In 2023, Texas experienced over 38,909 commercial motor vehicle crashes which resulted in 620 fatalities and 1,687 serious injuries. These accidents ranged from large commercial trucks to smaller commercial sedans. No matter how big the commercial vehicle was, however, one fact remained true across all these accidents. The injured party seeking compensation faced hefty challenges from the insurance companies and the businesses that owned the vehicles. Without proper legal representation, these victims would have to fight an uphill battle to receive the warranted financial compensation for the accident.
The Hernandez Law Group, P.C. proudly represents individuals in Dallas, Texas and the greater DFW metroplex after they have been involved in a commercial vehicle accident. Led by Juan Hernandez, one of the 2% of Texas Attorneys board-certified in personal injury trial law, our team has recovered millions of dollars for our clients. We don’t let the liable party or their insurance company bully our clients into accepting low-ball settlements. Here is more information on how our commercial vehicle accident attorneys can help you get the compensation you deserve after you have been injured in an accident.
Understanding Commercial Vehicle Accidents in Texas
Texas state law defines a commercial vehicle as a “self-propelled or towed vehicle, other than a farm vehicle, that has a gross weight, registered weight, or gross weight rating under 48,000 pounds, that is used on a public highway to transport passengers or cargo.” Commercial motor vehicles can be broken down into the following categories:
- Light Duty: Class 1 – 3 (6,000 – 14,000 lbs)
- Fleet Vehicles
- FedEx/UPS Trucks
- Amazon Delivery Trucks
- Mail Carrier Trucks
- Moving Vans
- Repair and Utility Trucks/Vans
- Taxi Cabs
- Limousines
- Medium Duty: Class 4 – 6 (14,001 – 26,000 lbs)
- Garbage Trucks
- Street Cleaners
- Construction Industry Vehicles
- Moving Trucks
- Heavy Duty: Class 7 – 8 (26,001 – 33,000 lbs)
- Semi-trucks
- Oil and Tanker Trucks
- Dump Trucks
- Cement or Concrete Mixer Trucks
- Logging Trucks
Due to their size and weight, commercial vehicle accidents can be extremely catastrophic. They often lead to extensive damage and horrific injuries. Additionally, because multiple parties are involved in commercial vehicle accidents—such as the driver, the company, their insurance agency, and the commercial vehicle manufacturer—it can be difficult to determine fault.
The commercial vehicle accident attorneys at the Hernandez Law Group, P.C. can aid your recovery by determining who the liable party is and defending your right to fair compensation. Contact our team today to schedule a free no-obligation consultation.
Federal Regulations for Commercial Vehicles in Texas
Federal laws, regulations, and guidelines were created to ensure that trucking and company vehicles are used with care and to protect other drivers on the road. These regulations require employers to provide ample breaks to drivers in order to reduce the risk of driver fatigue and accidents. Current federal laws that affect commercial vehicle operation in Texas are as follows:
License Requirements — All drivers must possess a valid commercial driver’s license (CDL) issued by the state of Texas.
Medical Certification — All company vehicle operators who engage in interstate travel with a commercial vehicle weighing over 10,001 lbs are mandated to hold a valid Medical Examiner’s Certificate.
Record of Duty Status — Company vehicle drivers are required to maintain a daily log, known as the “driver record of duty status.” This log contains information regarding the driver’s activities and compliance with regulations outlined in U.S. Federal Code Title 49 Part 395.8.
Hours of Operation — Hours of Service (HOS) Regulations established limits on the number of hours a commercial driver can operate a commercial vehicle before they have to take a break.
- Property-Carrying Drivers
- Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty
- Drivers may not drive beyond the fourteenth consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
- Drivers must take a 30-minute break when they have driven for a period of eight cumulative hours without at least a 30-minute interruption. The break may be satisfied by any non-driving period of 30 consecutive minutes, such as on-duty not driving, off-duty, or sleeper berth.
- Drivers may not drive after 60/70 hours on duty in seven/eight consecutive days. A driver may restart a seven/eight consecutive day period after taking 34 or more consecutive hours off.
- Drivers may split their required 10-hour off-duty period, as long as one off-duty period is at least two hours long and the other involves at least seven consecutive hours spent in the sleeper berth.
- Drivers are allowed to extend the 11-hour maximum driving limit and 14-hour driving window by up to two hours when adverse weather conditions present.
- Passenger-Carrying Drivers
- May drive a maximum of 10 hours after eight consecutive off-duty hours.
- May not drive after having been on duty for 15 hours, following eight consecutive hours off duty.
- May not drive after 60/70 hours on duty in seven/eight consecutive days.
- Drivers using a sleeper berth must take at least eight hours in the sleeper berth. The time can be split into two periods, provided neither is less than two hours.
- Drivers are allowed to extend the 10-hour maximum driving time and 15-hour on-duty time limit by two hours when experiencing adverse weather and driving conditions.
Vehicle Inspections — Federal law 49 CFR 396.11 states that after every workday, a commercial vehicle operator must conduct a comprehensive inspection of their work vehicles. A written and signed report addressing any crucial safety components, such as brakes, steering, tires, lighting devices, wheels, and rims is mandatory.
