Who is Liable? Navigating Complex Commercial Vehicle Accidents

In a commercial vehicle accident case, determining who may be liable for your damages is not always straight forward. You may have a claim against multiple individuals and/or entities.

In most commercial vehicle accident cases, you may have a claim against the driver of the commercial vehicle, in addition to the company that employs and/or owns the commercial vehicle. If the driver was acting within the course and scope of their employment at the time of the crash, the employer can be held liable. In other words, the commercial vehicle employer is generally legally responsible for the wrongful acts of its commercial vehicle driver employee. You may also have an independent claim against the employer if the employer failed to properly hire, train, retain, or supervise the driver.

In certain instances, there may be additional parties who could be liable, including:

• Product manufacturers: If a defective vehicle part was the cause of the accident, you may be able to pursue a claim against the manufacturer, distributor, or seller.
• Cargo loaders: if the accident was caused by improperly loaded cargo that either flew off the truck, or caused a rollover accident, you may be able to pursue a claim against the third party that loaded the truck.
• Maintenance companies: The commercial vehicle company may have outsourced maintenance to a third party, and you could potentially pursue a claim against the third-party maintenance company.

Comparative Fault in a Commercial Vehicle Accident Case

In commercial vehicle accident cases, like any other collision case, the insurance company or the at-fault parties may try to place all or some of the blame on you for the crash. They do this so that they can either avoid paying your damages entirely or reduce the amount of money that they owe you.

If you do bear partial fault for the accident, how and if you are paid depends on the laws of the state in which the accident occurred. Each state has its own rules. In Oregon, you cannot recover any damages for a car accident case if you are more than 50% at fault for the crash. If you are less than 50% at-fault, your total damages are reduced by the percentage of fault you bear.

In Washington, you are permitted to obtain compensation so long as you were not 100% to blame for the accident. Similarly, your damages would be reduced by your percentage of blame.

Contact a Vancouver Commercial Vehicle Accident Law Firm Today

If you have been injured in a crash with a commercial vehicle, speak to a Vancouver accident lawyer at Schauermann Thayer. We offer a free consultation, and you can schedule a time to speak with an attorney by filling out an online contact form or by calling us today at (360) 818-2725.