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Auto accidents between standard passenger vehicles can be very serious—even catastrophic—for those involved. Even auto accidents that result in relatively minor harm can still present a long list of frustrations when trying to secure compensation. However, accidents involving commercial vehicles are often much more complex and even more difficult to navigate. That’s why it’s important to speak with Houston commercial vehicle accident lawyers after a crash.
Zinda Law Group is here to help. Our Houston company vehicle accident lawyers can evaluate the facts of your case, navigate the law, and ultimately help you strategize a path toward maximum compensation for your injuries and property damage. If you or a loved one has been hurt by a company vehicle, call Zinda Law Group at (800) 863-5312 for a 100% free consultation with an experienced injury lawyer in Houston.
How are commercial vehicle Accidents different?
The first thing accident victims should bear in mind when considering a strategy for handling a commercial vehicle accident is simply that company vehicle accidents are not run-of-the mill car accidents. Of course, auto accidents can be complex and catastrophic in their own right, but commercial vehicle accidents often present unique challenges. If you were injured in a company vehicle accident, call one of our Houston car accidents lawyers today.
What Is a Company Vehicle?
First, it is helpful to define “company vehicle.” This is a diverse category, and defining its unifying characteristic is not as clean-cut as one might think. The Federal Motor Carrier Safety Administration (FMCSA) employs the following technical definition of “commercial motor vehicle”:
A motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
- weighs 10,001 pounds or more;
- is designed or used to transport more than 8 passengers for compensation;
- is designed or used to transport more than 15 passengers and is not used to transport passengers for compensation; or
- is used in transporting material found to be hazardous and transported in a quantity requiring warning signs.
This regulatory definition gives some insight and, by and large, is adhered to fairly closely by state-level regulators. However, for the purposes of a commercial vehicle personal injury case, this technical definition is somewhat limiting.
For example, 18-wheelers, passenger buses, utility trucks, oil-field service trucks, delivery trucks, and work vans might all come to mind as falling within the definition. However, you might just as likely bring a personal injury suit for harm caused by the negligent driver of a sedan on a highway as you would for the same harm caused by an 18-wheeler or delivery truck.
So, if not the “commercial motor vehicle” itself, what makes a commercial vehicle accident different from other accidents? The difference is how the vehicle is being used.
Are one of the involved vehicles being used in a commercial context? Is it being operated by a business for business purposes? If so, you likely have a commercial vehicle case.
Even an everyday passenger vehicle transporting only two or three people—for example, a rideshare service—may ultimately entail some of the challenges that define a “commercial vehicle” case. More on these challenges below.
The Size Factor
However, before addressing the strategic challenges that accompany commercial vehicle cases, it is worth noting that the FMCSA’s definition above does highlight one key difference characteristic of many (though not all) commercial vehicle accidents—namely, the size of the vehicles involved. The size of a vehicle makes a difference on three fronts; the first is the most obvious—the larger the vehicle, the larger the impact. In terms of safety, the passengers in a four-door sedan are at a huge disadvantage when hit by, say, and 18-wheeler.
Second, the larger the vehicle, the more inertia it has, which translates to longer stop times. Third, larger vehicles often have large blind spots.
The Insurance Institute for Highway Safety (IIHS) reported a total of 4,119 deaths from large-truck crashes in 2019. Sixteen percent of these deaths were truck occupants, 67 percent were occupants of cars and other passenger vehicles, and 15 percent were pedestrians, bicyclists, or motorcyclists.
Ultimately, all drivers are responsible for taking safety measures on the road and staying aware of their surroundings. However, because of the high risk of operating large vehicles, their operators are often held to a higher standard or care. Our Houston car accident lawyers can evaluate what standard of care applies in your case.
Read more: FMSCA, 2020 Pocket Guide to Large Truck and Bus Statistics; Insurance Institute for Highway Safety (IIHS), 2019 Fatality Facts—Large Trucks.
Strategic Differences
Now turning to the strategic differences entailed in handling a commercial vehicle accident; in general, these cases are much more complicated and contested than “standard” auto accidents. First, there are generally more potential at-fault parties; for example, in a case involving shipping of goods, liability might flow from the shipper, the trucking company, the loader, brokers, and even truck manufacturers. In turn, this means that there are more potential sources for recovery.
