What Should I Do If I’ve Been Hit by a Commercial Vehicle?

Accidents involving commercial vehicles, whether it’s a delivery truck, rideshare car, or semi-truck, can often be more complex than a typical car accident. Commercial vehicle operators and companies have different regulations and responsibilities, not to mention extensive legal teams, making these cases more legally complicated. That doesn’t mean you do not deserve compensation for your injuries. If you’ve been injured in a commercial vehicle accident in New York, knowing your rights and how to proceed is critical to securing the compensation you deserve. 

Do Commercial Vehicles Have Different Driving Laws or Regulations in New York? 

Commercial vehicles in New York are subject to different rules and regulations compared to regular passenger vehicles. These regulations ensure the safety of other drivers, as commercial vehicles pose greater risks due to their size, their weight, and the responsibilities of their drivers.

Most notably, commercial trucks have weight and size limits that must be adhered to, and commercial drivers must hold specific licenses (commercial driver’s licenses, or CDLs) to operate them. These drivers are also subject to hours-of-service regulations, which limit how long they can drive without rest to reduce the risk of accidents due to fatigue. When it comes to obeying the rules of the road, drivers of these vehicles are subject to the same laws as passenger vehicles. 

Additionally, rideshare vehicles and taxis are subject to special insurance requirements and regulations as regulated by the New York City  Taxi and Limousine Commission (TLC), which ensures that these vehicles meet safety standards and that their drivers are properly vetted. Similarly, these vehicles must follow the same vehicle and traffic laws as any other passenger vehicle. 

Violations of these regulations can be important in determining liability in a commercial vehicle accident. 

Who Can Be Held Liable in a Commercial Vehicle Accident? 

Determining liability in a commercial vehicle accident can be complicated because multiple parties may be responsible. It’s not as simple as finding the driver at fault. In fact, in some cases, they may not be at fault at all. Some of the main parties who can be held liable include: 

• The Commercial Vehicle Driver: If the driver of the commercial vehicle was negligent—whether they were speeding, driving recklessly, or under the influence—they can be held personally liable for the accident. 
• The Driver’s Employer: The company that employs the driver can also be held liable under the legal theory of vicarious liability. If the driver was on the job when the accident occurred, the company may be held responsible for their employee’s actions. Additionally, the company can be directly liable if they fail to properly maintain the vehicle or fail to adequately train the driver. 
• The Vehicle Manufacturer or Maintenance Company: In some cases, a defective vehicle part (such as faulty brakes or a tire blowout) could have contributed to the accident. If this is the case, the manufacturer of the part or the maintenance company responsible for vehicle upkeep can be held liable. 
• Third Parties: In some accidents, a third-party contractor or another driver may share liability for contributing to the collision. 

The Importance of Not Taking the First Settlement Offer 

After an accident involving a commercial vehicle, you may be contacted by the company or their insurance adjuster or legal team. These parties are often motivated to offer you a quick and enticing settlement. While it may seem tempting to accept the initial offer, especially if you’re facing medical bills and lost wages, it’s important not to accept the first settlement offer without consulting an attorney. 

Insurance companies typically offer lowball settlements to resolve cases quickly and avoid larger payouts. These initial offers often don’t cover the full extent of your injuries or account for long-term medical care, lost income, or pain and suffering. They also deny you the opportunity to file a lawsuit against them at a later date. This can deny you the compensation you deserve. 

Always contact a car accident lawyer before accepting a settlement. They can help you negotiate a fair settlement that reflects the true cost of the accident—you may not even be required to go to court. 

What Should You Do to Prepare for a Personal Injury Case Involving a Commercial Vehicle? 

If you’ve been involved in an accident with a commercial vehicle, there are several critical steps you should take to prepare for a personal injury claim: 

• Seek Medical Attention: Your health is the top priority, so seek medical attention immediately, even if you feel fine. Some injuries may not manifest until later. Additionally, medical records will serve as crucial evidence in your personal injury case. 
• Document the Accident Scene: If you’re able to, take pictures of the accident scene, the vehicles involved, and any visible injuries. Also, gather contact information from witnesses, as their testimony may be valuable later. 
• File a Police Report: Call the police immediately after the accident and file an official report. This report will provide an objective record of the incident, which can be critical when determining liability. 
• Avoid Speaking to Insurance Companies: While you may be required to report the accident to your own insurance company, be careful about speaking with the commercial vehicle’s insurer. Their adjusters are trained to get you to admit fault or downplay your injuries. It’s best to consult with an attorney before making any statements. 
• Keep Detailed Records: Save all documentation related to the accident, including medical bills, records of lost wages, and any communication with insurance companies. This will help you build a strong case. 

Contact Our Car Accident Attorneys Today 

If you’ve been injured in an accident with a commercial vehicle, get in touch with our team at Morelli Law. We know how to take on big companies, insurance companies, and legal teams. We’re not afraid to go to court, and we win big for our clients. That’s how we’ve won over a billion dollars in verdicts and settlements for our clients. Don’t hesitate to reach out if you’ve been involved in a commercial vehicle accident—we’re here to help.