Being hit by a commercial vehicle can lead to serious injuries and high medical bills. Unlike in a regular car accident, these crashes have multiple potential parties who can be held legally responsible.
Knowing which party to hold accountable after getting hit by a company vehicle is key to getting the compensation you deserve. Let’s break down the most common parties you can sue.
The Commercial Vehicle Driver
The driver is the first person considered at fault in a commercial vehicle accident. If they were speeding, texting, driving under the influence, or not paying attention, they can be liable for your injuries and other damages.
Many commercial drivers operate under pressure to meet tight deadlines, which can lead to risky behaviors, such as driving while tired or skipping necessary safety checks. Even if the company’s insurance covers the driver, they can still be named in a lawsuit for their role in the accident.
The Employer or Company
The company that employed the driver can also be held liable. This is known as “vicarious liability,” which means employers are held responsible for the actions of their employees while they are on the job. But that is not the only reason the company can be sued.
If the company hired an unqualified driver, failed to run the necessary checks, or encouraged unsafe driving practices to meet deadlines, it could be responsible for the accident. Companies may also be liable if they fail to maintain or repair worn-out brakes or tires. These factors are often revealed during the investigation phase of a claim. That is why legal guidance is very important.
The Vehicle Owner
Sometimes, the commercial vehicle is owned by a third party who is neither the driver nor the employee. In such cases, the vehicle owner may be held responsible if the accident was caused by a mechanical issue that they were aware of but failed to address.
For example, the car had a history of failed brakes. The owner ignored the warning, and the brake failure ultimately led to an accident. You can file against them for negligence. Ownership records and maintenance logs can provide important evidence in these situations.
Loading Companies or Contractors
For larger commercial vehicles that carry cargo, if it is not loaded properly, it can cause an accident. Overloaded trucks, shifting heights, or poorly secured materials can affect a vehicle’s balance. It may also tamper with the stopping distance or cause rollovers.
If a separate company handled the loading of the vehicle, and its action contributed to the accident, it can be held liable.
The Manufacturer of the Vehicle or Its Parts
In some cases, a vehicle defect caused the crash—for instance, a tire blowout, brake failure, or a steering wheel problem. If a mechanical defect causes the collision, you may be able to file a product liability lawsuit against the vehicle or parts manufacturer.
However, filing such a claim requires expert analysis and technical evidence. Nevertheless, they can be crucial when no human error is found or when the defect made the crash unavoidable.
Government Entities and Road Maintenance Contractors
Even though this is less common, these parties can also be held liable. A poorly maintained road or missing traffic signs can cause accidents. For instance, when the road design or condition contributed to the crash, you may be able to file a claim against the local or state government responsible for it.
Lawsuits against governments have strict deadlines and notice requirements. Therefore, acting quickly is necessary.
Conclusion
Being injured in a commercial vehicle crash can be overwhelming. But identifying all the potentially responsible parties gives you a better chance of fully recovering, whether physically or financially. Speaking with an attorney is important to avoid leaving any money on the table.
