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When someone is hurt in a crash involving a company or commercial vehicle, the process of pursuing compensation quickly becomes incredibly complex. In this article, we’ll explore…
If an employee is driving a company vehicle and causes an accident, the company can be held liable. The employee is considered a representative of the business, and the employer is legally responsible for their actions while they’re performing work duties. That is to say, if someone driving for their employer injures another person or damages property, the company can be held accountable for that negligence.
You can—and often should—file a lawsuit against both the driver and the employer. Our job is to make sure all possible sources of compensation are brought to the table for our injured clients. That means naming both the at-fault driver and their employer in the lawsuit to ensure every avenue for recovery is pursued.
If the driver of the vehicle was an independent contractor, we still investigate thoroughly to see what insurance coverage may be available.
For instance, with rideshare drivers like Uber or Lyft, coverage depends on what stage of the trip they are in: waiting for a ride, en route to pick up a passenger, or transporting someone. Each stage triggers different levels of insurance coverage.
In other cases, such as trucking accidents, even if a driver is technically labeled an independent contractor, the trucking company may still exercise enough supervision and control to be held responsible under Federal Motor Carrier Safety Regulations.
We always climb the chain, looking for every potential insurance policy from personal to commercial or supplemental. Sometimes drivers purchase additional coverage without realizing it doesn’t actually protect them for commercial use, so it’s our job to identify every valid policy and pursue every available source of compensation. If necessary, we’ll file suit to make sure nothing is overlooked.
No, you should not contact the company directly. Your attorney should handle all communication. Companies and their representatives often appear friendly and cooperative at first, but their main goal is to minimize liability. They may twist what you say or use your statements against you later. Having your lawyer communicate on your behalf protects your claim and prevents you from accidentally saying something that could weaken your case.
There are several reasons.
First, an attorney knows what evidence needs to be preserved and how to request it properly. If the company fails to preserve crucial evidence, such as driver logs, vehicle maintenance records, or video footage, that failure can be used against them in court.
Second, when multiple parties or companies are involved, there are often multiple insurance policies in play. A skilled personal injury lawyer will notify every insurer and make sure all responsible parties are included in negotiations.
In short, hiring an experienced attorney ensures that nothing slips through the cracks and that all available compensation sources are pursued.
When a corporation is involved, the process is usually more complicated.
Companies tend to lawyer up quickly. Some move fast to resolve the issue and settle professionally; others dig in and make every step of the case a battle. We’ve had cases resolved within months because the company’s attorney worked cooperatively, but we’ve also had cases drag on for years because the defense fought every detail.
Ultimately, it depends on the company’s size, financial stability, and willingness to cooperate. Some corporations are eager to settle and move on, while others take a hardline approach.
That’s why early involvement from your own attorney is so important. We can identify who the decision-makers are, ensure the right people with authority (and checkbooks) are at the negotiation table, and verify that the company has adequate insurance or assets to cover the claim.
For more information on Arkansas medical billing transparency, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 227-3060 today.