Cellphone Usage — Using a hand-held mobile device is strictly prohibited.
Sleep Apnea Screening — FMCSA rules state that commercial vehicle operators in Texas who have been diagnosed with moderate to severe sleep apnea are disqualified from driving.
Drug and Alcohol Testing — Commercial vehicle operators are subject to stringent rules regarding drug and alcohol testing.
Language Proficiency — Every commercial vehicle driver in Texas must have the ability to read and speak English at a level that allows them to understand highway traffic laws and signs.
Common Causes of Commercial Vehicle Accidents and Liability Issues
Commercial vehicle accidents can be caused by a wide range of issues that are often related to the business’s failure to abide by FMCSA’s Compliance, Safety, and Accountability standards. These violations are the most common:
- Distracted driving (using a cell phone or texting while driving).
- Operating the commercial vehicle while fatigued or sick.
- Exceeding the posted speed limit.
- Speeding in a construction zone.
- Reckless driving.
- Drivers under the influence of drugs or alcohol.
- Driving a commercial vehicle with a false medical ticket.
- Hazmat cargo not properly secured.
- Failure to get the commercial vehicle inspected.
- Poor maintenance of the commercial vehicle.
- Design flaw of the commercial vehicle or a part in the commercial vehicle.
Liability in Commercial Vehicle Accidents
The legal theory “respondeat superior” (which translates to “let the master answer”) typically holds the company that owns the commercial vehicle at fault for accidents involving their vehicle or employee. This is also known as vicarious liability.
This liability on behalf of the company that owns the commercial vehicle is important, as these companies often have large financial assets and substantial insurance policies to protect themselves when an accident occurs. The driver of the commercial vehicle would not have this kind of financial protection through their own insurance company. This would leave the injured party scrambling, as the negligent driver’s personal vehicle insurance would not be able to pay out the full compensation the injured party deserves.
To hold the employer liable for the commercial vehicle accident, the following has to be established:
- The company vehicle driver was operating under the control and instruction of their employer at the time of the accident.
- The negligent driver was acting within the scope of his or her official work duties.
Why You Need an Experienced Commercial Vehicle Accident Lawyer in Dallas
Employers and their insurance companies often try to argue that the driver was acting beyond the scope of their job during the accident. This might mean claiming the driver was operating the vehicle during their lunch break or that they were using the vehicle for non-work related purposes. Our attorneys will thoroughly investigate this, to ensure the employer and insurance company are not trying to get out of paying the compensation you deserve.
How Hernandez Law Group Fights for Commercial Vehicle Accident Victims
The commercial vehicle accident attorneys at the Hernandez Law Group, P.C. tirelessly fight for the rights of our clients to fair compensation. We know that an accident can completely derail an individual’s life. Hefty medical expenses, totaled vehicles, and loss of income can leave victims and their families in a financial nightmare. This doesn’t even include the added stress of trying to recover from the serious injuries that are often a result of these types of accidents.
The attorneys at the Hernandez Law Group, P.C. have the experience needed to establish liability of the employer and ensure they accept responsibility for the accident. We won’t allow them to point fingers solely at the employee, resulting in you being unable to get the compensation you deserve.
Compensation Available After a Commercial Vehicle Crash
After a commercial vehicle accident, injured parties may seek compensation for the following:
- Current and future medical expenses.
- Current and future loss of wages.
- Loss of earning capacity.
- Cost of home modifications.
- Cost of prosthetics in cases of amputations.
- Cost of assistive devices.
- Pain and suffering.
- Mental anguish.
- Disfigurement.
- Loss of consortium (in cases of wrongful death).
- Punitive damages.
Contact Hernandez Law Group in Dallas, Texas for a Free Consultation
If you or a loved one has been injured in a commercial vehicle accident in Dallas, Texas, you don’t have to face the stress of recovery alone. Allow the attorneys at the Hernandez Law Group, P.C. to make a stand on your behalf and fight for your right to fair compensation. We will help you successfully navigate the Texas lawsuit process to ensure you receive the compensation you deserve. A representative is available 24/7. Contact us today to schedule a free consultation and get started on a successful road to recovery.
FAQs:
A commercial vehicle is any “self-propelled or towed vehicle, other than a farm vehicle, that has a gross weight, registered weight, or gross weight rating under 48,000 pounds, that is used on a public highway to transport passengers or cargo.” This includes but is not limited to:
– Taxi Cabs
– UPS and FedEx Trucks
– Delivery vans
– Amazon Vehicles
– Limousines
– Hotel and Airport Shuttles
– Commercial Buses
– Construction vehicles
The liability can fall on multiple parties in a commercial vehicle accident. Oftentimes, the company that owns the commercial vehicle will be held responsible. However, there are instances where other parties may be held liable for the accident, these include:
– The driver of the commercial vehicle.
– The owner of the truck (if it was a lease or rental).
– Cargo loaders or shipping companies.
– Manufacturer of the vehicle.
– Manufacturer of some of the parts of the vehicle.
Injured parties have two years from the date of the accident to file a claim. However, the sooner you file your claim the better your chances are of getting the compensation you deserve. Individuals who choose to wait run the risk of evidence getting lost.