Commercial Related Accident Lawyers Melbourne, FL
Many big corporations deal in logistics or rely on it. Transporting goods and services from one place to another is a necessary task. But with the use of such heavy truck tonnage for transportation comes the risk of unfortunate, unexpected accidents. Driving these heavy vehicles, laden with cargo and large loads, is not easy, and if an accident occurs, the damage is usually harder to control. When a corporate vehicle is involved in an accident, the corporation as well as the driver in his individual capacity may be held liable for any claims. Hiring an attorney will allow you to explore all possible options and maximize your remedies.
Commercial Insurance
Most companies that deal with frequent transportation and logistics services will ensure themselves against accidents or damage by carrying liability insurance. The typical Commercial Carrier insurance policy is for $1 million, but it ranges from $100,000 to $25 million. There may also be umbrella policies that provide additional insurance coverage.
When commercial trucks are involved in accidents with third parties or other vehicles, such as a car, the counterparty might be underinsured, and the personal injury protection (PIP) can easily be exhausted, as the typical PIP policy in Florida is $10,000.00 with a $2,000.00 deductible. Hence, commercial vehicle insurance is a valuable risk management tool used by corporations to cover risks associated with their commercial endeavors.
Who is Liable?
Although similar in nature, there are many differences between a commercial vehicle accident and a regular person-to-person accident. Most of the difference is attributable to the person who is liable for damages and compensation. Firstly, in an accident involving a commercial vehicle, the following parties may be liable.
- The Driver
- The Contractor (individual/entity hiring the driver)
- Commercial Vehicle Manufacturers
- The company that is using the vehicles.
- Other third parties may have contributed to the accident.
There are many factors involved when deciding who is responsible for the claims. In case the accident occurs due to the cargo the vehicle is carrying, e.g., flammable material, the company is liable for damages and claims. If it arises from the driver’s negligence, which is not attributable to the company in any manner, it is solely the driver’s responsibility, with the company also bearing joint responsibility under the law of respondent superior. Third-party claims also exist when an accident is caused by the action or inaction of a third-party individual or entity, such as poor lighting.
Of particular concern in commercial accidents is that the company involved is often from a different State than where the accident occurred. If that is the case, and the damages from the accident exceed or could reasonably exceed $75,000, then the company is entitled to move the case from State Court to Federal Court. Because Federal Court and State Courts have very different procedures and processes, it is important that if your accident involves a commercial vehicle, you seek the advice of an experienced attorney who is very familiar with the Federal Court System.
Commercial Liability
A Company can be held liable in cases involving commercial vehicle accidents when
- The driver is on the company’s payroll, and his scope of work is transportation and driving. This means that a driver hired by the company is a suitable case, whereas another office employee, whose main role for the company may be a desk job, is an unsuitable case.
- When the accident occurs during working hours or overtime, and not afterwards or on unauthorized trips.
- Accidents occurring even during short breaks can be considered to be during working hours
In cases of commercial vehicle accidents, the coverage amount is several times higher than that of regular vehicles; hence, your compensation may be much higher, depending on the severity of the case, the damages incurred, and the effectiveness of your lawyer.