El Paso Commercial Vehicle Accident Lawyers
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Driving a company car may be exciting for some employees, but it can be annoying or even hazardous for you if the driver of a company car or truck forces you to have to do an internet search for “personal injury lawyer near me.” If you or a loved one has been in a commercial vehicle wreck, attorneys in El Paso, TX, at Zinda Law Group are here to help. Our El Paso commercial vehicle accident lawyers are experienced, dedicated, and client oriented.
Even better, our lawyers provide 100% free consultations, and you only need to pay them if they win your case! To take advantage of your free, initial consultation, call our El Paso personal injury lawyers today at (800) 863-5312.
Commercial vehicle accident FAQs
All car accidents are scary, but they can feel especially overwhelming when you realize that the person at fault for your injuries was driving their company car. If you have found yourself in this position, you probably have a lot of questions; at Zinda Law Group, our El Paso company vehicle accident lawyers have the answers. In the meantime, however, here are a few common FAQ.
Why Does It Matter If It Was a Company Car?
Every time we buckle our seatbelts in the car, we are bound to at least pass one company car on our ride. They are everywhere, which is why it is so important that the employees driving them are doing so carefully and are taking all of the precautions that they are obligated to take.
When an employee fails to drive the vehicle responsibly, their employer may be liable under a doctrine called “respondeat superior.” This means that if someone is injured in an accident with a company car, they can sue the company itself. This is beneficial for the plaintiff and for society at large because it makes it more likely that the plaintiff will be able to recover the compensation they are entitled to, and it forces the company to ensure that their employees are driving company vehicles safely.
What Is a Company Car/Commercial Vehicle?
You may only think of company cars as the 18-wheelers you pass on I-10, or as the Amazon delivery truck that drops off your packages. However, the terms “company car” and “commercial vehicle” actually encompass a lot more than that.
In Texas, a vehicle is a “commercial vehicle” if it is used on a public highway to transport people or things, and weighs over 26,000 pounds, is designed to transport more than 15 passengers, or is used to transport hazardous materials. Here are just a few common examples that satisfy this definition:
- Large trucks
- Large vans
- Coach buses
- Regular buses
- Box trucks
- Delivery trucks
Additionally, a “company car” includes even more types of vehicles. Figuring out whether the vehicle that negligently caused your injury is in fact a “company car” or “commercial vehicle” is not a job you need to take on yourself. At Zinda Law Group, our El Paso commercial vehicle accident lawyers are experienced in this task and can figure that out for you.
What Kinds of Injuries are Common from Company Car Wrecks?
These types of moving vehicle accidents can cause all different kinds of injuries, ranging in severity. How serious the injuries are can depend on many different factors, such as the size of the company vehicle, how fast it was going, and at what angle it hit you.
Some common accident injuries are:
- Spinal cord injuries
- Traumatic brain injuries
- Broken bones and fractures
- Cuts, lacerations, and bruises
- Internal organ injuries
- Post-traumatic stress disorder
- Other mental injuries
However, it is important to note that even if your injury isn’t on this list, you should still talk to an El Paso personal injury lawyer. You don’t need a certain type of injury to have a successful case, you just need an injury that was caused by someone else.
What Kind of Compensation Might I Receive?
No matter how experienced our El Paso personal injury attorneys are, they cannot predict the exact amount that you could receive in compensation. However, they can generally help you set your expectations.
There are generally three types of damages you could be entitled to: economic damages, non-economic damages, and punitive damages. Economic damages refer to the costs that would be easy for you to count, like the costs to repair your car or the medical bills that you paid. Non-economic damages refer to compensation for things like your pain and suffering that you experienced because of the accident.
Punitive damages, sometimes called “exemplary damages,” are awarded in order to punish the defendant and remind them to behave. In a case like this, punitive damages would be awarded to compel the company to make sure that its drivers are driving responsibly and that there are company protocols, policies, and measures in place to make sure they do so. In Texas, punitive damages can be awarded in personal injury cases; however, they are capped at a certain amount depending on the other damages you are entitled to.
How Long Do I Have to File a Lawsuit?
In the state of Texas, for personal injury lawsuits there is a two-year statute of limitations. This means that you have two years from the day of the accident to file your suit. This may feel like a long time, but when you are dealing with the aftermath of a car accident, time flies by quicker than you may think. It also takes quite some time to prepare for filing a lawsuit.
Thus, even though you have two years when you have been injured in El Paso, it is important that you contact a commercial vehicle wreck attorney in El Paso as soon as you can. Doing so will allow your lawyer to get the case filing and investigation process going.
Why Do I Need an Injury Lawyer in El Paso?
You may be wondering to yourself, why do I even need an injury attorney near me? That is a valid question, but the reality is that filing these cases—and winning these cases—is not easy. Generally, companies have (1) a lot of insurance to protect them, and (2) a big incentive to win your case.