Second, damages will tend to be higher in cases involving a commercial vehicle; in part, this is because the potential for catastrophic harm is much higher. It may also have something to do with the commercial nature of an at-fault party’s negligence; that is, commercial actors are often held to a higher standard of care, particularly when engaging in higher risk activities like operating large trucks or transporting hazardous materials. Failure to follow the higher standard may result in higher damages than normal; often, part of the heightened standard means having adequate insurance to cover potential losses and injuries.
Thirdly, because of the high monetary stakes that often accompany these cases, potential at-fault parties may litigate more vigorously; for example, large companies may have in-house legal teams dedicated to handling lawsuits of this nature, and if there are multiple potential at-fault parties, they will fight to pass blame. Because of the high monetary stakes, any insurance companies involved will also push hard to avoid liability. Proving fault in these cases often translates to hiring more experts, which in turn means expense.
Evaluating these strategic considerations in the context of your case requires the attention of an experienced company vehicle accident lawyer. Call Zinda Law Group to speak with an injury attorney near you. Our Houston company vehicle accident lawyers are equipped to evaluate and handle your case.
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Legal highlights in commercial vehicle ACCIDENT cases
Having covered some of the factual and strategic differences involved in commercial vehicle cases, this section will address some important legal concepts that would likely come into play.
What Is Negligence?
Negligence is by far the most common cause of action brought in personal injury cases. Our Houston personal injury attorneys are experts in bringing this kind of claim. It is conceptually straightforward: Negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
Negligence may take the form of an act or, where there is an affirmative duty to act, a failure to do so. To win on a negligence claim, a plaintiff must prove four elements:
1. Duty, the obligation to protect others from unreasonable risk of injury;
2. Breach, the failure to meet that obligation;
3. Causation, a close causal connection between the action and the injury; and
4. Damages, the loss suffered.
All four elements must be proven by a preponderance of the evidence—if any element is missing, the claim fails.
The facts that lead to a negligence finding can be extremely diverse, since the chains of causation that may lead to accidents and injury are, quite literally, limitless. Each negligence claim requires a close look at the facts to see which drivers deviated from the duty to use “reasonable care” and to what degree.
Notably, in many contexts, the heightened standard of care imposed on certain commercial operators is mandated by statute or regulation. This may trigger a legal concept known as negligence per se, which allows acts in violation of a governing statute or regulation to be considered automatically negligent.
Evaluating a negligence claim and determining whether negligence per se applies requires a close look by a company vehicle accident lawyer at the facts and governing law. The company vehicle accident attorneys at Zinda Law Group have handled hundreds of negligence cases and are prepared to handle yours. If you were hurt by a company vehicle, call us and request to schedule a meeting to speak with a personal injury lawyer near you.
When Does Liability Begin?
Another point to bear in mind is that, in commercial vehicle cases, liability often begins long before the date of the accident; for example, parties may be considered at fault for the long-term perpetuation of unsafe company practices. They may also be at fault for negligent hiring (not properly vetting potential employees), negligent supervision (not properly ensuring work is being performed safely), or negligent retention (not removing an employee after their dangerous propensities become apparent). To avoid costly liability, companies may even cover up their violations and repeated violations.
Again, all of these potential sources of negligence may arise long before the date of an accident. Further, proving these kinds of misbehaviors generally requires intensive factual investigations. Unscrupulous defendants may try to frustrate the process by hiding incriminating evidence.
Our in Houston are ready to handle your case. Let our company vehicle accident lawyers investigate the facts and fight for you. Call us to speak with a Houston personal injury lawyer today.
What Is Vicarious Liability?
In many commercial vehicle cases, the legal concept of “vicarious liability,” which is a way of holding one party liable for the negligent acts of another, may also come into play. In particular, a special kind of vicarious liability known as respondeat superior may be used to hold an employer liable for the wrongful acts of an employee when those acts occurred within the scope of the employment.
Proving the vicarious liability of an employer is often a high stakes issue in situations where the negligent employee would not be able to pay out damages on their own. However, to successfully show an employer’s vicarious liability, a plaintiff must show that
1. The employee’s negligence was in the course and scope of their employment, and
2. The employer had the right to control the means and methods (e.g., driving a company vehicle) the employee used to achieve the goals of their employment.
The first requirement—course and scope—may run into factual distinction between a “detour” and a “frolic.” A detour is a minor and permissible deviation from the scope of employment; a frolic is an unauthorized and substantial deviation. An employer may be liable for an employee’s negligence during a detour but not during a frolic. As one might imagine, defining the course, scope, and degrees of deviation from either can become factually intensive based on the nature of the employment.
