There are several legal claims you can make against another car when you have been rear ended. But, would the process be different if the car that rear-ended you was actually a company car? What effect would it have if it was a commercial company? Would the case still be the same? The article below discusses the differences between the legal claims you could bring in when rear ended by an average car versus when you are rear-ended by a commercial company vehicle. It is important to hire an experienced car accident attorney to better pursue these claims since this article is just a brief overview. For more information regarding your state-specific laws, contact our attorneys today to determine your claim and the compensation you could recover for your injuries. We offer a free, no risk consultation where you could comfortably explain your case to us.
High Traffic, High Vehicle Accidents
California has the most registered vehicles when compared to the other states. California is also one of the states that report the most traffic. Because of this constant movement on the roads, getting involved in an accident is an increased risk. Several trucks on the freeways import and export commercial goods, sometimes even hazardous.
Differences With Commercial Vehicle Accidents
There are certain differences that attorneys look for when you are ended by a commercial vehicle. This is not common in average car accidents. In a commercial accident case, an attorney looks at a variety of instances. For example, if the company driver had a history of car accidents. If the company driver did have a history of accidents, then the company could be found liable for negligent hiring. Another question that could be asked is whether the company failed to maintain the vehicles. If the company did fail to maintain their vehicles prior to driving, then you may have a claim against the company for negligent maintenance.
Usually, the common misconception is that being rear-ended by a commercial car would amount to the same amount of damages as an average car accident. However, that is not true. Commercial vehicles, since they are larger, could cause more severe damages, and so the damages could be increasingly more than average rear end vehicle.
How Is a rear-end Accident Caused?
There are several driving scenarios that could result in rear end collisions. The most common scenarios we have dealt with occurs when: (assume car 2 is in back of car 1 in all the below scenarios)
- Car 1 slows down, and car 2 comes up from behind. Car 2 is unable to stop since they were speeding, and rear ends car 1.
- Car 1 does not drive forward when the traffic light has turned green, car 2 does drive forward, and hits car 1 from behind.
- A traffic light is about to turn red, and car 2 speeds up to make the light. Car 1 comes to a stop at the light.
- Car 2 is distracted, and rolls forward, hitting car 1.
Common Injuries Resulting from Commercial Vehicle Accidents
What Should I Do After Being Hit By a Commercial Vehicle?
It is important to stay calm after being hit by a commercial vehicle. The first step is to move out of the way if possible. This is to prevent any other accidents. The next step would be to seek medical assistance. The final step is the most crucial step in the legal process. During this time, it’s very important to get the other party’s name, address, the vehicle registration and insurance, and driver’s license. Although it can be very difficult to obtain this information after a severe car accident, it is one of the most crucial steps in following through with your claim. Not knowing the other party could potentially result in an unsuccessful claim.
California Commercial Truck Accident Statutes
When dealing with a rear end collision caused by a commercial company truck, these statutes are most likely going to come up when bringing a legal claim against defendant. Each case may involve different vehicle code statutes, that is why it is important to consult your claim in detail with your attorney. Any violation of these vehicles could result in a finding of negligence or negligence per se. It is important to gather as much evidence as you can regarding your claim. Below are just little snippets of the vehicle code statutes.
General Driver Vehicle Code
California Vehicle Code Section 17150
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
Rear-end Accidents That Result in Road Spills
California Vehicle Code Section 17300
(a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof.
Permits Commercial Truck Drivers Must Obtain
California Vehicle Code Section 34620
(b) A person shall not contract with, or otherwise engage the services of, a motor carrier of property, unless that motor carrier holds a valid motor carrier of property permit issued by the department.
Statute of limitations in Commercial Accidents
Statute of limitations in a rear-end accident caused by a trucking company differs depending on the damages. Statute of limitations is the legal term used to describe when one could bring their legal claim against the other party. Bringing the claim after that time period could result in a dismissal. Although the laws are constantly changing, personal injury statute of limitations following a rear-end accident in California is 2 years from the date of the accident. Property damage claims that have should be brought within three years. Please note, these laws may be subject to change. For more information on your claim and the statute of limitations for your claim, contact our attorneys today.
Get Help From Experienced Commercial Accident Attorneys
If you or a loved one has been injured as a result of a rear end collision caused by a commercial truck, contact our attorneys today to discuss your legal claim. While you focus on healing from your injuries, we will take care of the legal process for you. You do not have to pay as a single dollar unless we win a settlement amount or a judgment amount for you.
Call our office today at 1 (833) 224 5454 to schedule a free consultation.
***Disclaimer: This blog is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this blog, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.