Although data doesn't exist for all commercial vehicle crashes, the Federal Motor Carrier Safety Administration's Crash Statistics database shows that some vehicles commonly used for commercial purposes, such as buses and large trucks, caused 387 fatal crashes and 12,762 non-fatal crashes in California in 2023. The National Safety Council reports that both commercial and non-commercial large trucks caused 392 fatal crashes in California that year. As a result, the state ranked second for the most large truck fatal crashes nationwide.
After any crash, people left behind, such as the family of the deceased or injured survivors, file insurance and court claims to help with their losses. This guide covers the basics drivers, passengers, family members and others need to know to recognize a commercial vehicle and file a claim in California after an accident.
Why Is Commercial Vehicle Recognition Critical?
Claim processes and even outcomes can differ based on the type of vehicle (i.e., non-commercial or commercial) that causes an accident. In general, people use "commercial" to define any vehicle used to haul passengers for profit or tangible items used for commerce (i.e., buying, selling, and trading). That said, this definition doesn't cover all considerations.
At the federal level, a vehicle must have a 10,001-pound or more gross vehicle weight rating. The designation can also apply to one or more vehicles with a combined GVWR of 26,001 pounds or more. In passenger scenarios, the vehicle must be designed or used for paid transportation of eight or more people or unpaid transportation of 15 people. This definition includes the transport of company employees. With property, the commercial designation can even apply to any vehicle, no matter the size or weight, federally approved for hauling hazardous materials.
For registration and other reasons, California defines a commercial vehicle in other ways beyond the transportation of goods and people for compensation and profit and weight requirements. The state also recognizes any vehicle used by people in person-for-hire scenarios and vehicles used only to haul property. Depending on usage, passenger vehicles, pickup trucks with permanent campers, multipurpose vehicles, and even station wagons can have either a non-commercial or commercial designation.
Why Do Commercial Vehicle Accidents Happen?
Commercial vehicle drivers experience the same problems as non-commercial drivers. They must navigate America's highways, streets and side roads in stop-and-start traffic; deal with potholes, road maintenance problems and related construction; attempt to perceive their surroundings well in adverse weather conditions; estimate safe driving distance while traveling at high speeds; cope with aggressive or poor driving by others; and watch out for darting animals and vulnerable road users.
Negligence is often a factor in commercial accidents. Drivers fail to limit distractions, tailgate in any conditions, exceed posted speed limits, fail to maintain their vehicles properly, or drive while intoxicated or exceeding the number of regulated hours of service. These issues become compounded by the design of their vehicles. Commercial drivers usually handle overly large, heavyweight vehicles or deal with heavy payloads or a lot of items or passengers that require special driving skills to transport safely. They can't stop as quickly and easily as non-commercial drivers. They need to slow down sooner than expected by non-commercial drivers when approaching stopped traffic and curves. They also have unique blind spots.
What Are the Rights of Survivors and Injured Victims?
In California, all commercial vehicle operators must have insurance to guarantee financial coverage if a driver or their employer is found liable for an accident. Anyone who suffers as a result of a commercial vehicle accident must alert their insurer. They can then file a claim with the commercial operator's insurer for a wide range of damages that include compensation for loss of life, suffering, lost work and income, medical bills, temporary and permanent disability, and damage to a vehicle or other property. Additionally, they have the right to file a court claim.
Both the driver and the company can be held liable for the accident. Of course, survivors and injured victims must prove that the commercial vehicle driver, their employer, or both was at fault because of some form of negligence, such as the driver acting negligently while behind the wheel, or the company hiring a driver with a record of previous negligence, providing inadequate training, disregarding incidents of negligence, or failing to appropriately inspect or maintain the vehicle.
When they file an insurance claim or lawsuit against a commercial vehicle operator, they must have all details pertinent to the accident. For example, they must collect the commercial driver's details, including their insurer's and employer's contact information; the make and model of the vehicle and license plate alphanumeric identifier; the location and time of the accident; photographs or video footage; physical evidence; witness details and statements; police reports; and medical records.
Given statutes of limitation in California, the fastest and most efficient route for filing a claim is with the help of an attorney. Survivors and injured victims must file within two years of the accident or the discovery of any injury and three years when dealing with vehicle and other property damage. An experienced professional attorney can help ease the burden of attempting to prove a case by performing all the hard work involved, such as investigating and researching the case and acquiring all necessary documentation and evidence. An attorney can also provide guidance to a client to help them better understand their legal rights when filing an insurance claim or lawsuit and whether they should accept or reject an out-of-court settlement.
