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Mario: Hi Jason. I was hit by a guy driving a company truck and I’m thinking about suing. Who do I sue?

Jason:  Thanks for the question, Mario. You can seek damages from both the trucking company and the driver.

Mario: Really, both?

Jason: Yes, although you may also choose to seek damages solely from the employer if it’s in your best interest to do so. Texas law states that commercial vehicle companies can be held responsible when their employees are negligent.

Mario: What do you mean by negligent?

Jason: This means the driver was doing something he wasn’t supposed to do – like running a red light. Or it can mean he failed to do something he should, like turn his lights on or fail to yield to traffic.

Mario: That’s good to know. But this guy wasn’t doing any of that. He was looking at his phone when he hit me.

Jason: You can still seek compensation from his company. Commercial vehicle companies are also responsible for restricting their drivers from using handheld devices while driving.

Mario: Sounds like I might have a case.

Jason:  Yes, it does Mario. I suggest that you speak to an attorney about this. You’ll have to be able to prove that the driver was on his phone. An experienced personal injury attorney will know how to help you prove this. Plus, there could be other things going on that you don’t even realize that your attorney will look for.

Mario: Like what?

Jason: Well, commercial vehicle companies are also responsible for making sure that their vehicles are inspected regularly and maintained. The truck that hit you could have had faulty brakes or some other malfunction that played a role in the accident.

Or the driver may have been on the road for too long, pushing past the limit for the day.  This could have resulted in him being tired and making poor decisions. These are just a few of the things that his company could be held responsible for.

Mario: I hadn’t thought of all of that. Looks like I need to hire a lawyer.

Jason: Good idea, Mario. And here’s one more tip – there are lawyers who take cases like yours without any upfront money. I don’t ask for a dime from my clients unless we win their case. If a lawyer asks you for money upfront, I suggest you find a different one.

Mario: Thanks Jason!

DeSouza Law firm is a leading personal injury firm representing accident victims throughout Texas.

If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call DeSouza injury Lawyers today at 361-799-2222 or visit the firm online at

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