You may expect that professional drivers are the safest on the road, but that often isn’t the case. With pressures like having to meet tight schedules while working long hours, commercial drivers frequently make mistakes or flat out drive aggressively . Even if you’re sympathetic to the pressures on them, that doesn’t change the fact that you shouldn’t be in pain and out of money because of an accident caused by a negligent commercial auto driver. The law recognizes this by giving you the right to receive full compensation if you were injured by a commercial driver. As one of Idaho’s largest personal injury firms, we can help you determine what you might be able to recover in a commercial auto accident claim. We’ll pursue all avenues of possible recovery including insurance, the business the driver works for or owns, and the driver. Call us now at (208) 333-3333 to find out how the process works and what your case may be worth.
Was Your Accident Caused by a Commercial Driver?
Commercial auto drivers include everyone from the rideshare and delivery services you see springing up around Boise to anyone who drives during the course of performing their job such as pizza delivery drivers and landscapers hauling their equipment. A commercial driver might be in a company-owned vehicle or in their own personal car. The key is that a commercial driver is engaging in some type of business activity. Whether the person who caused your accident was a commercial driver is important because they may be subject to special rules and regulations. They need to have commercial auto insurance, may need a special license, may have limits on how much they can drive, and may have to follow safety regulations regarding how things are stored in or on their vehicle.
Law Violations and Reasonable Care
If a commercial driver broke a traffic law, it may or may not impact your case. The main consideration is whether the violation led to the accident or created an unsafe condition that made an accident more likely. Part of proving a commercial auto accident claim is proving that the other driver failed to use reasonable care. Reasonable care usually includes following the rules related to safety, and there is a strong argument that a driver or company who failed to follow those rules was negligent.
How to Recover in a Boise Commercial Auto Accident Case
If you were involved in a commercial auto accident, you have several possible paths to recovery. These include the commercial auto insurance policy, the company owning the vehicle, the commercial driver, and your own auto insurance policy. One option that’s usually not available is the driver’s personal insurance policy. These policies generally exclude coverage for any commercial activities. This is especially problematic when the commercial driver is engaged in activities like pizza delivery or ridesharing as an independent contractor and isn’t covered by an employer’s commercial policy. Claims against these types of drivers effectively become an uninsured motorist claim.
What You Need to Recover
At the most basic level, you must prove that the commercial driver or the company did something to cause the accident. This may be bad driving, poor maintenance of the vehicle, or other safety violations. You’ll also need proof of the financial losses for which you’re seeking reimbursement. You may find that a reputable business is more willing to settle if they’ve accepted fault in order to avoid bad publicity and preserve their reputation. However, you should understand that any settlement offers from the business or the insurance company usually come with a catch — you must waive the right to seek additional compensation beyond the settlement amount. For that reason, you should not accept a settlement offer unless (1) you’re sure you won’t have any future medical or other expenses related to the accident, and (2) you fully understand the total amount of compensation that may be available to you.
Schedule a Free Consultation
We understand the burden and stress involved in being in an accident and strive to make the process as simple as possible. We start with a free consultation to help you understand what your case is worth. If you retain us, we then pursue your claim to the fullest extent of the law to help you receive the full amount of compensation to which you’re entitled. Finally, if you’re not able to recover, we don’t take a fee. To start the process, contact our office now to schedule an appointment with our Litster Frost Injury Lawyers today.
Your rights as a motorist:
- You have the right to full compensation for your medical expenses, lost wages, other costs, and any long-term disabilities.
- You have the right to have the insurance company honor their policy and pay covered claims.
- You have the right to refuse to accept any settlement offer by the insurance company unless you are fully satisfied with it.
- You have the right to pursue legal action to recover any damages not covered by insurance.
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Comparative Negligence Rule
COMPARATIVE NEGLIGENCE RULE
Idaho follows the comparative negligence rule, which means that a court will look at both parties’ actions and level of fault in the case of a motorcycle accident.
Even if you were both driving irresponsibly, if the other driver was driving more carelessly, then you may still have a case. It’s important to recognize, however, that any fault on your part will limit the amount of damages which you can receive.
SEE IF YOU HAVE A CASE IMMEDIATELY:
To schedule a consultation about your accident, call our office at (208) 333-3333 or fill out your case evaluation form now.