What to Know About Commercial Vehicle Accidents
An accident involving a commercial motor vehicle differs from a standard car accident case in Colorado. It is important to understand your legal rights when your injury claim involves a commercial vehicle, such as a large truck or bus, as they may not be the same as after a typical crash. For example, you may have grounds to bring a claim against a company for the mistakes of one of its employees.
Commercial vehicle accident cases may not be straightforward and can involve many complex legal elements. You may need to hire a Fort Collins car accident attorney to help you navigate your case and achieve positive results.
What Is a Commercial Vehicle?
A commercial motor vehicle is used to transport goods or passengers as part of a business enterprise. Commercial vehicles are typically larger and heavier than personal vehicles. They are subject to different restrictions, regulations and federal laws. The owners and operators of these vehicles must obey these laws for the safety of the general public.
The Colorado General Assembly has a statewide definition of commercial vehicle: “a vehicle used in commerce that weighs at least 16,001 pounds and is self‑propelled, towed, or designed to transport 16 or more passengers.” Examples include semi-trucks, box trucks, dump trucks, city buses, vans, taxis and heavy equipment.
What Causes Commercial Vehicle Accidents?
Commercial vehicle accidents can occur for all the same reasons as standard car accidents, including driver error. However, these vehicles also have special features that only apply to them, such as mechanical issues that can contribute to collisions.
Some of the top causes of commercial vehicle accidents in Colorado are:
- A driver violating traffic laws
- Speeding
- Careless or reckless driving
- Driving under the influence of drugs or alcohol
- Breaking federal common carrier laws
- Driving while drowsy
- Distracted driving
- Inadequate driver or employee training
- Lack of proper vehicle maintenance
- Part or equipment breakdowns
- Brake failure
- Tire blowouts
- Imbalanced cargo
- Unsecured cargo and lost loads
It is necessary to determine the cause of a commercial vehicle accident in Colorado before the victim can file an insurance claim or personal injury lawsuit. This is because Colorado is a fault state, which allows accident victims to seek compensation from the person or party at fault for the traffic accident.
Common Injuries From Commercial Vehicle Accidents
Commercial motor vehicles can inflict serious harm and damage when involved in collisions with smaller vehicles. The size and weight of the average commercial vehicle mean that significant force is imparted on the smaller car in a collision.
The occupants of the smaller vehicle could suffer significant injuries, such as:
- Broken bones and compound fractures
- Soft-tissue injuries, such as strained or sprained muscles
- Herniated or ruptured disks
- Neck injuries, including whiplash
- Spinal cord injuries that results in paralysis
- Traumatic brain injuries, including concussions
- Internal injuries and organ damage
- Severe burn injuries and scarring
- Traumatic amputations or losses of limb
Commercial motor vehicle accidents can result in catastrophic injuries, long-term harm, permanent disabilities and wrongful death. Since severe injuries require greater medical care and result in more damage, commercial vehicle claims can often lead to larger payouts than standard auto accidents.
Commercial Vehicle Accident Cases Are Unique
Commercial vehicles have their own set of rules, restrictions and requirements. If you get into an accident with a commercial vehicle, it is important to consult with an attorney about your case. It can be difficult to navigate the nuances and complexities of this type of claim without assistance from a personal injury lawyer in Fort Collins.
Federal Rules and Regulations
Operating a commercial motor vehicle requires a special commercial driver’s license (CDL). Commercial drivers require additional training, education and qualifications. Various federal laws must be obeyed by the companies responsible for commercial motor vehicles. These laws are enforced by the Federal Motor Carrier Safety Administration (FMCSA).
Examples include:
- Vehicle height and weight limits
- Inspection and maintenance requirements
- Hours-of-service rules for drivers
- Alcohol and drug testing requirements
- Required electronic logging devices
- Cargo loading and securement rules
- Hazardous material regulations
Trucking companies and other owners of commercial vehicles must meet certain safety requirements and comply with all federal laws. Noncompliance could potentially serve as evidence against a defendant in a commercial vehicle accident case in Colorado.
Types of Evidence
As the filing party or plaintiff in a commercial vehicle accident case, you have the burden of proof. You must establish the claim you are making as more likely to be true than not true to recover financial compensation from a defendant or accused party. You or your lawyer must present clear and convincing evidence to support your claim.
Commercial vehicle accident cases often involve unique types of evidence, such as the truck’s black box, electronic data recorders, vehicle maintenance records, company compliance history, and driver medical and driving records. An experienced attorney can help you preserve and collect key evidence.
Vicarious Liability
It is often possible to file a claim against a company or third party, not just a driver, after a commercial accident. A commercial vehicle accident may not only involve the liability of the at-fault driver. If the driver was working for a company at the time of the crash, the employer can share vicarious liability. This legal doctrine holds employers responsible for the actions and mistakes of their on-duty employees.
In addition, a cargo company, cargo loader, vehicle or parts manufacturer, truck or vehicle maintenance provider, government agencies, and other drivers could be found responsible for the wreck. Commercial vehicles must be covered with higher amounts of insurance than passenger vehicles due to a greater potential for damage in accidents. In addition, employers must carry insurance that covers their employees, including commercial vehicle drivers.
Why You Should Contact an Attorney After an Accident Involving a Commercial Vehicle
You may qualify for financial compensation for your medical bills, property damage, lost wages, pain and suffering, and more after getting injured in an accident with a commercial vehicle. The most effective and reliable way to secure maximum financial compensation for your losses is to hire an attorney to represent you.
A car accident lawyer with experience handling commercial accident cases will know exactly how to investigate your crash, collect evidence, prove liability and negotiate for maximum compensation on your behalf. To discuss a recent accident in detail with an experienced lawyer in Colorado, contact Cannon Law to request a free consultation.