What Should I Do if I am Involved in an Accident with a Commercial Vehicle?
Truck driver, Uber driver, delivery driver, and other commercial driver wrecks are very complex.
Legally, these matters are quite complex, mostly because of the respondeat superior rule. Usually, employers are responsible for damages if their employees negligently cause injury during the course and scope of their employment. Practically, however, a commercial vehicle accident is basically the same as any other accident. The same dos and don’ts generally apply. More on these things below.
These cases are also legally complex because, in most cases, an out-of-state holding company employs the tortfeasor (negligent driver). Many lawyers take the easy way out in these cases because they do not want to wade in too deep. However, a good Brandon personal injury lawyer strongly advocates for victims and doesn’t settle for anything less than the best possible results under the circumstances. Usually, the best result is a favorable out-of-court settlement.
Liability Issues
Florida law defines the basic respondeat superior elements in broad, victim-friendly terms. That’s the main reason this rule applies in almost all commercial vehicle accident cases.
Many people, including Uber drivers, are independent contractors for most people. Other drivers are owner-operators or even unpaid volunteers. Employers control these individuals to a certain extent. The company orders these drivers to drive certain routes, adhere to certain schedules, and/or transport certain people and/or cargo. This control establishes an employer-employee relationship for negligence purposes.
As for the scope of employment, any activity that benefits the employer in any way satisfies this requirement. “Deadheading” Uber drivers who cruise aimlessly waiting for fares benefit Uber because they have stickers on their windshields. Additionally, Uber benefits because a driver is close at hand.
But we’re getting a bit ahead of ourselves. Third-party liability is only a factor if a Brandon personal injury lawyer establishes first-party liability.
Usually, drivers are legally responsible for crashes if they were driving while impaired (e.g., under the influence of drugs) or aggressively (e.g., running a stop sign).
Many commercial drivers are impaired. Uber drivers are often fatigued, and truck drivers often use amphetamines to stay awake. Furthermore, commercial drivers usually get paid by the trip, not by the hour. This financial model encourages them to speed.
Initial Dos and Don’ts
In the immediate wake of a crash, many people unintentionally do or do not do things that hurt their cases later. That is probably because head injuries are common in vehicle collisions, so victims are not thinking clearly.
Declining medical treatment may be one of the worst things a victim can do. Only a lawyer can accurately evaluate your case, and only a doctor can tell how badly you are hurt. Furthermore, victims shouldn’t give statements to the other driver’s insurance company, and they should not apologize to the other driver.
Insurance adjusters subtly extract damaging information their lawyers can use in court. Many people, especially in the South, apologize to express sympathy. But in court, an insurance company lawyer can twist an apology into a liability admission.
Many websites give car crash victims a to-do checklist. But they really only need to do one thing, which is call a Brandon personal injury lawyer. A lawyer arranges for medical treatment and takes care of other immediate needs, like vehicle repair/replacement. Then, a lawyer builds a strong, evidence-based case and advocates in court.
Connect With a Detail-Oriented Hillsborough County Attorney
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Brandon, contact Carman, Bevington & Finegan, P.A. The sooner you reach out to us, the sooner we start working for you.