Getting into any sort of accident can cause a victim to incur major medical expenses, lose significant earnings, and experience intense pain and suffering. Although the victim has the right to seek compensation from the at-fault party, the claim is much more complicated if a commercial vehicle is involved. There are important considerations such as determining who is liable for the crash, how commercial insurance will cover the claim, and the role of certain vehicle regulations.
If you’ve been involved in any sort of accident involving a commercial truck or other vehicle, it is imperative that you retain a law firm that understands how to handle your case from start to finish. For victims in Syracuse, NY, that firm is Carden Dotzler Hammond, PLLC.
Why Commercial Vehicles Are Different
Commercial vehicles include large trucks, buses, vans, and any other vehicle that is owned by a company for the use of employees to carry out job duties for the employer. These vehicles are used to transport people, goods, and unusual and sometimes dangerous materials such as hazardous waste. Some of the most common examples of commercial vehicles are:
- Large trucks, such as tractor-trailers
- Garbage trucks
- Utility vehicles
- Heavy construction vehicles, like cement trucks
- Delivery and mail trucks
- Public transportation, school, and other buses
- Vans, including moving vans
- Taxis
- Limousines
- Government vehicles
These and other commercial vehicles tend to be heavier and can therefore cause more catastrophic injuries to other motorists, motorcyclists, bicyclists, and pedestrians. Certain types of vehicles may also release hazardous substances into the environment in the event of a crash, potentially injuring even more people. But the differences between commercial and passenger vehicle accidents don’t end there.
Who Is Liable For Commercial Vehicle Accidents in Syracuse, NY?
While many of the same types of parties that are to blame for a standard automobile accident could be at fault for a wreck involving a commercial vehicle, there are additional individuals or entities who may be liable. Your attorney will work to identify all persons, businesses, or governmental units who could be named as defendants, including (but not limited to):
- Companies: The company that owns the vehicle may be liable under various legal theories such as respondeat superior (which makes a company liable for the negligent actions of its employees) or negligent entrustment (meaning, irresponsibly allowing someone to drive the vehicle). If the company negligently hired the employee who caused the crash, that could be another argument for liability.
- Independent contractors and employees: The business that owns the vehicle might not be held responsible if the person who was driving it is considered to be an independent contractor under the law. The same could apply if the driver was an employee but was not acting within the scope of their employment at the time of the wreck.
- Mechanics and repair shops: If an irresponsible mechanic or repair shop performed work on the vehicle and thereby rendered it unsafe, that party may be at least partially liable. An expert witness can explain how the poor maintenance or repair work contributed to the accident.
- Vehicle and parts manufacturers: The company that was responsible for assembling the commercial vehicle could be to blame for the accident, due to a design or manufacturing defect. The same is true for the companies that built the individual parts or components of the vehicle if those contributed to the wreck.
- Governmental entities: When Syracuse government-owned vehicles like buses cause accidents, victims may be able to file a lawsuit against the relevant entity or entities that were responsible. However, different rules and timelines apply when suing the government, so be sure to work with a knowledgeable attorney.
How Commercial Vehicle Regulations May Affect Your Case
Drivers of large commercial vehicles in Syracuse, and the companies that own and operate them, are subject to certain New York and federal regulations. These rules are designed to ensure that drivers safely operate their vehicles and not unnecessarily put the public at risk of serious injury. The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency primarily responsible for regulating commercial vehicles, especially trucks and buses.
For instance, the FMCSA requires the operator of a commercial vehicle to hold a Commercial Driver’s License (CDL), which imposes more restrictions than a standard driver’s license. As an example, CDL drivers in New York are only permitted to have a Blood Alcohol Content of 0.04, significantly lower than the 0.08 allowable for drivers of private passenger vehicles. The FMCSA also enforces rules concerning:
- How many hours a commercial driver can drive before being required to rest
- How much weight a truck can transport
- Securing cargo during transportation
- Labeling hazardous materials
- Safety inspections, repairs, and maintenance
- Drug and alcohol testing for drivers
- The use of cell phones while driving
If it is determined that a driver or the company that employs them violated one of these or other federal or state commercial vehicle regulations, and it caused an accident, the victim will have a strong case for winning compensation.
The Role of Insurance in Your Accident Claim
After an accident, the victim will need to work with the insurance companies that cover both their vehicles and the at-fault driver’s vehicle. This becomes much more complex when dealing with commercial vehicle accidents, since both the company that owns the vehicle and the driver may carry insurance coverage. Although this means there are more insurers who could potentially cover the victim’s losses, this doesn’t make the process of winning compensation easier.
Commercial insurers are generally large companies that cover many vehicles and drivers throughout the country. They understand that an accident could be catastrophic and thereby result in significant damages for the victim. For that reason, they have learned to employ various tactics to deny or underpay legitimate claims.
It’s important for the victim to realize that the company insuring the driver and/or the commercial vehicle is not on their side. Their goal is to maximize profits and that means denying as many claims as they can. Without legal representation you are likely to encounter bad faith practices, dishonesty, unreasonable delays, unfairly low settlement offers, and adjusters trying to find anything to use against you.
Contact Our Syracuse, NY Commercial Vehicle Accident Attorney
However, with the right law firm by your side, you will have an advocate ready to defend your rights and interests, to identify all parties who are responsible for your injuries, to establish the facts that prove liability, and to take your case to court if necessary. Don’t leave your commercial vehicle accident case in the hands of just any attorney. Call or contact CDH Law today to get started.