In a commercial vehicle accident, the injuries tend to be much more catastrophic because of the gross vehicle weight of the vehicles involved. A lot of times, the conduct – if we’re talking about driving in violation of regulations and/or driving while exhausted – may very well give rise to claims for punitive damages, which are awarded for reckless conduct that many times does not come into play in a private motor vehicle accident, so those are really the main differences.
Does It Make Sense To Independently Sue An Independent Contractor?
It certainly makes sense to include the driver, as a defendant, in a case because, ultimately, the driver is the one who would be responsible for the negligent conduct. But in most cases, we would not want to have the driver, as the only party, because there probably are some other liable parties and we would not want to run the risk of giving the driver the opportunity to point the finger at a party who is not there in court and who has not been sued.
Can You Provide A Brief Outline Of The Commercial Vehicle Accident Claims Process?
At the scene of the accident, it’s important to gather as much information as possible in terms of the names of any entities that are listed on the truck, tractor or on any other part of the vehicle because a very big part of the case is determining who the potential parties are. Typically, in a commercial vehicle accident, there will be police involvement, so there will be a thorough fact-finding process done by the authorities.
It is important, if someone is contemplating a suit in a commercial vehicle case, to get in touch with an attorney as quickly as possible so that the investigation can begin, and there is sufficient opportunity to identify all of the potentially responsible parties within the time limits that local courts set for bringing a lawsuit.
What Are The Biggest Challenges In A Commercial Vehicle Accident Claim?
Many times the biggest challenge to getting the case resolved is actually figuring out who among the various defendants ultimately is going to be responsible for paying the award, and that comes down to the various contracts between the parties and who bears legal responsibility for the conduct of the driver. Many times that’s a bigger fight than the fight over whether or not the operator of the commercial vehicle was negligent in the first place.
What Steps Can Someone Take If The Company Denies Liability?
At that point, if the victim doesn’t already have one, he or she really needs to hire attorney who can properly present the victim’s claim to the commercial vehicle company and respond to that sort of push back, as well as make sure that all of the responsible parties are included in the case and that the case is presented in the best possible light. Commercial companies and their insurance carriers are very sophisticated and will probably attempt to take advantage of an individual, who is trying to resolve a claim on their own. In this situation, it is well advised to have representation.
How Often Do Larger Companies Try To Avoid Paying Damages?
When there are multiple parties involved in terms of potential responsibility for an injury claim, sometimes the biggest fight is not so much between the defendants and the plaintiff but among the defendants themselves as far as who is responsible for paying damages, and that comes down to the language in the contracts between the parties. This tends to be one of the bigger disputes you see.
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