Accidents involving commercial vehicles are more complex than those involving passenger vehicles. This makes it difficult to understand who is responsible for your injuries: The driver or the commercial vehicle company?
Explore the legal terrain surrounding commercial vehicle accidents to better understand who is responsible for injuries involving commercial vehicles.
Who Is At Fault?
The issue with determining fault in commercial vehicle accidents is that each party holds a different part in liability. Often, liability falls onto the commercial company, but there are many situations when partial or full liability is placed on the driver of the vehicle instead.
How is Responsibility Determined?
There are several factors at play when determining responsibility for an accident.
● Employee Vs. Independent Contractor
If the at-fault vehicle driver is an independent contractor, they will likely be named the responsible party. If the driver is an employee of the commercial company, then the company may hold full or partial responsibility.
● Scope of Employment
If the driver’s actions are within the scope of employment, the company will likely be held liable. For instance, if you are rear ended by a vehicle in the commission of delivery as defined by their job responsibilities, the company is liable. If you are injured by a vehicle used to run an errand not related to work, the driver is responsible.
● Intentional Actions
Intentional actions refer to accidents caused by a driver’s intentional choices. For instance, if the driver slammed into your car because they were mad that you cut them off, it is intentional, and they are likely individually liable.
Additional Factors to Consider
There are additional factors to consider when determining who is at fault. For instance, if there is a faulty part, the manufacturer of the vehicle may be liable. If a mechanic did not perform thorough maintenance, they may be held liable.
Additionally, there are state and federal regulations that play into the liability of commercial vehicle accidents. All these factors necessitate the legal help of an experienced attorney to navigate.
Set Up an Attorney Consultation
If you received injuries due to an accident involving a commercial vehicle, contact a car accident lawyer in New Jersey as soon as possible. They can protect your legal rights and help you navigate the complex legal terrain surrounding these types of accidents. Get your free attorney consultation today.