Imagine this: you’re driving down the road, following all the rules, when suddenly, BAM. You’re hit by a company vehicle. Car accidents are stressful enough, but when it’s a commercial vehicle, things can get even more complex. Aside from the shock of the accident, you’re likely facing medical bills, car repairs, and maybe even lost wages. Naturally, a “hit by a company vehicle settlement” is something you’re thinking about.
But how do these settlements differ from those involving personal vehicles? It boils down to vicarious liability. This means an employer can be held responsible for their employee’s actions if the employee was acting within the scope of their employment. So, if you’re hit by a commercial vehicle while the employee is on the clock, you’re not just dealing with the driver—you’re potentially dealing with the company’s deeper pockets. This is especially important when considering the medical costs and out-of-pocket expenses that might arise from an accident caused by a company vehicle.
Table Of Contents:
- Understanding Fault and Liability in Company Vehicle Accidents
- What To Do If You Are Hit by a Company Vehicle
- Factors Influencing Your
Hit by a Company Vehicle Settlement - Additional Factors to Consider in Hit by a Company Vehicle Settlements
- Navigating Settlements with Insurance Companies
- Benefits of Hiring a Maryland Personal Injury Lawyer
- FAQs about
Hit by a Company Vehicle Settlement - Conclusion
Understanding Fault and Liability in Company Vehicle Accidents
In Maryland, drivers have a duty of care to drive safely and responsibly to avoid causing harm to others. A breach of this duty, like running a red light or speeding, is considered negligence. Maryland, however, operates under an “at-fault” system, meaning the party responsible for the accident bears the financial burden.
When the Company Driver is at Fault
When a company driver causes a truck accident in Maryland, their negligence can lead to their employer being held liable under the principle of vicarious liability. This means you may be able to seek a
hit by a company vehicle settlement
that covers a variety of damages.
- Direct costs such as medical expenses, property damage, and lost wages due to the accident.
- Pain and Suffering: This accounts for the physical discomfort, emotional distress, and impact on your daily life.
- Loss of Consortium: This addresses the impact on your relationship with your spouse, if applicable. This pertains specifically to the ways in which the accident has affected your ability to maintain a normal marital relationship.
When You Are Partially At Fault
Maryland follows the contributory negligence rule, which means even if you are found partially at fault for the accident, you could lose your right to any compensation. For example, if a jury determines you were 10% at fault and the company driver was 90% at fault, you would receive nothing. This makes it crucial to gather strong evidence to support your claim, such as eyewitness accounts, photos of the accident scene, and any other relevant documentation.
What To Do If You Are Hit by a Company Vehicle
Knowing the right steps to take if you are involved in a company vehicle accident is essential. It’s important to act quickly, both for your health and to protect your right to pursue a
hit by a company vehicle settlement
if needed. Here are the essential steps to take if you find yourself in this situation.
Steps to Take Immediately Following the Accident
- Prioritize Safety: Move to a safe location if possible. If you are able, move your vehicle to the side of the road or to a safe location off the roadway.
- Call 911: Even if the accident seems minor, it’s crucial to get a police report. Remember, if a 911 call was made, the attorney might need to obtain a copy of the recording later as it can serve as evidence supporting your claim.
- Document the Scene: Take photos and videos of the accident scene, including vehicle damage, injuries, and any road hazards. Focus on capturing details like the position of the vehicles, skid marks, traffic signals, and any visible injuries.
- Exchange Information: Gather the company driver’s information—name, contact details, insurance—as well as details about the company they work for. If possible, gather contact information for witnesses. Be sure to note their names and contact information for future reference.
- Seek Medical Attention: Visit a doctor or hospital to get checked out. This is important even if you feel fine, as some injuries might not be immediately apparent. Request copies of all medical reports and bills for your records.
Factors Influencing Your
Hit by a Company Vehicle Settlement
The potential amount of a
hit by a company vehicle settlement
in Maryland depends on various factors. Each case has its nuances, so consulting with a lawyer is always recommended to discuss specific details. Understanding these factors will help you grasp the complexities involved in determining a fair settlement.
Factors Affecting Your Potential Settlement:
| Factor | Explanation |
|---|---|
| Severity of Injuries | More serious injuries often result in higher settlement amounts because they incur more extensive medical expenses, lost wages, and impact on the victim’s future. Vertebrae Fractures, for example, would naturally demand a higher settlement compared to a minor whiplash injury. Settlements involving significant medical treatment, ongoing care, and potential long-term disability will likely be more substantial. |
| Evidence of Negligence | Strong evidence proving the company driver’s negligence significantly strengthens your commercial vehicle accident case and increases the chance of a favorable settlement. Distracted driving is a major concern, and if you can prove the company driver was texting or otherwise not paying attention, your chances of a fair outcome increase. This might include evidence of traffic violations, witness testimonies, or data retrieved from the company vehicle, if applicable. |
| Availability of Insurance Coverage | Companies, unlike individual drivers, often carry larger insurance policies to protect themselves. This potentially translates to more funds available for your settlement. Understanding these policies and ensuring sufficient coverage for your losses is crucial for obtaining maximum compensation in cases of serious injuries, especially those involving permanent disabilities. Your attorney can help you investigate the company’s insurance coverage and advise on the potential implications for your case. |
| Your Conduct | As mentioned earlier, Maryland’s contributory negligence rule comes into play if you share any fault for the accident. It highlights the importance of responsible driving habits. Even if the company driver’s negligence is evident, any contribution you made to the accident could reduce your settlement amount or even bar you from recovering any compensation. |
Additional Factors to Consider in Hit by a Company Vehicle Settlements
There are a couple more crucial points to keep in mind as you learn about
hit by a company vehicle settlements. It is vital to be aware of these additional factors to ensure you are fully informed about the potential implications for your case.
