Illinois Commercial And Fleet Vehicle Accident Lawyer
Experiencing a crash with a company vehicle can be devastating, and you may have more problems to deal with than pain and medical bills. After a collision, you may miss work, lose income and face prolonged recovery. You may also have to deal with the company, whose team of lawyers may actively be working to reduce how much you are able to recover.
At Mathys & Schneid Personal Injury Lawyers, we understand the hardships that follow a serious crash. Our attorneys have more than 75 years of combined experience handling injuries and accidents, and we have helped clients recover more than $150 million in the cases we take on. If you are looking for a commercial vehicle accident lawyer, we have extensive trial experience and know how to tackle insurance companies, corporations and opposing counsel.
What Qualifies As A Commercial Or Fleet Vehicle Accident
Commercial and fleet vehicles include many types of vehicles used for business. They are not limited to large trucks or tractor-trailers. Even a crash involving a small company van can lead to questions about who was at fault, what insurance covers the crash and whether the company followed safety procedures. Examples include:
- Package delivery vans and other delivery vehicles
- Utility and service vehicles
- Company cars
- Vehicles used by rideshare drivers
- Municipal service trucks
- Vehicles owned, leased or managed by businesses
A crash with one of these vehicles may involve different parties and insurance policies than a typical car accident.
Legal Issues In Commercial Vehicle Collision Cases
A commercial vehicle crash may involve several responsible parties. An employer may be responsible for an employee’s actions when the employee was acting within the scope of the job. This is known as “respondeat superior.”
The vehicle itself may also provide important evidence. Maintenance records and inspection reports may show whether the company failed to keep the vehicle safe. Company policies may also reveal whether known safety problems were ignored.
Insurance can add another layer to the claim. Commercial policies often have different terms and coverage limits from personal auto policies. Depending on the circumstances, potentially responsible parties may include:
- The driver
- The driver’s employer
- A fleet management company
- A vehicle leasing company
- A maintenance provider
- A logistics or delivery company
These issues can make business vehicle accident claims more complicated than a typical car accident claim.
Establishing Employer Liability In Fleet Crashes
Our attorneys investigate the crash from every angle. We look at what the driver did and the driver’s relationship with the businesses involved.
If the driver was working when the crash happened, Illinois law may make the employer responsible for the driver’s conduct under respondeat superior. The employer may also be liable for its own actions. For example, a company may have hired an unqualified driver, failed to provide proper training or failed to supervise the driver. These claims focus on what the company did or failed to do regarding the crash.
A fleet vehicle accident attorney can also examine who owned or leased the vehicle and who managed it. Fleet agreements, leases and delivery contracts may show which businesses controlled the vehicle or the driver’s work.
Dealing With Commercial Insurance Policies
Commercial auto policies may provide more coverage than personal auto policies. But that does not mean the insurer will offer fair compensation.
Insurance adjusters and corporate lawyers may challenge your claim in several ways. They may dispute who caused the crash, question your injuries or argue that some of your losses came from another cause. They may also point to gaps in your medical treatment.
Our attorneys prepare for these challenges. We collect evidence, document your losses and build a claim based on the facts. We may seek compensation for medical bills, lost wages, future losses and the lasting effects of your injuries. As a commercial fleet accident lawyer, we work to protect your interests and pursue the compensation you may deserve.
Evidence In Commercial Vehicle Accident Claims
Evidence can be lost soon after a commercial vehicle crash. Important records may include:
- Electronic logging device data
- GPS and telematics records
- Maintenance and inspection records
- Driver training and qualification records
- Company rules for vehicle use and driver conduct
- Employment records and delivery schedules
- Commercial insurance policy documents
A company vehicle accident attorney can take steps to preserve important evidence. For example, a preservation letter can tell a company to keep records related to the crash. Attorneys can also use subpoenas and discovery to obtain records from businesses and other parties when necessary.
These records may reveal important facts that do not appear in a police report.
