An accident with another vehicle can be traumatic and confusing as it is. You immediately start assessing yourself, any passengers, your vehicle, the other vehicle, and surroundings. If you do not have a background in law, you are likely worrying about next steps. If it is not a hit-and-run, you understand that the other driver is present, and all the initial pieces are in place. But what if the other vehicle is a commercial vehicle, and you have been injured? It might be a truck for a local plumber or a large vehicle delivering packages for a behemoth like Amazon. Suddenly, that other person is replaced by a faceless entity.
Defining a Commercial Vehicle
So what exactly is a commercial vehicle? A commercial vehicle is any vehicle that is on the road for the purpose of conducting commercial business. Trucks delivering groceries, couriers, taxis, box trucks bringing flowers to a wedding, semis delivering furniture to chain stores, and even Uber drivers qualify. The drivers are also quite often not the owner of these vehicles.
It can sometimes get a little murky when it comes to an accident with an employee driving a business-owned automobile. This is why it is good to have an attorney on your side. If the employee was working when the accident happened in a manner that is within the scope of employment, then the company is likely liable, as long as you were not the cause of the accident, of course. On the other hand, if the employee was dropping off his son’s backpack at a local grade school, this may absolve the company from liability. Then it might fall solely on the driver. Keep in mind that it is possible for liability to fall on both.
Another question is whether the driver is an employee or independent contractor. Many truck drivers on the road own or lease their own trucks, have liability insurance, handle their own repairs, pay for their own fuel, receive no company benefits, have no tax withholdings on their checks, work by the individual delivery job, and determine the manner in which they complete those jobs. In a case such as this, the liability is most often placed on the contractor, not the company.
What to Do after an Accident
If you have found yourself in a serious accident with a commercial vehicle, there are four things you should immediately do.
- The important thing is to first take care of yourself. Injuries are not always obvious. Have a doctor take a look. Not only will have your condition assessed, but you will also have a record for your claim if anything is wrong.
- Call the police. This will bring emergency attention to you, which is important in case of injuries. Make sure that you also get the reporting officer’s name. This could be important, particularly when working with an attorney.
- Document the details of the accident. Use your smart phone to take notes and pictures. Get all the information that you can about the other driver, including license plate number, name, driver’s license number, insurance information, and contact information from witnesses.
- Report the accident to your insurance company. Some companies require this, even if you were not negligent. If the other driver was underinsured or uninsured and you did not report the accident to your insurance in a timely manner, you may not get coverage if you have a policy with underinsured or uninsured coverage.
As a caveat with no-fault insurance, if the commercial vehicle causing the accident has a curb weight over 5,500 pounds, then your no-fault insurance company has a right to get reimbursed from the liability insurance company. If you settle the claim out without taking care of that lien, your insurance company will come after you for that amount.
Contact Us
If you have been injured in an accident with a commercial vehicle, you may be faced with a complex liability scenario and insurance adjusters trying to save money, both keeping you from getting the settlement you deserve. Call or text us at (612) 465-8733 and speak with one of our car accident lawyers with a free consultation. You only pay when we win.
