10/20/2021 0 Comments
Hit by a Commercial Vehicle- Not Your Average Case
A lot of businesses use a commercial vehicle for making local deliveries, for advertisement purposes, transporting staff, or one of many other reasons. Typically, if you are involved in an accident, the driver is responsible. However, if the driver of the other vehicle is performing a duty for their company in their company vehicle, the business may have to share some of that responsibility.
- Definition of a Commercial Vehicle
- In the U.S. a vehicle that has been designated as 'commercial' is registered or titled to a company. It is a broad definition as commercial vehicles can also be a fleet of cars or other vehicles used by a business.
Who is Responsible for a Commercial Vehicle Accident?
The driver of a vehicle is typically held responsible when they are at fault for an accident in which harm occurred. A driver of a commercial vehicle is personally responsible as well if they cause injuries whether the vehicle they were in was an 18-wheeler, a pizza delivery car, a utility van, or any other form of vehicle.
Filing a claim against this driver will follow typical rules for car accidents under Florida law. If you've been injured by a driver of a commercial vehicle, you can file a personal injury claim to seek compensation for these damages.
Any time you are involved in an auto accident that involves a driver of a commercial vehicle, talk to Batts-Daniels Law to learn what your legal options are.
You may also be able to sue the company the driver works for. Under Florida law there is a 'vicarious liability' also called the 'respondeat superior.' This law allows victims of injuries sustained in an accident involving a company vehicle to sue the business the vehicle is owned by. This rule is only allowed if the driver was actively engaged in their work duties at the time of the accident.
Being able to sue the business that owns the commercial vehicle which injured you, allows you to recover a higher level of compensation. The company or business may be able to cover more damages than a delivery truck driver or other employee using a commercial vehicle would be able to cover.
Factors That Could Make Business Responsible for Commercial Vehicle Accident
A factor that could make the business responsible for an accident is if they failed to keep the vehicle safe. If the driver was operating a vehicle that was malfunctioning or broken, worn down tires, or any other factor that made the vehicle a danger on the road, the business could be directly responsible.
The business can also be directly liable for putting an unsafe vehicle on the road by hiring a negligent driver. If a driver has a history of dangerous driving or has a record of serious traffic violations, it could justify a lawsuit against the business. One factor that would raise red flags is if the driver hired has a drunk-driving history.
What You Should do if Hit by a Commercial Vehicle
Like a vehicle accident, being hit by a commercial vehicle is going to be difficult. There is often confusion following an auto accident, and sometimes it may be difficult to know what actions you should take. The first thing to do is make sure you are safe. Then, you should call 911.
If your injuries are too serious to allow you to stay and gather evidence, go with the ambulance and seek the recommended medical attention. If you can gather evidence, get the license number and registration for the vehicle, take photos of the scene and get the contact information for any witnesses, the driver, and the company the driver works for.
Who to Contact if You are Hit by a Commercial Vehicle
After a crash with a commercial vehicle, you may be able to file claims against multiple parties. To ensure you get the compensation you deserve, call Batts-Daniels Law and learn what your options are for recovering from your injuries. We are ready to make sure you receive the best outcome for past and future medical bills, loss of earnings, pain, and suffering from our aggressive representation.