- December 4, 2022
- No Comment
- 243
Hit by a Commercial Vehicle – Not Your Average Case
Many businesses use commercial vehicles to make deliveries, advertisement, transport 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 and is 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 that resulted in injury. The 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.
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 (or money) for your injuries.
Any time you are involved in an auto accident that involves a driver of a commercial vehicle, call the Daniels Law Firm at (904) 432-1219 to discuss your legal rights. You may also be able to sue the company the driver works for. Under Florida law, an employer may be “vicariously liable” for the negligent actions of their employee. This law allows victims of injuries sustained in an accident involving a company vehicle to sue the at-fault driver’s employer. 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 that caused your injuries can allow you to recover a higher level of compensation or more money. 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 a business responsible for an accident is if the company failed to keep the vehicle that hit you 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 could 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 not an easy road. 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 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 the Daniels Law Firm at (904) 432-1219 to discuss your case. We will ensure that your rights are protected and you get the money you deserve.