Not every workplace vehicle is a 18-wheeler, but the injuries they cause can be just as devastating. If you were hurt while driving a company van, box truck, delivery vehicle, or fleet car — or were struck by one while working — you may have claims that go far beyond a standard workers' compensation filing. Commercial vehicle accidents on the job involve overlapping layers of liability: your employer, a vehicle manufacturer, a maintenance contractor, another driver, and even a government entity responsible for road conditions.
Many injured workers in San Antonio accept the first offer they receive from an insurance adjuster without understanding that workers' comp typically covers only about 70% of lost wages and excludes compensation for pain and suffering entirely. If your employer is a workers' comp non-subscriber — which many Texas businesses are — you can pursue a full negligence lawsuit with no cap on damages. And even if your employer does carry workers' comp, a third-party claim may be available and can dramatically increase your total recovery.
At The Garza Law Firm, Edward T. Garza has recovered more than $35 million for injured clients across San Antonio and Texas. We understand the pressure you are under and the fear that comes with not knowing how you will pay your bills while you heal. Our firm works on contingency — you owe nothing unless we win.
Key Facts About Commercial Vehicle Accidents in Texas
The BLS Census of Fatal Occupational Injuries consistently ranks transportation incidents as the leading cause of worker deaths in the United States, accounting for more than 38% of all fatal work injuries in recent years.
Texas DWC data shows that thousands of compensable vehicle-related workplace injuries are reported each year in Texas, but many go unclaimed because workers do not know their employer opted out of workers' comp.
Fleet vehicle maintenance negligence — including worn tires, failed brakes, or ignored recall notices — creates product liability and employer negligence claims independent of a workers' comp filing.
Under Texas Transportation Code, employers who knowingly allow unsafe vehicles to be operated on public roads may face civil liability for injuries that result, even if those injuries occur to their own employees.
OSHA Standard 29 CFR 1910.178 and related standards require employers to maintain powered industrial vehicles and fleet vehicles in safe operating condition. Documented OSHA violations are admissible as evidence of negligence in Texas civil courts.
Common Questions About Commercial Vehicle Accidents
I was in a company vehicle accident during work hours. Who can I sue?
You may have claims against your employer (especially if they opted out of workers' comp), the driver of another vehicle, the manufacturer of a defective vehicle component, or a contractor responsible for vehicle maintenance. Each theory of liability is independent, and you may pursue all of them simultaneously.
Does it matter whether I was driving or a passenger in the company vehicle?
It matters for some analyses, but injured passengers in company vehicles generally have strong claims against all negligent parties, including the driver's employer. As a passenger, you bear no contributory negligence for the driving itself, which can strengthen your case.
What if I was partially at fault for the accident?
Texas follows a modified comparative fault rule under Civil Practice & Remedies Code §33.001. You can still recover as long as your percentage of fault does not exceed 50%. Your total damages are reduced by your assigned percentage of fault, but you are not barred from recovery unless you are more than half responsible.
Can I file both a workers' comp claim and a personal injury lawsuit?
Yes — if your employer carries workers' comp and a third party caused your injury, you can file a workers' comp claim with your employer and a separate personal injury lawsuit against the third party. Workers' comp may have a right to reimbursement from your third-party recovery (subrogation), but the net result is almost always higher than workers' comp alone.
You Don't Have to Figure This Out Alone
When you hire The Garza Law Firm, we guide you through every step of the legal process so you can focus on what matters most — your recovery.
Free Case Evaluation
We assess the accident, your employment status, your employer's workers' comp coverage, and all potential third-party defendants at no charge.
Scene and Vehicle Investigation
We coordinate prompt inspection of the vehicle involved, preservation of telematics and GPS data, and documentation of road conditions, signage, and surveillance footage before evidence is lost.
Employment and Insurance Records Review
We obtain your employer's workers' comp status from the Texas DWC, pull all relevant insurance policies, and identify every available source of recovery.
Injury and Wage Loss Documentation
We collaborate with your medical providers to fully document your diagnoses, treatment plan, and prognosis, and we calculate both current and future lost earnings with precision.
Settlement Demand
We present a comprehensive demand to all responsible parties backed by documented liability, medical records, and economic analysis, and negotiate to maximize your total recovery.
Trial Preparation and Litigation
If insurers refuse to offer fair value, we prepare the full trial record and are ready to take your case before a Bexar County jury.
Ready to Discuss Your Case?
Contact The Garza Law Firm today for a free, no-obligation consultation. There is no fee unless we win.
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