The second requirement—the employer’s right of control—may run into the distinction between an employee and an independent contractor. An employer has a right to control the means and methods an employee uses in performing their duties, but not the means and methods of an independent contractor. Accordingly, an employer may be held vicariously liable for the negligence of an employee but not for that of an independent contractor.
Rideshare Ramifications
One interesting area that is unfolding in the law is the rideshare industry. Courts across jurisdictions are still determining whether rideshare drivers are employees or independent contractors; of course, rideshare companies have a number of strong incentives to classify their drivers as independent contractors, not least of which is that such a classification allows them to avoid vicarious liability for their driver’s accidents. Our company vehicle accident lawyers are well acquainted with this developing area of the law.
Finally, one notable exception to non-liability for the negligence of independent contractors comes about in the context of “abnormally dangerous” activities. If someone hires an independent contractor to engage in such an activity (for example, hauling a tank of highly corrosive chemicals across the country), they may still be liable for related accidents. Further, accidents caused by abnormally dangerous activities often result in “strict liability,” which means that liability may attach even if all possible precautions were taken; in these scenarios, mere causation and harm may be enough.
Again, successfully arguing vicarious liability is often a central component of a plaintiff’s personal injury case. If you have been hurt by a company vehicle, you may find yourself in this position. If so, it is especially important that you consult with an experienced company vehicle accident lawyer, so call Zinda Law Group to speak with one of our Houston company vehicle accident lawyers today.
I had the best experience with the Zinda law Group! Shivangi Was the the most professional and caring attorney anyone could ask for! She did everything in a timely matter and answered all the questions I could ever think of. Her paralegal, Danielle was always there for me throughout the entire process. She worked around my schedule and was very consistent about helping me in any way she could. If I could give this team 6 stars I would!! I highly recommend to anyone looking for the best team! I had the privilege of working with Zinda Law Group recently and was thoroughly impressed with the level of service and support they provided. When we began, I had reservations about the likelihood of reaching a settlement, but the team's professionalism, intelligence, and dedication quickly put those doubts to rest. They went above and beyond to ensure that I was informed and comfortable throughout the process, and their hard work and strong advocacy ultimately led to a successful outcome. 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They were very thorough in explaining the different scenarios, and extremely transparent with all the possible outcomes.Thank you to every person who aided in the success of my case, all of whom were exceptional in their tasks and working as a team. The Zinda Law Group was outstanding in helping me with my aunts case. My two Attorneys Neil and Shivangi were very compassionate, kind, eager to help, and really listen carefully and attentively to my case about my aunt. My aunt got hit by a driver while crossing the street and killed. I went after the guys insurance; although, this doesn't bring back my aunt, but allows for this not to happen to other people like this in her case. These attorneys worked very hard and efficiently to bring the justice that they saw fit. When I had a question they explained in terms I understood and not above and beyond me. I appreciate it when people can come down to my level and not intimidate and use trepidation on someone in feeling like they are the fly while they're the spider waiting for the right moment for the fly to walk into its web.Neil and Shivangi always whenever they called asked me how I was at the beginning of our conversations and is there anything I needed at the end of each call. Each call they made to me, was made very professional, personable and felt heart felt as if you were part of the family. At the end of each subject matter they always asked, "Do you have any questions for me before we go to the next thing we need to talk about?" They always wanted to make sure I understood everything before the next item we needed to talk about. These guys really are good and want to please the client anyway they can I thought; when I first started talking to them. I give them above and beyond a 5-Star rating if there was such a thing. I Highly Recommend The Zinda Law Group to Anyone who needs them. This is what I give them if I could!!