Among the commercial vehicles that most occupy public roadways are:

• Large trucks
• Box trucks
• Delivery trucks
• Semi-trucks
• Tractor-trailers
• Travel trailers exceeding 10,000 pounds
• Large vans (intended to carry more than 15 passengers)
• Taxicabs
• Coaches
• Buses
• Heavy equipment (backhoes, bulldozers, large farm equipment, etc.)

Most commercial vehicle companies will attempt to distance themselves from an accident and their own drivers in an attempt to limit their liability, even if this means throwing the employee under the bus. Commercial vehicle companies also employ teams of investigators and attorneys whose sole purpose is to challenge claims and reduce the amount of money that the commercial vehicle company has to payout.

Among the tactics commercial vehicle companies will use to dismantle your claim are:

Recorded Statements – The commercial vehicle company’s insurer will contact you after the accident requesting a recorded statement. While they claim this is to they can better understand your injuries and streamline the payout process, they are actually trying to get you on record saying something that harms your case. It is essential that you speak to an attorney before providing such a statement. Do not be bullied, you have no legal requirement to answer the insurer’s questions without the advice of your attorney.

Low Settlement Offers – The insurance company wants to settle your claim for as little as possible. They know that you are in a state of chaos and confusion and will take advantage of it. While it may be tempting, do not accept the insurer’s offer without consulting with your attorney first.

Destroying Evidence – Oftentimes, a commercial vehicle company will attempt to destroy or alter records or evidence after an accident with the goal of hiding their mistakes. An attorney can file a court-ordered temporary restraining order in order to preserve any and all evidence in the state that it was in at the time of your accident.

Not Ordering a Drug or Alcohol Test – Some companies will tell drivers involved in an accident not to submit to a drug or alcohol test if they think the driver was impaired when the crash occurred. The driver may feel pressured as being under the influence while behind the wheel can end their career. Federal regulations actually require drivers get tested following a crash. Still, the fine for violating this regulation is much less damaging than the repercussions of a trucker driving under the influence of alcohol or drugs.

Delaying the Claim – May commercial vehicle companies will attempt to delay your claim in the hopes that you will lose the will and financial resources to fight. Thomas J. Henry has the money and manpower to see your case through to the end and knows how to drive a case forward.

As long as the truck driver is an employee of a commercial vehicle or trucking company, your lawsuit will seek damages from both the driver as well the company who employs the driver. Texas law is very clear on this, stating that commercial vehicle companies are responsible for the negligent actions of their employees.

In addition to being responsible for driver negligence, commercial vehicle companies are also responsible for ensuring:

• Their drivers have obtained and maintained proper licensing to operate a commercial vehicle
• Their drivers have not committed any disqualifying criminal offenses that would compromise their CDL
• Their drivers understand they are prohibited from using handheld devices while driving
• Their drivers are in compliance with hours of service regulations at all times
• Their vehicles are properly maintained and inspected regularly

Failure to adhere to these regulations or any others coded in Title 49 of the Code of Federal Regulations and the Federal Motor Carrier Safety Act (FMCSA) can result in a trucking company being held responsible for your injuries.

In some cases, your attorney may decide it is best for you to sue the trucking company only and not the driver.  This is because you are seeking compensation for your injuries and any other damages. While you may want to bring the driver to justice, limiting your lawsuit to the company might be the most financially viable action and the most likely to help you in your recovery.

If an employee is off the clock when a company vehicle accident occurs, the employer may still be liable for the crash in certain situations.

For example, companies and employers are responsible for ensuring any and all company vehicles are properly maintained and are free of dangerous defects. So, if a company vehicle crash involved a vehicle that was improperly maintained, had defective equipment, or was previously subjected to an unaddressed safety recall, the company or employer that owns the vehicle can be held legally liable for any damages.

Even if the vehicle is not defective and the crash was entirely the fault of the off-the-clock employee, Texas law says that companies and employers can be held responsible for providing the employee with a vehicle if the employee’s actions demonstrate that he or she was a reckless, careless, or incompetent driver.

When an employee causes a wreck while on the job, the employer is generally responsible. However, there are also situations in which an employer can be held responsible for an employee’s crash even if the employee is not on the clock at the time of the collision.