Glendale Commercial Vehicle Accident Lawyer

What counts as a commercial vehicle in a Glendale accident?

A vehicle can be commercial because of who owns it or why it is being driven, not only because of its size. Common examples include delivery vans, box trucks, utility and service trucks, tow trucks, contractor pickups and company cars driven by employees on the job. If the driver was working when the crash happened, the case may involve an employer and a business insurance policy even when the vehicle looks like an ordinary one.

Does it matter if a delivery van or a semi-truck hit me?

It can. Heavier trucks may be subject to federal safety rules on driver hours, inspections and maintenance, which the Federal Motor Carrier Safety Administration, or FMCSA, oversees. Smaller vans and pickups often fall outside those rules, but company policies, training and maintenance still matter, and the employer can still be responsible for how its drivers behave.

Large semi-trucks often cause the most severe injuries because of their weight, but vans and box trucks can also cause serious harm that is easy to underestimate. In either case, the right steps are the same: get medical care, preserve evidence and avoid giving statements until you understand your rights.

Who can be responsible for a commercial vehicle accident?

Responsibility often reaches beyond the person behind the wheel. Depending on the facts, it may include:

• The driver, for distracted, tired or careless driving
• The employer, which can be responsible for an employee’s negligence while the employee is working
• The employer’s own conduct, such as hiring an unsafe driver, giving poor training, setting unrealistic delivery schedules or skipping maintenance
• A vehicle owner or leasing company, if it is separate from the driver’s employer
• A maintenance shop or parts manufacturer, if a mechanical failure contributed
• A contractor or other business, when the driver worked for a separate company

A company that uses independent drivers will sometimes argue that it has no responsibility for them. Whether that argument holds up depends on the details of the working relationship, which is one reason a Glendale commercial vehicle accident lawyer begins investigating early.

What evidence matters in a commercial vehicle crash?

The scene still matters. Skid marks, vehicle damage, road conditions and witness statements can disappear fast. In a commercial case, there is a second layer of evidence that only the company controls, such as:

• The driver’s personnel, training and driving records
• Maintenance and inspection records for the vehicle
• Dispatch, routing and delivery schedules
• Records of the driver’s hours, which federal rules require some carriers to keep for six months under 49 CFR 395.8
• Vehicle data and any dashcam or telematics video
• Phone records, where distraction may have played a role

A Glendale commercial vehicle accident lawyer can send preservation letters that put the company on formal notice to keep these records. The earlier a letter goes out, the less chance there is that useful information is overwritten or discarded as part of routine business.

What if I was working when the commercial vehicle hit me?

If you were hurt on the job, for example while making a delivery or driving between work sites, you may be able to receive workers’ compensation benefits. In California, receiving those benefits generally does not stop you from also bringing a separate claim against a third party who caused the crash, such as another company’s driver. Labor Code section 3852 addresses an employee’s right to pursue a claim against a third party. Workers’ compensation and third-party claims can affect each other, so it is worth talking with a lawyer before you settle either one.

How do I file a claim or lawsuit after a commercial vehicle crash?

Most cases begin with an insurance claim. You report the accident, provide records and bills to show your injuries and losses, and the insurer investigates. If the insurer denies the claim or offers an amount that does not reflect your losses, the next step may be a lawsuit. Your lawyer prepares a complaint, collects evidence, and takes part in discovery, in which both sides exchange information.

In most personal injury cases, the deadline to file a lawsuit is two years from the date of the injury under section 335.1 of the Code of Civil Procedure. Shorter deadlines can apply when a public entity is involved. California also follows a pure comparative negligence rule, so you may still recover if you share some fault, although your total is reduced by your percentage of responsibility. The California Courts Self-Help Center offers a general overview of the process.

What compensation may be available?

Depending on your injuries and the facts, compensation may include medical expenses, lost income, reduced earning capacity, property damage, and non-economic damages such as pain, suffering and emotional distress. Every case is different, and the amount depends on the evidence, the available insurance and how fault is assigned. We cannot promise any particular result.

How a Glendale commercial vehicle accident lawyer at Babaians Law Firm helps

• We investigate quickly, including sending preservation letters to companies and drivers.
• We identify every responsible party and every insurance policy that may apply.
• We handle insurers and company representatives for you, so you can focus on recovery.

We handle injury cases on a contingency basis, so there are no attorney fees unless we win. Your written fee agreement explains how fees and case costs are handled. If a delivery truck was involved, see our UPS truck accident lawyer page.

Speak with a Glendale commercial vehicle accident lawyer today. Call (818) 334-2981, available 24 hours a day, for a free consultation.