What Happens If the At-Fault Party Is a Commercial Driver?
Have you been in a car accident involving an at-fault commercial driver? These types of collisions often come with different rules when it comes to filing a claim. After all, the stakes are typically higher, as the damages can be more severe.
In this blog, our experienced attorneys will guide you through what you need to know if you find yourself in an accident involving a commercial driver who is at fault.
So, What Happens If the At-Fault Party Is a Commercial Driver?
Liability of Multiple Parties
If the at-fault party is a commercial driver, more than one party may be held liable. In a typical car accident, you usually deal only with the other driver. However, in a commercial accident, the employer may also be responsible for the actions of their employee—particularly if the driver was working at the time of the incident.
Additionally, a company may be held liable for negligent hiring, inadequate training, or poor supervision. That said, liability may differ if the driver was using the vehicle for personal reasons.
Federal Regulations
Commercial drivers are required to follow regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These rules limit how long drivers can remain on the road without rest, establish strict drug and alcohol testing requirements (including post-accident testing), and mandate regular vehicle inspections.
If your attorney can demonstrate that the driver or company violated these regulations, it can significantly strengthen your claim.
Commercial Insurance Coverage
Commercial vehicles are typically covered by higher insurance policy limits than personal vehicles, which means more compensation may be available in cases involving serious injuries. However, this also means that insurance companies are often more aggressive in defending these claims.
Common Myths About Commercial Driver Accidents
1. The company isn’t responsible if the driver is an independent contractor
Companies may attempt to avoid liability by classifying drivers as independent contractors.
However, in many cases, they can still be held legally responsible depending on the circumstances.
2. The police report is the only evidence that matters
While police reports are important, they are not the only form of evidence. Commercial vehicles often contain “black box” data and electronic logging devices. Because of this, your legal team may issue a spoliation letter to prevent the company from deleting critical digital evidence, such as vehicle speed or driver hours.
3. You should accept the first settlement offer
Insurance adjusters may quickly offer a settlement. Accepting an early offer can prevent you from seeking additional compensation later, especially if medical complications arise after the fact.
4. You can’t win against a large corporation
Federal safety regulations are designed to hold companies accountable, regardless of their size. With proper documentation and evidence—such as maintenance and inspection records—you can build a strong case.
Contact The CP Law Group Today
Have you been involved in an accident with a commercial driver and are considering a personal injury claim? In these cases, you may be dealing not just with a driver, but with an entire company—making experienced legal guidance especially important.
Don’t hesitate to get in touch with our team. Our personal injury attorneys at The CP Law Group have extensive experience handling these types of cases and can help you navigate the process.
For a free, no-obligation consultation, call us at 844-546-4878 or connect with us on social media @TheCPLawGroup.