In a motorcycle vs. commercial vehicle accident, one vehicle usually takes the brunt of the damage — and that’s the motorcycle.
If you’re a victim of an accident involving a large commercial vehicle, you may wonder how to seek compensation. Who is responsible: the driver, their company, or both?
In many cases, the driver’s company is at least partially liable for the accident, which means you can claim compensation from the company. Learn how to pursue claims against a company after a commercial vehicle accident.
Who Is Liable in a Motorcycle vs. Commercial Vehicle Accident?
Like in any accident, liability in a motorcycle vs. commercial vehicle accident depends wholly on the accident circumstances. But if the driver of the commercial vehicle caused your accident, their company may be liable as well.
For example, the driver may be liable if they:
- Violated traffic laws
- Acted recklessly
Meanwhile, the company may be liable if it:
- Forced its truck drivers to work long, unsafe hours
- Failed to maintain the commercial vehicle, leading to a malfunction
- Did not train the driver properly before allowing them to drive the commercial vehicle
Other parties may also be partially responsible. For instance, maybe the truck manufacturer included a faulty part, leading to a breakdown. Or maybe the city failed to maintain the roadway, leading to a truck tire blowout that caused the accident.
Even if you cannot directly pin any responsibility on the driver’s company, it still may be liable through vicarious liability. Truck companies are often liable for the negligent actions of their drivers through this concept.
When you work with a qualified motorcycle accident attorney, they can help you pinpoint all liable parties and maximize your compensation.
Pursuing Claims Against a Commercial Vehicle Company
If the truck company is partially liable for your accident, you can begin by filing an insurance claim.
Trucking companies should have comprehensive liability coverage in place to cover the commercial accidents their drivers cause. But because insurance companies are in the business of making money, the insurer may not offer you sufficient funds to cover all of your medical expenses and other bills.
Your attorney can help you negotiate a higher offer. If the insurance company refuses to budge, you may need to threaten legal action.
Insurance companies often agree to settle out of court, but your attorney can help you pursue an adequate settlement. Through a lawsuit, you can also seek non-economic expenses, such as pain and suffering or emotional distress.
Claims With Multiple Defendants
Your motorcycle vs. commercial vehicle accident probably involves the partial liability of multiple parties: the truck driver and the trucking company. Other parties may also be liable depending on the accident circumstances.
When you pursue a claim against multiple parties, your payout can become a little complicated. Some states will assign a percentage of the blame to each party and make them financially responsible for that portion of your damages. Others will require every liable party to pay the full cost of your claim.
Having an experienced motorcycle accident attorney on your side is crucial as you navigate a complicated insurance claim or lawsuit. You don’t want to risk potentially thousands of dollars in compensation trying to handle your claim yourself.
Law Tigers: Helping Motorcycle Accident Victims Move Forward
Motorcycle versus commercial vehicle accidents can produce devastating injuries. Unfortunately, they can also lead to fatalities. At Law Tigers, we’re committed to helping motorcycle accident victims and their loved ones move forward from these traumatic events. Contact our attorneys who ride today at 1-888-863-7216 to schedule your consultation.