💯💯💯💯💯 and👍👍👍👍👍 and⭐⭐⭐⭐⭐❗❗❗THANK YOU TO NEIL, SHIVANGI, MARA AND TO EVERYONE AT THE ZINDA LAW GROUP WHO WORKED ON MY CASE!! I APPRECIATE YOU ALL! I would like to recognize a fantastic attorney named Joe Caputo from Zinda Law Group. I was involved in an auto accident that had many complicated moving parts that were hard to navigate and understand as a victim. Joe was so gracious and spent quality time explaining what courses of action I needed to take as a victim to protect myself. Joe was also diligent in following up with me regarding my case and provided guides and checklists that were extremely helpful to keep things organized and moving. Joe was always readily available for my questions and responded promptly. Joe Caputo's excellent counsel ensured I protected myself when dealing with the opposing insurance company and ensured the best possible outcome for my case. Joe's expertise in personal injury lawsuits helped alleviate the stress and anxiety that follows the aftermath of an auto accident. Thanks again Joe! You are truly an amazing, kind person and attorney! Zinda Law was incredibly amazing. I had the pleasure of working with Michael and his incredibly hard working team after my wreck in November. They went above and beyond keeping up with my health, bills, insurance companies, all that fun stuff I had no time for. After what felt like such a short amount of time, they were able to win every last penny from the "bad guys" insurance (loved that term). I couldn't happier, and even though I went through something traumatic, it was still the best experience I could have ever asked for. Thank you Michael and everyone that helped with my case, yall are the best!! 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I’m so happy and thankful to Zinda law group!!!!!! Zinda Law Group did an excellent job with my case. The staff was super friendly and super effective as far as communicating with me throughout the entire case. I highly recommend Zinda Law Group for your next case and for any of your future cases. 5 Stars across the board thank you so much for everything! Joh Harper, Priyonka Bhikha, and the rest of the team gave my case a quick and satisfactory conclusion. The attorney, Mr. Harper did an absolutely amazing job keeping me on the same page as far as the case goes. Honestly, if anybody is hurt in a car wreck or another personal injury case, I WILL STRONGLY RECOMMEND THAT YOU SPEAK TO THEM. I was in a motor vehicle collision about two years ago. From the minute I picked up the phone to speak with a representative to the case finally settling, it was a great experience. I worked with Burgess Williams and his team (Kathy, Ryan, and Linda) throughout the process. They were all very professional and helpful when I needed them the most. Great Firm. I was in motorcycle accident- T-boned at a full stop with my daughter riding on back. Zinda's team was instantly responsive. Christina was very compassionate, organized and scheduled time before every legal event to discuss goals and overview. The process was 2 years but during that time the lawyers and staff (John and Shane were also great) were always available and understanding. The team is focused on doing what is right and by the book. I would highly recommend this firm to anyone who is suffering from a motorcycle accident. Jason Aldridge and his paralegal Mara did an absolutely amazing job on my case. They were very responsive to all emails, calls and even texts. They treated me with dignity and respect from start to finish. I never once felt like my case was at the back of the list or anything. 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I would recommend them to anyone that's been involved in an accident and feels skeptical in engaging an attorney.When one gets into an accident, you're traumatized, confused, angry and helpless.That was me last year, getting all kinds of advice becomes your next norm, to use or not to use an attorney.I was in so much pain from my injuries but at the same time knew I had to act fast.I called Zinda Law Group for consultation, they took my case seriously and treated me with respect, they were very professional and understanding.Elizabeth, kudos to you, you're true to your word, Integrity should be your last name.Jason Aldridge my attorney went to work immediately, he assured me that all be well and I should concentrate on my healing and he will do the rest. Thank your Sir, You did just that.His team, Mara, Zuleyma and Andrew, they all become my support system, so professional and lots of respect in each and everyphone call or email. Thank you guys.I would recommend anyone to use Zinda Law Group. I honestly loved not dealing with the hospital bills while I was recuperating. It gave me peace of mind going through this process and Zinda took care of everything. They found awesome health providers for me and haven't had to worry about anything while they've been taking my case. I've been well informed, communicated with, responded to and understood by Zinda. They have been efficient and effective while working on my case and I'm so glad I choose to go with this law firm. When I was injured in a car accident in March of 2020 the insurance companies were not concerned with my well being. I called Zinda Law group & spoke with Reagan, who went over my concerns & later had Jono contact me. After reviewing my information with Jono my case was immediately put in motion. I worked mainly with Sam Thomas who truly was a blessing to me, he was very supportive & genuinely concerned with my well being, everything wasn't simply about the case it was about me being healed & getting the proper treatment that I needed. Sam was also emotionally supportive when I went through several losses in my family & is a great friend. In all everyone was extremely supportive & all worked for me which was quite a different legal experience for me from Law groups in my past. I was well supported, always informed, treated with respect & made the priority in all decisions. Zinda Law Group made sure I was compensated completely & that I didn't have financial stresses over hospital bills after all was said & done. Sam, Katrina, Mary Catherine, Reagan & Jono I just want to thank you & all of Zinda for the incredible experience & the wonderful caring people that you all are, you are truly Golden in your field. I am so glad I got in