Commercial Vehicle Accident Lawyer in San Antonio, TX

The Texas Department of Transportation (TxDOT) identifies San Antonio as one of the state’s urban areas where truck-involved accidents are concentrated, particularly along freight corridors like I-35 and I-10. But no matter where you are in Bexar County, being injured in a commercial vehicle accident can have life-changing effects on your health and finances. If someone else caused the crash, you may have a legal claim against them.

Recovering compensation after a commercial vehicle accident can be challenging for several reasons. Unlike a regular car accident, these crashes can involve multiple parties, liability disputes, and severe injuries. A San Antonio commercial vehicle accident lawyer from the Law Offices of Troy A. Brookover can help you by investigating the collision, identifying the state and federal laws that apply to your case, and pursuing a settlement or judgment on your behalf.

Troy is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, with truck accident results that include $1.5 million for a woman hit by a commercial vehicle that ran a stop sign and $1.2 million for a woman injured in a multi-vehicle accident on I-35 caused by an 18-wheeler. * Put his 35 years of experience to work for you. Contact the Law Offices of Troy A. Brookover for a free consultation.

What Is Considered a Commercial Vehicle Crash?

A commercial vehicle crash is a collision involving a vehicle used for a business or commercial purpose. This includes more than just semi-trucks and large trucks. A wide variety of vehicles may be classified as commercial vehicles, such as:

• Small fleet vehicles
• Service vans
• Trade trucks
• Box trucks
• Delivery vans
• Service trucks (e.g., utility company work trucks, cherry pickers, etc.)
• Landscaping pickups with trailers
• Tow trucks
• Dump trucks
• Garbage trucks
• Cement mixers

Many commercial vehicles tend to weigh more than personal cars, trucks, and SUVs, which means they impart greater forces in a collision and carry a higher risk of more severe vehicle damage and serious injuries.

Who Can Be Held Liable in a Commercial Vehicle Accident?

There may be several potentially liable parties in commercial vehicle accident cases, depending on the circumstances. Two factors that we assess when determining legal responsibility include:

When the Driver is an Employee

If a commercial driver causes a serious accident while driving for a company, both the driver and their employer may be liable for the crash. The driver will have direct liability for their role in causing the crash. Under the doctrine of respondeat superior, an employer may be held vicariously liable for an employee’s negligent conduct when the employee was acting within the course and scope of employment. (Goodyear Tire & Rubber Co. v. Mayes, 236 S.W.3d 754, 757 (Tex. 2007).

When the Driver Isn’t a Direct Employee 

Some commercial drivers work as independent contractors rather than employees. Under Texas law, a company generally is not responsible for an independent contractor’s negligence under the theory of vicarious liability. However, the company may still face liability in some circumstances, such as when it negligently hires or retains the driver or exercises control over the driver’s work.

Regarding commercial trucks, federal safety regulations may still impose responsibilities on trucking companies even if the truck driver is an independent contractor. Under 49 C.F.R. § 390.5T, the independent contractor may qualify as an employee for purposes of the Federal Motor Carrier Safety Regulations. Federal rules address driver qualifications, hours of service, vehicle inspection, and maintenance. Prior violations may be important evidence when preparing a commercial vehicle accident claim.

Other parties, including other drivers, pedestrians, cargo loaders, maintenance contractors, and vehicle manufacturers, could also be partly responsible for a commercial vehicle crash. An experienced attorney can help identify and establish liability in your case.

The Commercial Vehicle Accident Claim Timeline

Commercial vehicle accident cases may go through several stages. Although a case may end at any time with a settlement or a dismissal of the claim, here’s an overview of the process for a case that proceeds to litigation:

• Initial investigation and recovery of evidence, such as medical records and the police report
• Filing a claim requesting compensation from the relevant insurance companies
• Settlement negotiations and demand letters seeking compensation
• Filing a commercial vehicle accident lawsuit
• Discovery, during which the parties exchange information and evidence to assess the strengths and weaknesses of their arguments
• Continued settlement negotiations or mediation
• Pre-trial proceedings and trial

Unfortunately, no one can predict how long a commercial vehicle accident case will take. Numerous circumstances can affect the timeline of a case, including:

• The types and severity of injuries caused by the crash
• The number of liable parties involved in the case
• Whether an injured party shares responsibility for the wreck
• The complexity of the evidence involved in the case
• The available insurance coverage
• Whether the injured party can reach a settlement or a lawsuit becomes necessary 

What Happens After You Hire Us?

Once you choose the Law Offices of Troy A. Brookover, we’ll take over all the insurance and legal legwork related to your commercial vehicle accident claim. That includes speaking with insurance adjusters, conducting a thorough investigation, gathering evidence, determining liability, and developing a strategy to pursue full and fair compensation from every possible source. That lets you focus on the recovery process and returning to your daily routine.

When we take on a case, we strive to recover full compensation for not only your current losses but also anticipated future costs. Potential compensation we may pursue includes:

• Past, current, and future medical bills
• Lost wages
• Lost earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

See what past clients have to say about their experience working with our law firm:

“Excellent lawyer. Troy really helped me to get through a very difficult situation. I considered choosing a different injury attorney in the beginning, but if I had taken the advice they were giving me, I would have ended up fighting to get reimbursed for probably more than a year. Luckily, I chose Troy, and though it still took a little bit of time to settle my case, I got a lot more in compensation than I thought I was going to get. Anyway, very grateful to Troy and his staff, would definitely recommend this lawyer to anyone in San Antonio.”

—     Boram Yeo

“Troy’s office was beyond stellar in resolving my injury case. I work for a large insurance company and never had reason to retain an attorney. That all changed in 2017 when I was struck by an 18-wheeler. I endured two surgeries, one being a major operation and Troy and his team were always compassionate towards me. They were prompt with addressing any concerns I had on the case and always put my mind at ease. Because of Troy’s aggressive negotiations and extensive knowledge, my case was resolved very quickly. They have a lifelong client in myself and family! Should I ever need representation I will be returning to his office.”

—     D.E.