How to Handle a Car Accident Involving a Commercial Vehicle

All Practice Areas

Collisions involving commercial vehicles—whether it’s a delivery van, rideshare car, or company truck—are more complex than ordinary car accidents. Victims often face an uphill battle with multiple insurers, legal loopholes, and corporate defenses.

If you’re wondering what to do after a commercial vehicle accident, how liability works, or whether you can sue the company, this guide is your starting point.

Step One: Take Immediate Action After the Accident

Ensure Safety and Call Emergency Services

Your first priority should always be health and safety. Check for injuries, call 911, and make sure emergency medical services and law enforcement are on the scene. A police report is crucial—it establishes an official record of the incident.

Get Medical Attention Promptly

Even if you feel fine, injuries like whiplash, internal trauma, or concussions may not present symptoms right away. Seek medical attention immediately to protect both your health and your potential legal claim.

Step Two: Collect and Preserve Evidence

Take Photographs of the Scene

Document the accident thoroughly. Photograph:

• All vehicles involved
• Visible injuries
• Road signs, traffic lights, and skid marks
• The commercial vehicle’s logo, license plate, and any company branding

Record Witness Testimonies and Contact Information

If anyone witnessed the crash, get their names and phone numbers. Independent witnesses can strengthen your case and help resolve conflicting statements later.

Step Three: Exchange the Right Information

Ask for Company and Driver Details

Besides the usual driver’s license and registration, collect the following:

1. The name of the company the driver works for
2. Employer or supervisor contact details
3. The driver’s employment status (on duty or off duty)
4. Details of the company’s commercial insurance

Confirm If the Driver Was Working

Ask if the driver was making deliveries, transporting goods, or en route to a job. This determines whether the employer may be liable, a major factor in how your case is handled.

Understanding Liability in Commercial Vehicle Crashes

When the Driver Is Personally at Fault

A commercial driver may be liable if they were negligent—speeding, distracted, or violating traffic laws. However, even if the driver is at fault, you may be entitled to compensation through the company’s insurance.

Holding the Employer Accountable

If the driver was working at the time of the crash, the employer is often legally responsible under the principle of respondeat superior. This legal doctrine holds employers accountable for their employees’ actions while on the job.

When Employers Deny Responsibility

Some companies will try to avoid liability by claiming:

• The driver was off duty
• The driver was using the vehicle for personal reasons
• The driver is an independent contractor

These arguments can be challenged, especially if the company controls work hours, tools, uniforms, or assignments.

Third-Party Liability: Beyond Driver and Employer

Vehicle Manufacturers and Maintenance Providers

If the crash involved brake failure, tire blowouts, or other mechanical issues, the vehicle manufacturer or a repair shop may share liability.

Cargo Loaders and Third-Party Contractors

In commercial trucking, improperly loaded cargo can cause or worsen accidents. If someone other than the driver or employer loaded the vehicle, that third party may be legally responsible.

The Commercial Auto Insurance Claim Process

Start by Contacting Your Own Insurer

Even if you’re not at fault, report the accident to your insurance company. You may be able to access benefits like Personal Injury Protection (PIP), Medical Payments coverage (MedPay), or collision coverage.

File a Third-Party Claim with the Commercial Insurer

The commercial vehicle’s insurance policy is typically the primary source of compensation. Be prepared to submit:

1. A copy of the police report
2. Photos of the scene
3. Medical records and treatment bills
4. Repair estimates for your vehicle

Prepare for Pushback from Commercial Insurers

Commercial insurers often work aggressively to reduce or deny claims. They may offer lowball settlements or argue over liability. Be cautious about signing anything or giving recorded statements without legal advice.

Why You Should Speak with a Personal Injury Lawyer

Commercial Vehicle Cases Are Legally Complex

These cases often involve overlapping insurance policies, unclear liability, and powerful corporate legal teams. An experienced personal injury attorney knows how to navigate these waters and protect your rights.

You May Be Entitled to Significant Compensation

A qualified attorney can help you recover damages for:

1. Current and future medical expenses
2. Lost income and reduced earning potential
3. Pain and suffering
4. Property damage
5. Long-term disability or rehabilitation

Deadlines Are Critical

Each state has a statute of limitations—a legal deadline to file your claim. In many states, this is two or three years. Missing that deadline can mean losing your right to any compensation.

Special Scenarios: Delivery Vans, Rideshare Cars, and Fleet Vehicles

Delivery Drivers (Amazon, FedEx, UPS)

Large delivery companies often use independent contractors, complicating legal claims. That doesn’t automatically mean the company can’t be sued. If they control scheduling, training, or branding, the company may still be liable.

Rideshare Accidents (Uber, Lyft)

Liability depends on whether the app was active:

1. If the app was off, the driver’s personal insurance applies.
2. If the app was on but the driver hadn’t accepted a ride, limited coverage from the rideshare company may apply.
3. If the driver was transporting a passenger, the full commercial policy (often $1M) is typically in effect.

Work Vehicles and Fleet Cars

If the driver was in a company-owned vehicle and acting within the scope of their job, the employer is likely liable. This includes situations where a plumber, electrician, or construction worker is driving a fleet truck between job sites.

Frequently Asked Questions (FAQs)

Can I sue the company if their driver caused the accident?
Yes, in many cases, you can sue the company. If the driver was performing work duties at the time of the accident—such as making deliveries, transporting goods, or driving to a job site—the employer can often be held legally responsible for their employee’s actions. This is based on the legal principle known as “respondeat superior,” which holds companies accountable for actions carried out by employees within the scope of their employment.

Will my own insurance still cover me if I wasn’t at fault?
Even if you weren’t responsible for the crash, your insurance may still come into play. Depending on your policy, coverage like Personal Injury Protection (PIP), Medical Payments (MedPay), or collision coverage can help cover immediate expenses. Your insurer may later recover those costs from the at-fault party’s commercial insurance provider through a process known as subrogation.

What if the company says the driver was an independent contractor?
This is a common tactic companies use to avoid liability. However, just labeling someone an independent contractor doesn’t automatically relieve a company of responsibility. Courts often examine the actual working relationship—looking at factors such as whether the company controls the driver’s schedule, provides equipment or uniforms, or dictates how work is performed. If those factors are present, the company may still be liable despite the “contractor” label.

Is compensation usually higher in commercial vehicle accidents?
Yes, compensation in commercial vehicle accident cases is often higher compared to standard personal vehicle collisions. That’s because commercial insurance policies typically have much higher coverage limits. Victims may be eligible to receive compensation not just for medical bills and property damage, but also for lost wages, future treatment costs, and pain and suffering, especially in cases involving serious injury or long-term disability.

How long do I have to file a claim?
Every state has its own statute of limitations, which is a legal deadline for filing personal injury claims. In most states, the window is between two and three years from the date of the accident. However, some exceptions exist—especially when a government or public entity is involved—so it’s best to speak with an attorney as soon as possible to avoid missing your deadline.

Contact The Epstein Law Firm, P.A., Today

If you’ve been involved in a commercial vehicle accident—whether with a delivery truck, fleet car, rideshare driver, or company van—it’s time to get the help you deserve.

Don’t let insurance companies and corporate defense teams decide your future. An experienced personal injury lawyer can stand up for your rights, navigate the legal system on your behalf, and help you recover full compensation for your losses.

Contact The Epstein Law Firm, P.A., today for a free consultation.