Top Things to Consider in a Commercial Auto Accident
As we recently spent time talking about the steps you should take if you’re involved in an auto accident, Frenkel & Frenkel would like to also outline some important differentiations for what you need to know with a commercial, truck or 18 wheeler accident. Mail trucks, school district vehicles, public transportation drivers, or large travel buses, among others, make up a large variety of commercial vehicles in which an infraction might need specialized law experience that Frenkel & Frenkel can provide. Commercial vehicles open up several different challenges to consider if you are ever in a commercial auto accident and how you ultimately handle the situation.
Driver vs. Company Liability
Sometimes, it’s not clear whether a company is liable, a driver is liable, who the driver actually works for or who owns the commercial vehicle. However, the general rule for this is that an employer will be liable for negligent acts that are committed by its employees within course and scope of employment. This means that if the driver was acting in a negligent manner and did not cause the vehicle crash intentionally, the employer or company can be held responsible for a traffic accident caused by a driver. This is not only viewed as a cost of doing business, but companies generally have more money than employees, giving them more opportunity to defend and protect themselves and thus, be held accountable.
An Auto Accident with a Government Vehicle
Incidents that involve government vehicles including state, county and other municipalities may have a notice requirement that can shorten the statute of limitations to make claims(about 30 to 180 days). If you are involved in a crash with a government vehicle, it is important you contact an attorney immediately to serve proper notice of the claim to the correct entity. These government vehicles also may have limitations on the amount of liability coverage that you can pursue for a recovery. Government vehicles can include accidents with ambulances, police cars, firetrucks, and mail trucks among other government vehicles.
Bus accidents are unique since some buses are operated by government entities and some by private companies. Knowing if the bus is a government entity verse a private company is extremely important as filing a claim much more complex than a regular insurance claim. There are several factors that need to be looked into as to whether the bus driver and company or government entity contributed to the accident:
- Was the bus driver properly trained or screened for employment?
- Was the bus driver fatigued?
- Was the bus driver under the influence?
- Was the bus poorly maintained?
- Was the bus overloaded or improperly loaded?
Contact Your Auto Accident and Bus Accident Lawyers in Dallas, Texas!
Whether you suspect negligence regarding a commercial vehicle accident or not, you need to get medical attention first. Then you can reference those records and bills to support an injury claim. If you need legal counsel, schedule a free consultation with our experienced commercial auto accident lawyers by contacting Frenkel & Frenkel via phone at 1-800-834-0000 or email.