Punitive Damages
In some situations, you might be entitled to punitive damages in addition to compensatory damages. Punitive damages are intended to punish the defendant for especially reckless or negligent behavior and deter similar conduct in the future. However, they are not typically awarded unless the defendant’s actions were egregious. This could occur, for instance, if a company continued to employ a driver with a known history of DUI offenses or a pattern of reckless driving, demonstrating a disregard for safety. That negligent supervision will be a component of a personal injury lawsuit or wrongful death claim after an auto accident.
Navigating Settlements with Insurance Companies
Insurance companies are businesses; their goal is to resolve claims as quickly and cost-effectively as possible. They may offer a low settlement initially, hoping you’ll accept without fully understanding the extent of your damages. They may also try to delay the process or use tactics to deny your claim outright. Do not accept the initial settlement offer without consulting an experienced attorney.
An experienced lawyer will protect your interests and help you obtain maximum compensation for:
- Current and future medical expenses: These include surgeries, therapy, medications, and ongoing care. These expenses can add up quickly, and it’s crucial to account for both past and future medical costs related to the accident.
- Lost wages: Compensation for time you cannot work due to your injuries. This includes not only the time you’ve already missed but also any potential future lost earnings if your injuries prevent you from returning to your previous job or earning capacity.
- Property damage: Costs associated with repairing or replacing your vehicle. Be sure to keep all receipts and documentation related to vehicle repairs or replacement to support your claim for property damage.
- Pain and Suffering: This encompasses the physical pain, emotional distress, and mental anguish you’ve experienced as a result of the accident. While this aspect of damages is more subjective, an attorney can help you present a compelling case to the insurance company, supporting your claim for fair compensation.
Benefits of Hiring a Maryland Personal Injury Lawyer
When you’ve been injured in a company vehicle accident in Maryland, legal representation is invaluable. While you focus on recovery, a car accident law attorney will handle the legal complexities of your case, ensuring your rights are protected. They will also work diligently to obtain the compensation you deserve from a car accident settlement or personal injury lawsuit.
- Thoroughly Investigate: Gathering evidence such as police reports, witness statements, medical records, and even potentially analyzing traffic camera footage. A thorough investigation strengthens your case and helps build a compelling narrative to support your claims.
- Handle Legal Complexities: Filing lawsuits, managing paperwork, and ensuring deadlines are met while you focus on healing. This allows you to concentrate on your recovery without the added stress of navigating the legal system.
- Negotiate Effectively: Using their legal expertise and understanding of case precedents to advocate for your best interests and strive for a maximum accident settlement. Experienced negotiators know how to effectively communicate with insurance companies and push for a fair outcome.
- Prepare for Trial: If a fair larger settlement can’t be reached, your attorney is prepared to take your case to court and present a compelling argument before a jury. They will be your advocate throughout the trial process, ensuring your rights are upheld and your side of the story is heard.
Keep in mind studies show close-call accident cases go to trial far more often than great cases. Having a skilled attorney by your side can make a significant difference in the outcome of your case, especially if it proceeds to trial.
FAQs about
Hit by a Company Vehicle Settlement
What if the company driver wasn’t on duty but was driving a company vehicle?
Even if the driver was off-duty, you might still have a case. Companies can sometimes be held responsible for their vehicles even when used for personal errands, depending on their internal policies and state accident laws. For instance, if the company vehicle was not properly maintained and this contributed to the accident, the company could still be held liable. It’s important to discuss the specific circumstances with an attorney to determine if the company can be held responsible.
How long will it take to reach a
hit by a company vehicle settlement?
The time it takes can vary from a few months to over a year, depending on the complexity of the case, the severity of your injuries, the insurance company’s willingness to cooperate, and whether the case proceeds to trial. Cases involving complex liability issues, extensive medical treatment, or resistance from the insurance company can take longer to resolve.
What if I’m offered a settlement, but I’m not sure if it’s enough?
It’s important to never feel pressured into accepting an offer that doesn’t feel right to you. Consult with an experienced attorney to assess if the offer reasonably covers your current and potential future losses. They can advise you on whether the settlement offer adequately addresses your needs and future expenses related to the accident. Remember, once you accept a settlement, you generally forfeit your right to pursue further compensation, even if your condition worsens or additional expenses arise.
Conclusion
Getting hit by a company vehicle adds a layer of complexity to accident claims. Don’t face it alone – get legal help to have a hit by a company vehicle settlement in Maryland. An experienced attorney can help you navigate the complexities of insurance claims, liability issues, and the legal system, ensuring you receive the compensation you deserve.
