Driving a commercial vehicle is a prerequisite for many careers, particularly if you work in the trucking industry. However, when you’re driving a commercial truck, there is always the possibility of getting into an accident. If you’ve been involved in a serious accident while driving a work vehicle, you probably have two question on your mind: who is responsible and what kind of compensation can I receive?
After an accident involving a commercial vehicle, it’s a good idea to learn more about fault in these cases. Read about who is responsible for commercial truck accidents and find out how you can fight for your compensation with the help of an attorney.
Your Employer’s Responsibility
Fortunately, when you must drive a commercial vehicle as part of your job, your employer is responsible for your actions as an employee. This is a legal concept known as respondeat superior. Any commercial truck accidents that occur while you are performing job-related tasks are your employer’s responsibility, not your own.
For example, if you are out on a routine delivery and are involved in an accident that results in damage to yourself and the commercial vehicle, liability for the accident falls on your employer.
Different Types of Compensation
If you’ve been involved in a commercial truck accident while on the job, there are two types of insurance that can come into play. The first is workers’ comp insurance. If your injury happened while you were performing your work duties, then your damages would be covered by workers’ comp. However, this only covers medical expenses and loss of income. Pain and suffering is not included.
Your employer may also carry liability coverage. Liability coverage would cover any injuries suffered by third parties, such as the driver of the other vehicle or passengers that you have in your truck. Passengers who are also employees will not be covered by liability insurance and will need to apply for workers’ comp instead.
What if You’re Hurt by a Third-Party?
A factor to consider after a commercial truck accident is how the accident occurred. If only your work vehicle was involved, then the only damages that you will be entitled to are workers’ compensation benefits. On the other hand, if your accident was caused by a third-party, you are eligible to receive workers’ comp benefits and to file a claim against the other driver’s liability coverage.
Filing a claim against the other driver’s insurance can give you access to much higher amounts of compensation. This is because liability insurance often does include pain and suffering and will replace the entirety of your lost wages. However, if your claim is successful, you may have to reimburse a portion of your workers’ comp payments.
Get Help After Commercial Trucking Accidents
It’s possible after commercial truck accidents to have problems receiving your deserved workers’ compensation or insurance claim, which is why you need the help of the attorneys at Mitch Grissim & Associates.
At Mitch Grissim & Associates, we understand the complexities of both workers’ compensation and insurance claims, and we can help you plan a lawsuit if you’re struggling to get the benefits you need to recover from your commercial trucking accident. Schedule a consultation with one of our attorneys today.