If you or a loved one was injured as the result of a commercial vehicle accident, you may be able to secure financial recovery based on the details of your case. Recovery in this type of accident claim can include medical care costs, pain and suffering damages, and other losses and expenses.
An attorney from D. Miller & Associates, PLLC serving McAllen may be able to file your insurance claim or take your case to trial on your behalf. Let us evaluate the merits of your case today. We offer free case evaluations to the victims of motor vehicle accidents in many areas of Texas, including McAllen. Call (713) 850-8600 today to get started.
Understanding the McAllen Commercial Vehicle Accident Claims Process
It may be possible for D. Miller & Associates, PLLC to secure the necessary evidence to support your claim and negotiate an insurance settlement in your case. However, the first step in pursuing financial recovery in this type of accident is being able to identify the liable party or parties. Accidents involving commercial vehicles can differ from your typical fender-bender because of the number of parties that can be found responsible.
A common law legal doctrine, respondeat superior, may apply depending on the facts of your case. Respondeat superior allows an employer to be held vicariously responsible for the actions of their employees.
Under respondeat superior, the individual driver of a commercial vehicle is not the only liable party. Instead, victims can also pursue recovery based on the driver’s employer and their insurance policies. For respondeat superior to apply, the following must be true:
- The at-fault driver was classified as an “employee” of the company at the time of the accident.
- The at-fault driver was engaged in work that was within the “course and scope” of their job at the time of the accident.
If we believe we can hold the driver’s employer vicariously accountable in your case, we will file a claim on your behalf with their insurer. We can handle all communications with the defendant’s legal team, collect all necessary evidence, and argue for a fair settlement on your behalf. You can focus on healing while we fight for your financial recovery.
Reach out to D. Miller & Associates, PLLC today. A member of our commercial vehicle accident team serving McAllen, Texas can help you understand your options. Call (713) 850-8600 to learn more and to take the first steps toward potential financial recovery today.
Financial Recovery in a McAllen Commercial Vehicle Accident Case
When you pursue financial recovery following an accident in Texas, you may be able to recover damages for physical and emotional losses.
This can include:
- Medical treatment and related care costs
- Lost wages and benefits
- Reduced earning ability because of permanent injuries
- Repair or replacement of your vehicle
- Other property damage
- Pain and suffering and inconvenience
- Mental anguish
If a member of your family passed away as a result of a commercial vehicle accident, financial recovery will likely not ease your grief. However, it can make it easier for you to make ends meet and cover the related costs. Let our team evaluate your case to see if we can take legal action on your behalf in a wrongful death action.
Statute of Limitations Following a Commercial Vehicle Accident
There are time limits on how long you can wait to file a lawsuit following any type of negligence accident injury in Texas. Under Texas law, victims generally only have two years from the date of their accident to pursue the cost of their losses. Depending on who was involved in the incident, however, may affect this timeline.
While this deadline does not apply to an insurance claim, the ability to file a lawsuit can work as leverage against the insurance company when negotiating a settlement amount. We recommend taking prompt action so that we can examine the details of your situation and establish how certain dates and timeframes may apply to you.
Commercial Vehicle Traffic in McAllen, Texas
Commercial vehicles, especially those that move cargo back and forth across the border, are common in McAllen and elsewhere in the Rio Grande Valley. This is because cross-border trading with Mexico plays a large role in the McAllen economy, according to Forbes.
In addition to 18-wheelers and semi-trucks moving cargo, there are other types of commercial vehicles in McAllen. This may include almost any type of vehicle owned by a company and driven by an employee as a part of their job.
Other types of commercial vehicles may include:
- Delivery trucks
- Dump trucks
- Garbage trucks
- Work vans
- Construction and landscaping trucks
- Company cars
- Food trucks
If you were the victim of an accident involving any of these kinds of vehicles, or another commercial vehicle, reach out to a lawyer serving McAllen, TX at D. Miller & Associates, PLLC today. We want to discuss your accident and injuries with you as soon as possible following the stabilization of your condition. We will evaluate the strength of your case today over the phone for free. Call (713) 850-8600 now to get started.
Talk to a Commercial Vehicle Accident Attorney Serving McAllen, TX
If you suffered injuries from a commercial vehicle accident, our staff at D. Miller & Associates, PLLC may be able to help you pursue financial recovery based on the facts of your case. Learn more today during a free case evaluation performed by a member of our team. Call today at (713) 850-8600 for more information.