How Personal and Commercial Vehicle Accident Claims Differ
No one plans to be in a car accident. But the National Safety Council (NSC) estimates as many as 3.5 million injuries post-crash in 2023. When the unexpected happens, you should know about fair compensation. Filing a claim for a commercial vehicle accident is different from other accidents.
When filing a vehicle accident claim, a key point is how the law sees your accident. For example, it matters if your vehicle was for personal or commercial use. This affects who is responsible.
Our skilled vehicle accident attorneys explain the differences below. They cover types of vehicles, possible liability, and common challenges.
The Types of Vehicles Involved
The first difference between personal and commercial vehicle accidents is the vehicles involved. This distinction influences the legal strategy, whether it’s two personal cars or a commercial delivery truck.
Defining a Personal Vehicle
An individual owns or leases a personal vehicle. Common examples include sedans, SUVs, motorcycles, and pickup trucks. People use them for commuting, running errands, or recreational activities.
Defining a Commercial Vehicle
A commercial vehicle is any vehicle used for business. This includes vehicles used by companies or individuals while working. Examples include delivery trucks, semi-trucks, taxis, buses, and work vans. In many cases, an employer owns the vehicle outright.
Determining Liability
Determining and proving liability are different for personal and commercial vehicle accidents.
Liability for Personal Vehicle Accidents
In most personal vehicle accidents, the individual driver is responsible. The injured party can file a claim with the at-fault driver’s insurance. Compensation typically includes medical bills, property damage, or lost wages.
Personal Vehicle Accident Example
A distracted driver strikes a pedestrian. The pedestrian can file a personal injury claim against the driver. Evidence determines that the driver is liable for damages.
Liability for Commercial Vehicle Accidents
Commercial vehicle insurance policies usually provide higher coverage limits. They often result in larger payouts, but may also lead to more complex legal issues. After 24 years of experience, we’ve seen a common pattern: both the driver and their employer often bear responsibility.
Commercial Vehicle Accident Example
A delivery truck driver crashes into a personal vehicle. The driver was working and operating a company vehicle. Both the driver and employer may be liable for damages.
Common Challenges in Both Personal and Commercial Vehicle Accidents
While personal and commercial vehicle accidents differ, they share some things in common. Understanding these similarities is important. An experienced personal injury attorney could help you file a claim.
Proving Fault
Determining liability and proving fault is one of the most common challenges in any vehicle accident. This may be overwhelming, but any bit of hard evidence helps. Examples include police reports, witness statements, and dashboard camera footage.
Dealing with Insurance Companies
Insurance companies will always make lowball offers. Any money they save lines their pockets. Many claimants face delays and denied claims, especially in complex commercial cases.
Negotiating Settlements
In both types of accidents, talking with insurance adjusters can be frustrating. An experienced personal injury attorney greatly affects how you resolve your case. Contact our legal team to learn more.
We Will Protect Your Rights After an Accident
According to the Advocates for Highway and Auto Safety, more than 6,500 people are injured in motor vehicle accidents every day. Recovery takes time, and recovery goes beyond physical wellbeing. It includes your mental health and financial future. When you understand the differences between commercial and vehicle accidents, you’re taking the first step towards protecting your rights.
After suffering a car accident injury, it’s crucial you seek advice from an experienced attorney. Contact our law firm today. Your first consultation is always free.