like trucks, buses, or delivery vans, which can result in more severe injuries and greater property damage compared to standard car accidents. If you’ve been involved in a commercial vehicle crash in Texas, you may be wondering what kinds of damages you can claim to help recover from your losses and begin rebuilding your life. Knowing your rights and the types of compensation available is critical as you consider your next steps toward reclaiming your sense of stability and peace of mind.
This guide breaks down the types of damages you may be entitled to, including economic damages like medical bills, lost wages, and property damage; non-economic damages for pain, suffering, and emotional distress; and punitive damages, which are designed to penalize the at-fault party for particularly reckless or negligent behavior. We’ll also provide real-world examples to illustrate how these damages are calculated, as well as practical advice to help you successfully file a claim. Whether you’re navigating this process alone or working with a legal expert, understanding what’s possible can empower you to make informed decisions and secure the compensation you deserve.
What Are Economic Damages?
Economic damages are the tangible financial losses resulting from a commercial vehicle accident. These are fairly straightforward to calculate since they relate to expenses and income directly tied to the crash.
1. Medical Expenses
Medical treatment costs following an accident can add up quickly. Examples of medical expenses you can claim include:
- Hospital and emergency room charges
- Ambulance fees
- Rehabilitation and physical therapy costs
- Prescription medications
- Future medical care for long-term injuries
For instance, if you suffered a spinal injury requiring surgery and ongoing physical therapy, you could claim both the initial costs and any projected future medical expenses associated with recovery. Keep records of all invoices, bills, and insurance statements to support your claim.
2. Lost Wages
If your injuries prevent you from working, you can recover compensation for lost income. This includes:
- Wages you missed while recovering
- Lost earning capacity if your injuries permanently affect your ability to work
For example, if you’re a construction worker and a commercial truck accident left you unable to lift heavy objects, you could claim compensation not only for the days you missed at work but also for reduced income if you need to transition to lighter-duty work.
3. Property Damage
Damage to your vehicle and other personal property can and should be included in your claim. Whether it’s repair costs or the full replacement value of your car, make sure to document the extent of the property damage with photos, repair estimates, and receipts.
What Are Non-Economic Damages?
Unlike economic damages, non-economic damages cover losses that don’t come with a clear price tag. These damages aim to compensate for the emotional and psychological toll of the accident.
1. Pain and Suffering
Pain and suffering encompass the physical pain, discomfort, and limitations caused by your injury. Unlike medical bills, this is a subjective category that assigns value to the impact the injury has on your daily life. For example, if a severe leg injury prevents you from enjoying hobbies like hiking, your claim would include compensation for that loss.
2. Emotional Distress
Traumatic accidents often leave mental and emotional scars. Emotional distress damages can address symptoms like:
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Sleep disturbances
For instance, if you find yourself unable to drive because of persistent anxiety stemming from the crash, this would be grounds for an emotional distress claim.
3. Loss of Consortium
If the accident impacts your relationship with a spouse or close family members, you may be eligible for loss of consortium damages. This focuses on changes to familial relationships, such as the inability to provide companionship or fulfill certain family roles due to your injuries.
What Are Punitive Damages?
Punitive damages are less common and are awarded in cases where the at-fault party’s behavior was especially reckless or egregious. Unlike economic and non-economic damages, punitive damages aren’t meant to compensate the victim but rather to punish the wrongdoer and deter similar future actions.
When Do Punitive Damages Apply?
You may be eligible for punitive damages if the commercial vehicle driver or their employer demonstrated gross negligence, such as:
- Driving under the influence of alcohol or drugs
- Knowingly operating a vehicle with faulty brakes or tires
- Violating federal or state safety regulations to cut costs
For instance, if a trucking company coerced a driver into working extended hours in violation of federal Hours of Service regulations, and this directly led to an accident, the court might consider awarding punitive damages to hold the company accountable.
Practical Advice for Filing a Claim
Pursuing a claim after a commercial vehicle accident can feel overwhelming, but preparation and the right legal support can make a significant difference. Here are a few steps to help:
1. Gather Evidence
Documentation is essential for substantiating your claims. Gather police reports, medical records, photos of the accident scene, witness statements, and any communications with insurance companies.
2. Avoid Discussing the Accident Without Legal Counsel
Insurers often seek to minimize payouts by using your statements against you. Speak cautiously and avoid accepting fault or downplaying your injuries when discussing the accident with insurance representatives.
3. Consult With an Experienced Attorney
Commercial vehicle accident cases are often more complex than standard car accident claims. This is because they may involve multiple parties, such as the driver, the parent company, and potentially a vehicle manufacturer. An attorney can help:
- Determine the full extent of damages you’re entitled to claim
- Negotiate with insurance companies on your behalf
- Navigate the legal process, ensuring all filing deadlines are met
Many personal injury attorneys work on a contingency fee basis, meaning they don’t get paid unless you win your case.
4. Understand Comparative Fault in Texas Laws
Texas follows a modified comparative negligence rule, meaning you can still recover damages even if you’re partially at fault, as long as your percentage of fault doesn’t exceed 50%. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault and your total damages were $100,000, you would receive $80,000.
Take Action to Protect Your Rights
Recovering from a commercial vehicle accident in Texas can be a challenging process, but understanding the types of damages available can help you make informed decisions about your claim. Whether you’re dealing with mounting medical expenses, lost income, emotional trauma, or all of the above, you deserve fair compensation for your losses.
