Commercial Vehicle Accident

Understanding Liability in Commercial Vehicle Accidents in Connecticut

Commercial vehicles are used for business purposes, such as transporting goods or passengers, rather than personal use. When a commercial vehicle is involved in an accident, determining liability can be more complicated than with personal vehicle collisions. Knowing who is responsible—whether it’s the driver, their employer, or another party—is key to seeking fair compensation.

Below, we’ll cover the basics of commercial vehicle liability and the steps to take after an accident.

What Is a Commercial Vehicle?

Commercial vehicles are any vehicles used to generate profit for a business or individual. Examples include:

• Semi-trucks
• 18-wheelers
• Pickup trucks
• Vans
• Buses
• Taxis
• Travel trailers

If you were injured in an accident involving one of these vehicles, you may be entitled to compensation. However, the details of liability and insurance coverage are more complex than in typical car accident cases.

How Fault Works in a Commercial Vehicle Accident

When an accident involves a commercial vehicle, the question of fault extends beyond just the driver. Depending on the situation, liability may fall on:

1. The Commercial Driver
2. The Company That Employs the Driver
3. A Third Party (e.g., manufacturers or mechanics)

When the Company Is Liable

Most commercial vehicle accidents are tied to the company employing the driver. Businesses are responsible for the actions of their employees while on the job, a legal principle known as respondeat superior.

Under this doctrine:

• Employers must carry commercial auto insurance to cover accidents caused by their employees.
• The company’s insurance policy typically pays for damages, including injuries and property damage.

When the Driver Is Liable

There are specific circumstances where the commercial vehicle driver is held personally responsible for the accident. For example, the driver may be liable if they:

• Are an independent contractor using their personal vehicle for the business.
• Were using the vehicle for personal purposes while “off the clock.”
• Committed illegal acts, such as driving under the influence.
• Breached company policy or acted negligently outside the scope of their employment.

The details of the employment contract and the context of the accident are crucial to determining whether the driver or their employer is at fault.

When a Third Party Shares Fault

In some cases, liability may extend beyond the driver or their employer. Examples include:

• Vehicle manufacturers: If a defect caused or contributed to the accident.
• Mechanics or service providers: If negligent maintenance or repairs led to the crash.
• Cargo loaders: If improperly loaded cargo caused the vehicle to lose balance or control.

Identifying all responsible parties is essential to ensuring you receive the full compensation you’re entitled to.

Why You Need an Attorney for Commercial Vehicle Accidents

Commercial vehicle accidents are often more complicated than regular car accidents. Insurance companies for businesses tend to have more resources and experienced legal teams working to minimize payouts. To level the playing field, you need an experienced personal injury lawyer who can:

• Investigate the accident thoroughly.
• Determine liability, whether it’s the driver, employer, or a third party.
• Negotiate aggressively with insurance companies.

How Bert McDowell Injury Law Can Help You

At Bert McDowell Injury Law, we specialize in representing victims of commercial vehicle accidents. Our team understands the complexities of these cases and is committed to getting you the compensation you deserve.

• Free Consultations: We’ll evaluate your case at no cost.
• No Upfront Fees: You only pay if we win your case.
• Comprehensive Representation: We’ll investigate all potential liable parties and handle negotiations on your behalf.

Contact Us for a Free Consultation

If you’ve been injured in a commercial vehicle accident, don’t face the insurance companies alone. Call Bert McDowell Injury Law at (475) 231-3274 or fill out our online form to schedule your FREE consultation today. Let us fight for your rights and help you recover the compensation you’re owed.