New Jersey Car Accident Attorneys Represent Commercial Vehicle Accident Victims
Both Commercial Vehicle Drivers And Their Companies May Be Liable For Negligence
A commercial vehicle is used to transport goods or passengers or is otherwise engaged in business dealings. Moving trucks, eighteen-wheelers, and even some vans are categorized as commercial vehicles. When an individual driving a commercial vehicle causes an accident, there may be several avenues of recovery for accident victims. The attorneys at Lomurro Law, know how to hold these individuals and entities accountable for the harm that they cause to accident victims.
Who Can Be Held Responsible In A Commercial Vehicle Accident?
When it comes to liability in a commercial vehicle accident, several parties may be held responsible for the victim’s injuries. This may include any of the following:
- The driver of the truck or other commercial vehicle
- The truck or trailer’s owner
- Company or entity that leased the vehicle from the owner
- Truck manufacturer
- Tire manufacturer
- Manufacturer of other parts that may have contributed to the accident
Commercial Motor Vehicle Accident Claims
In any motor vehicle accident claim, the victim must prove three facts to recover any damages:
- The at-fault driver owed a duty to the victim;
- That duty was breached by the at-fault driver’s negligence; and
- Due to that breach, the victim suffered damages.
All three of these elements must be demonstrated for a claim to proceed against a driver.
The first element is fairly simple to prove. Any time a driver travels on a public road, that driver owes all other drivers, pedestrians, cyclists, and other individuals a duty to operate the vehicle in a manner that is safe and reasonable under the circumstances. Driving 70 miles in an ice storm, for example, would not be reasonable under the circumstances.
Next, it must be demonstrated that this duty was breached. Breaking traffic laws is a simple way to show this breach. Running a red light or stop sign, failing to yield, or following another car too closely are all examples of negligence.
Connecting the negligence to the victim’s injuries may be more difficult. For example, consider a man who suffered chronic neck and back pain from a previous accident. The man is rear ended while waiting to turn at an intersection. The man complains of neck and back pain to first responders. Is the pain from the present accident, or did it already exist? Medical records and other types of evidence must be carefully analyzed to determine the nature of the victim’s injuries and whether the accident caused them.
With a commercial vehicle, these claims may become a bit more complicated.
The at fault driver may always face liability for negligence that harms another individual. In some situations, the company the driver works for may be liable as well.
The company that employs the driver may be liable for that driver’s negligence if it should not have hired or retained that driver. Did the company do a thorough background check on the driver? Would a background check have revealed that the driver had been involved in other accidents? Or, had the driver already been involved in an accident while employed with the current company? If so, the company may be liable for its negligent hiring or retention of that driver.
Additionally, companies that use commercial vehicles have a duty to ensure that those trucks are in a safe and operable condition. If an accident was caused due to brake failure, and it is discovered that the truck’s brakes had not been properly maintained, the company may be liable for damages. Of course, if a driver was experiencing mechanical issues with a vehicle, and did not report those concerns, the driver may face additional liability.
Were You Involved In An Accident With A Commercial Vehicle?
If you were injured by another individual who was driving a commercial vehicle, contact the injury attorneys at Lomurro Law. Our attorneys are experienced in New Jersey commercial accident claims and provide aggressive, thorough representation to our clients. To schedule a free consultation to discuss your accident, call 732-482-9285 or contact us online.