How Liability is Determined in Commercial Vehicle Accidents

Commercial vehicles are used for transporting goods or passengers for business purposes, distinguishing them from personal cars or trucks. Examples include semi-trucks, 18-wheelers, pickup trucks, vans, buses, taxis, and travel trailers. If you’ve been injured in an accident involving a commercial vehicle, understanding liability is crucial for seeking compensation.

In Georgia, you might be entitled to damages under Georgia Code § 51-1-6. However, determining liability involves several factors, such as identifying who caused the accident, which company employs the driver, and the insurance coverage in place.

Here’s a closer look at how fault is determined in accidents involving commercial vehicles:

Understanding Liability in Commercial Vehicle Accidents

Accidents involving commercial vehicles can complicate fault determination. Unlike personal vehicle accidents, where fault typically rests with one or both drivers and their insurance covers the damages, commercial vehicle accidents might involve liability on the driver, the company employing them, or even a third party like a manufacturer or mechanic.

When the Company is Liable

Companies using vehicles for business purposes are required to have commercial auto insurance. This insurance covers damages if you file a personal injury claim against them. Generally, if a company’s driver causes an accident, the company is liable under the legal principle of “respondeat superior,” which holds employers responsible for their employees’ actions during work. This insurance policy covers injuries and property damage caused by the employee.

When the Driver is Liable

There are scenarios where the commercial driver might be directly liable for an accident, including:

• If they are an independent contractor using their own vehicle for business purposes
• If they were using the commercial vehicle for personal reasons or were “off-the-clock”
• If they committed a crime while operating the vehicle
• If they were using the vehicle for personal use, even during business hours

The driver’s liability will depend on their employment contract and the circumstances of the accident.

When Other Parties are at Fault

Sometimes, fault extends beyond the driver and company. For example, defective tires may implicate the manufacturer, or negligence by a mechanic could contribute to the accident. In such cases, identifying all responsible parties is critical.

Seek Legal Help for Your Case

Given the complexities involved, working with a personal injury lawyer is advisable if you’ve been injured in a commercial vehicle accident. A lawyer can investigate fault, navigate the claims process, and advocate for your rights.

At Kenneth S. Nugent, P.C., we understand the stress and pain caused by accidents with commercial vehicles. Many of these accidents involve large trucks, or 18 wheelers,  that can lead to severe injuries. Contact us for a free consultation to discuss your case and explore your legal options.