To ensure the best possible outcome, consult with an experienced personal injury attorney who can guide you through this complex process and advocate for your rights.
The Texas Tough Difference
See why so many others choose McKay Law, PLLC
With over 300 five-star reviews, McKay Law, your local Personal Injury Law Firm has earned the trust and gratitude of our clients. Every case we handle is unique, and every client’s story matters. Don’t just take our word for it—hear directly from our clients about their experiences and why they confidently recommend us to others.
Commercial Vehicle Accident FAQs
What Is a Commercial Vehicle Accident?
A commercial vehicle accident involves any collision or incident where a vehicle used for business purposes is involved. These vehicles can include:
- Delivery trucks
- Semis and tractor-trailers
- Company-owned passenger cars
- Buses
- Construction vehicles (e.g., dump trucks or cement mixers)
Because these vehicles are often larger and heavier than standard passenger cars, accidents involving them can be more severe and complex.
What Are the Most Common Causes of Commercial Vehicle Accidents?
Several factors contribute to commercial vehicle accidents. The most common include:
Human Error
- Distracted Driving: Use of mobile phones, eating, or engaging in other activities while driving.
- Driver Fatigue: Long hours on the road often lead to exhaustion, especially for truck drivers.
- Speeding or aggressive driving under pressure to meet delivery timelines.
Vehicle Issues
- Poor Maintenance: Brakes, tires, or engines that haven't been properly serviced can malfunction.
- Overloaded Vehicles: Excess weight can make vehicles harder to stop or control.
Environmental Factors
- Adverse weather conditions such as rain, snow, or fog.
- Poorly maintained roads or construction zones.
What Should I Do Immediately After a Commercial Vehicle Accident?
Taking the right steps after an accident can ensure everyone’s safety and protect your legal rights. Here’s what to do:
- Ensure Safety
- Check yourself and others for injuries.
- Move to a safe location if possible, turning on hazard lights.
- Call for Help
- Dial 911 to report the accident. Request police assistance and, if needed, medical services.
- Document the Scene
- Take photos of vehicles, damage, road conditions, and anything else relevant.
- Gather contact details from witnesses and involved parties, including the commercial driver’s license and insurance information.
- Do Not Admit Fault
- Even an innocent-sounding apology could be used against you in legal or insurance claims.
- Seek Medical Attention
- Even if you feel fine, some injuries like whiplash or internal trauma may not be immediately apparent. A doctor’s evaluation can document potential injuries for insurance purposes.
Who Is Liable in a Commercial Vehicle Accident?
Liability depends on the circumstances but may fall on different parties:
- The Driver: If the driver was negligent (e.g., distracted or fatigued).
- The Employer (Trucking or Delivery Company): If poor training, inadequate hiring practices, or illegal schedules contributed to the crash.
- Vehicle Manufacturers: If the accident was caused by defective vehicle parts.
- Maintenance Providers: If improper or incomplete servicing resulted in mechanical failure.
How Is Liability Determined?
Liability is established through evidence such as police reports, surveillance footage, black box data (in commercial vehicles), and witness testimony.
How Does Insurance Work in a Commercial Vehicle Accident?
Commercial vehicle insurance policies often differ from standard car insurance due to higher coverage limits. Here’s how it typically works:
- For Passengers or Other Drivers
A claim should be filed against the commercial vehicle’s liability insurance if the driver or company was at fault.
- For Commercial Drivers
Depending on employment status, drivers may rely on company-provided insurance or their personal policies. Independent contractors should verify their coverage.
What Are “Policy Limits”?
Policy limits refer to the maximum amount an insurer will pay out for damages. Commercial vehicle insurance policies often provide millions in coverage due to the potential for extensive damage.
How Can I Prove Fault in a Commercial Vehicle Accident?
Proving fault requires evidence that another party acted negligently or breached their duty of care. Steps include:
- Gathering Physical Evidence
- Photos from the scene, skid marks, or damaged property.
- Obtaining Driver and Vehicle Records
- Records may include hours-of-service logs, maintenance documents, or black box data, providing insight into driver fatigue or vehicle condition.
- Working with Legal and Insurance Professionals
- Attorneys and investigators can help collect evidence and represent your case.
What Are the Legal Considerations for Commercial Vehicle Accidents?
Statute of Limitations
Each state sets a time limit for filing accident-related lawsuits. Typically, this is 1-3 years, but specific timelines vary.
Filing a Lawsuit
If negotiations with insurers fail, a lawsuit may be necessary to recover damages such as medical expenses, lost wages, or pain and suffering.
Dealing with a Third-Party Claim
Since employers, manufacturers, or other third parties can share liability, multiple claims may need to be filed, depending on how many parties were at fault.
What Should I Do If the Other Party's Insurance Denies My Claim?
If the other party's insurance company denies your claim, don't panic—there are steps you can take to protect your rights:
- Request a Written Explanation
- Ask the insurer to provide a detailed explanation for the denial. This will help you understand their reasoning and identify any errors or missing information.
- Review Your Evidence
- Double-check the documents, photos, witness statements, and police reports you've submitted. Make sure all the information is complete and accurate.
- File an Appeal
- Most insurance companies have an appeals process. Submit additional evidence or clarification that supports your claim, following the insurer’s specific procedures.
- Seek Legal Advice
- If your appeal is unsuccessful or you're unsure about the process, consult a qualified attorney. Legal professionals can advise you on your options, negotiate with insurers, and help you file a lawsuit if necessary.
Acting promptly and staying organized during this process increases your chances of a favorable outcome.