Why Commercial Vehicle Accidents Need Experienced Legal Help
Commercial fleet cases can involve more than the usual issues in a car accident claim. They may involve corporate defendants, commercial insurance policies and several potentially responsible parties. An early investigation can also be important. Companies may have policies that allow them to delete older records. Acting quickly can help preserve evidence before it disappears.
A fleet accident injury lawyer may also work with investigators who understand commercial vehicles and fleet systems. These investigators can look for evidence that a standard accident investigation might miss.
Our attorneys know how to deal with corporate defense lawyers and commercial insurers. If a company car, utility vehicle or another business vehicle caused your crash, a delivery vehicle accident lawyer can investigate what happened and determine who may be responsible.
What You Should Know About Commercial Vehicle Accidents In Illinois
Commercial and fleet crashes can raise questions that do not come up in a typical car accident. Below are answers to common questions about liability, insurance and lawsuits after a fleet vehicle collision.
How is a commercial vehicle accident different from a regular car accident?
A commercial vehicle accident may involve more parties, insurance policies and records than a typical car crash. The driver may have been working for an employer, using a leased vehicle or working under a fleet management company.
The business may also be responsible for the driver’s actions or for its own negligence. Commercial insurers may have specialized claims teams and defense lawyers. As a result, investigating and pursuing the claim may take more work than a standard car accident case.
Can I sue the company that owns the vehicle, or only the driver who hit me?
You may have a claim against more than the driver. If the driver worked for a company and was acting within the scope of employment, the company may share responsibility for the driver’s actions.
Other parties may also be responsible. These could include the vehicle owner, fleet manager or maintenance provider. Your potential claims depend on the facts of the crash and the relationships among the parties.
What happens if the commercial driver was an independent contractor and not an employee?
A company is not automatically responsible for an independent contractor’s actions. However, calling someone an independent contractor does not always end the matter.
The company may still have responsibility for its own conduct. The contract between the parties and the amount of control the company had over the driver’s work may also matter. Other businesses may have played a role as well. An investigation can review contracts, work records and company policies to determine who may be responsible for your injuries.
What if the commercial vehicle that hit me was a rental car or rideshare vehicle?
A rental or rideshare vehicle can raise additional insurance and liability issues. The driver, vehicle owner, rental company or rideshare company may each have a different role in the claim.
Insurance coverage may also depend on what the driver was doing when the crash occurred. For example, the driver’s coverage may differ if the driver was working, waiting for a ride request or driving the vehicle for personal reasons.
Can I still recover compensation if the commercial driver was not at fault?
Possibly. The driver may not be the only person or business responsible for a commercial vehicle crash.
A company may have failed to maintain the vehicle, hired an unqualified driver or failed to provide proper training. A maintenance company, vehicle owner or another party may also have contributed to the crash. Illinois law can affect how fault and compensation apply to your case. A thorough investigation can help determine whether another person or business caused or contributed to your injuries.
How long do I have to file a lawsuit after a fleet vehicle accident in Illinois?
In Illinois, you generally have two years to file a personal injury lawsuit and five years to file a property damage claim. However, if the commercial vehicle was operated by a local public entity or municipality, a strict one-year filing deadline applies.
These deadlines can vary depending on the case. Missing the applicable deadline can prevent you from pursuing compensation, so it is important to have an attorney review your case as soon as possible. We can examine the circumstances that led to your accident, explain your legal options and help you pursue compensation.
Commercial Vehicle Accidents: Secure Your Recovery, Consult Us Today
You do not have to handle the aftermath of a serious commercial vehicle crash on your own. Our attorneys can investigate the collision, identify potentially responsible parties and pursue compensation for your injuries and losses.
If you are looking for a corporate vehicle collision attorney, we can deal with the insurance companies and businesses involved while you focus on your recovery. Contact 630-848-9294 or send us an email to discuss your case. We offer free consultations and handle cases on a contingency basis, meaning you do not need to pay us unless we win.