No company wants to be sued and have to pay a plaintiff for their injuries, especially when they are looking at the possibility of punitive damages. This is not to mention the fact that companies want to avoid bad press. Their insurance company, who defends them in the lawsuit, also has a pretty big incentive to fight your case and try to win.
Accordingly, an injury lawyer in El Paso is necessary for you to succeed in a case like this; however, that shouldn’t worry you. At Zinda Law Group, our experienced commercial vehicle wreck attorneys in El Paso can take care of you and walk you through every step of the complicated process. Even better, you don’t have to pay our attorneys if you lose your case, so there is no reason to not retain one to be by your side.
WHAT TO DO AFTER A COMPANY VEHICLE ACCIDENT
The reason it feels like there is a UPS driver or an 18-wheeler beside you at all times is probably because there is. Commercial vehicles—for ill or good—are a common occurrence in our everyday lives, and just like everyone else, their operators sometimes have poor judgment and make dangerous decisions.
Although it is impossible to avoid accidents caused by the negligence of others, you can prepare yourself for what to do in the aftermath. If you or a loved one has been in a commercial vehicle accident, consider taking the following steps.
1. Seek Medical Attention.
Your health and safety should always be the first priority, so make sure to remember that and see a medical professional for your injuries. Sometimes you may feel fine and may just want to shake it off, but it is always best practice for you to see a doctor. A lot of injuries, especially those internal, may not show up at first.
Furthermore, without medical attention your injuries can exacerbate and get much worse. Waiting to see a doctor can also make your case difficult to prove. Sometimes the insurance company for the defendant may try to argue that the accident wasn’t the cause of your injury because you waited so long to get checked out; thus, it is important to get checked out as soon as you can.
2. Get Information at the Scene.
If you are able to start gathering information at the scene, it will be very helpful for your El Paso personal injury attorney down the road. If you can, take pictures of the scene to show the layout of the vehicles and the damage that was caused. You also want to take pictures of the company vehicle and any branding it may have on it.
It is extremely important that you get the contact information for the driver who caused the accident; get their name, address, employer, and which location employs them, if applicable. If there were any witnesses on the scene, you should get their names and contact information as well, because their testimony may be helpful down the road. While on the scene, tell the police officers who arrive what happened, and explain how the other driver caused the accident.
3. Continue to Document Everything.
Even when the day of the accident has come and gone, it is still important that you continue to document what you can. This means hanging on to medical bills, emails from your employer showing that you had to take off work, or other expenses you had like out-of-pocket costs for therapy. The more you have relating to your case to show your El Paso personal injury lawyer, the better.
4. Don’t Talk to Their Insurance.
The insurance company may try to contact you after the accident, but it is very important that you do not give them any information. Even if they are asking kindly and are saying they want to help you, at the end of the day their goal is to ensure that you don’t sue them or, if you do, that you don’t win. Instead, you should only talk with a representative from the insurance company when your attorney is in the room and advises you to do so.
5. Call Zinda Law Group.
Last but certainly not least, call Zinda Law Group. Our experienced commercial vehicle wreck attorneys in El Paso can fight for you to get the maximum amount of compensation possible. We know it can feel like an overwhelming and uncomfortable process, but we are here to walk you through every step of the way.
THE INS AND OUTS OF A COMMERCIAL VEHICLE WRECK LAWSUIT
Generally, these types of cases involve a negligence cause of action. This means that you, the plaintiff, would need to prove that the other driver acted negligently. This can be proven by showing that they committed a traffic violation, they were speeding or under the influence, or they were texting or distracted by something else.
Negligence has four elements that need to be proven by the plaintiff: duty, breach, causation, and damages. This means you need to prove that the defendant had a duty to use reasonable care, and they breached this duty, which caused your injuries which resulted in your damages.
These cases can be complicated because sometimes the employer, the company that owned the car, may try to argue that they should not be responsible because the employee was not acting in the “scope of their employment” when the accident took place. This is because the company is only responsible when the accident took place while the employee was on the job; for example, if the accident occurred while the FedEx delivery driver was out delivering packages.
Although it may seem clear-cut, this area can actually get pretty murky. Oftentimes employers will try to make creative arguments to avoid liability. An experienced El Paso personal injury lawyer is familiar with this complexity and can help you prove in court that the other driver was in fact acting in the scope of his employment, and therefore the employer is responsible to you for damages.
Don’t wait; Call our El Paso company vehicle accident lawyers at Zinda law group today
Dealing with an insurance company, filing a lawsuit, and gathering everything you need to show that you were unjustly injured is a huge hassle, and it is a hassle that we don’t want you to have to take on all by yourself. At Zinda Law Group, our experienced El Paso personal injury lawyers are ready to take on those burdens for you and help you receive the compensation you deserve for your injuries.
We also understand that you have already struggled financially, which is why we promise to not charge you a penny unless we win your case; that means if we for some reason lose the case, you would walk away without a bill from us. That is our “No Win, No Fee Guarantee.” To take advantage of this opportunity, call (800) 863-5312 today for your first, 100% free consultation.
Meetings with attorneys are available by appointment only.