touch with Zinda! My car accident occurred just 4 days prior to moving, during the busiest week of the year at my job, and just a week before the quarantine was declared a new reality for all of us. Everyone at Zinda remained persistent, supportive, and most of all advocated for me throughout such a chaotic time. I’ll always be grateful for the care they took to make sure my health and well-being were taken care of. So super grateful to know that a split second mistake someone else made doesn’t have to dictate my life. Thanks! My experience with Zinda Law Group was better than expected. After an accident that totalled my car, I reached out and was paired with a wonderful attorney. She communicated frequently and responded to my calls and texts in a timely manner. She was friendly, knowledgeable, and answered all of my questions. I was kept in the loop during every step of the process. I would call Zinda Law if I ever need this type of support again. I had an excellent experience working with the attorneys at Zinda Law Group! They were knowledgeable, professional and patient. They walked me through every step of the long process of getting treatment after my car wreck and kept me updated with timeframes and next steps. I would absolutely recommend anyone working with them! I was referred here by a family member. Our lawyer jason and his team did and amazing job. They kept me updated in everything made sure I understood what was going on. My son was hit by a van in the hospital jason came right over. He's awesome so much down to earth straight forward. I would recommend him and his firm to everyone and I have thank you zinda but most of all thank you Jason for being there for us for being a friend Zinda Law Group was recommended to me from another satisfied client and I certainly received excellent service. The attorneys and staff are very proactive with communication and I knew every step of the way what was happening on my case. I never felt pressured with decision making and they went above & beyond to answer questions with satifactory explanations. This is a very professional group of attorneys & support staff. In addition, they were willing to meet me at a location more convenient for me. I appreciated their concern for my time. Could not speak highly enough of the firm. I was involved in my first accident and thankfully had Zinda Law Group supporting me through the scary time. Jono took care of me every step of the way. He made me feel like I was a priority through the entire process. A big thank you to Jono and the rest of the Zinda crew! ‹
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What Is Comparative Fault?
Many states, including Texas, apply the rule of comparative fault. First, if a plaintiff is partially at fault for an accident, their recovery is reduced proportionally. For example, if a court finds that a plaintiff suffered $100,000 in damages but that they were 30 percent responsible for the accident, then the plaintiff may only recover $70,000 in damages. Further, “a claimant may not recover [any] damages if his percentage of responsibility is greater than 50 percent.”
Proving comparative fault is often highly contentious. Further, though the law theoretically proposes that someone may be “50 percent” at fault, a jury often struggles to differentiate the hairsplitting difference between 49 percent and 50 percent. Ultimately, the difference is made not by the numerical distinction but by the persuasiveness of the arguments presented to the jury.
Zinda Law Group injury lawyers in Houston have years and years of experience making these arguments. Call today for a free consultation with a commercial vehicle wreck attorney in Houston today.
Read More: Tex. Civ. Prac. & Rem. Code § 33, Proportionate Responsibility
What Is a Statute of Limitations?
Finally, every personal injury case is governed by a statute of limitations set by the state in which the accident occurred; this is very simple but all important. Essentially, a statute of limitations sets a deadline after an accident after which a claim cannot be brought; the deadline acts as a virtually absolute bar to bringing a case. The statute of limitations in Texas is set at two years; in other words, if you do not bring suit within two years after the date of your accident in Houston, you have forfeited your chance for compensation.
If you have been involved in an accident and are considering bringing suit for compensation, do not hesitate to speak with a company vehicle lawyer. Time is of the essence; the sooner you reach out to a company vehicle accident lawyer, the more time they will have to evaluate your case, investigate the facts, review the governing law, and strategize your path toward maximum compensation. Our Houston car accidents lawyers are only a call away.
Read More: Tex. Civ. Prac. & Rem. Code § 16.003, Two-Year Limitations Period
Our Houston company vehicle accident lawyers can help
Company vehicle accidents are not your everyday kind of auto accident; they can be factually and legally very complex. Further, because they frequently involve high monetary stakes, they can be very hotly contested. At Zinda Law Group, we believe that no victim of personal injury should lack excellent legal representation; our attorneys pride themselves in providing that representation.
If you or a loved one was injured by a company vehicle, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our Houston personal injury attorneys. Tell us about your case, and we will tell you how we can help.
Meetings with attorneys are available by appointment only.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
