What Should I Do If I Was Hit By a Company Vehicle?
Dec 4, 2024 | Read Time: 6 minutesPursuing a personal injury claim for compensation following a car accident can be complicated, especially one involving a company vehicle. If you were hit by a company vehicle, contact an attorney right away to receive legal advice. A company vehicle is any vehicle owned by a business and driven by an employee or other “agent” of the business. The vehicle could transport equipment or goods or be an employee’s assigned company car. Understandably, prospective clients come to us to find out, “What should I do if I was hit by a company vehicle?” If you suffered injuries due to another driver’s negligence, don’t hesitate to contact the Beliz Law Firm. We can help you determine the best course of legal action when a negligent driver in a company vehicle causes an accident. Injured by a Company Vehicle? Understand Your Rights and Maximize Your Claim – Reach Out to Beliz Law Firm for a Free Consultation! What To Do Immediately Following an Accident with a Company Car The steps you take immediately following an accident can impact your injury claim later. Here are some helpful things to remember following an accident with a company-owned vehicle in California. Contact the Police It’s crucial to contact the police following an accident with injuries, especially when a company vehicle is involved. In a traffic collision report, it usually states the driver’s name and the owner’s name. An officer may determine that the vehicle being driven was a company vehicle. In addition, the report will state the insurance information like company and policy number. This insurance information may also lead to the finding of the vehicle and/or the insurance being with a company. Exchange Contact Information Be sure to exchange all information with the other driver. Exchanging information will get you details on insurance and the owner of the vehicle. The insurance information will lead to the value of the policy limits. If the other driver was in the course and scope of employment and driving under their employer’s insurance plan, the policy limits may be higher. Most company insurance is higher than the average personal auto insurance limits. Further, remember to gather information on independent witnesses. Witnesses are essential in these collisions because the insurance adjuster will strongly argue that the company representative was not at fault. Take Scene Photos If you can do so safely and not further injure yourself, take photos of the damage and surrounding scene. You don’t need a professional camera; cell phone images are fine. Try to get pictures of all vehicle damage, debris on the ground, skid marks, or any element of the scene that might be important to your claim. Most importantly take photos of the other vehicles. There may be a decal that shows it was a company vehicle. Don’t forget other factors like weather conditions, road hazards, a broken or blocked traffic sign, or any other relevant detail. Seek Medical Treatment Right Away If you do not require emergency medical transport from the scene, you still need to seek medical treatment right away. Even if you do not think you are severely injured, it’s crucial to get checked out. You could have internal injuries or soft tissue injuries that are not visible. If you delay treatment, the defendant’s representatives will likely use that fact to say that you weren’t that injured. Or they might suggest that another intervening event—that happened after the crash but before seeking treatment—caused your injuries. Contact an Attorney The other driver’s insurance will try to dissuade you, but it’s best to hire a lawyer right away. The sooner you have legal representation, the more your rights are protected. Having a legal advocate from the start will allow your attorney to do your talking for you, thereby keeping you from saying something that could harm your case. Examples of Accidents Involving Company Vehicles in California 1. Delivery Driver Runs a Red LightA delivery driver for a major shipping company runs a red light while making a scheduled delivery, striking your vehicle. If the driver was on duty, the employer is likely liable under vicarious liability. 2. Rideshare Vehicle Causes an AccidentA rideshare driver carrying passengers rear-ends you while working. The rideshare company’s commercial insurance policy may apply if the driver was actively engaged in transporting or picking up a passenger. 3. Company Car Used for Work ErrandsAn employee driving a company car to a client meeting sideswipes your vehicle. Since the driver was performing work duties, their employer’s insurance is typically responsible for damages. 4. Commercial Vehicle Overloaded with CargoA commercial truck overloaded with cargo causes a crash because the weight made the vehicle harder to control. Both the trucking company and the driver may be held liable for negligence. 5. Personal Use During Work HoursAn employee runs a personal errand in a company car during work hours and causes an accident. In this case, liability may depend on whether the errand was a minor deviation from work duties or a complete departure. Determining Liability if a Company Car Hits You in California California follows the rule of pure comparative negligence. This means that you can still collect compensation if you share fault for the accident. However, your award or settlement will be reduced by your percentage of fault. So someone who is 20% liable would not receive more than 80% of their total damages. Claims involving company vehicles differ from other common accidents in several ways. Company vehicles can be commercial vehicles, but it doesn’t only mean 18-wheeler trucks. It could be a delivery van, shuttle, courier, etc. The driver could also drive a company car because they do outside sales, conduct inspections, attend meetings, and more. If the other driver was acting within the course and scope of their employment at the time of the crash, the company would likely be responsible for the driver’s actions. Company vehicles typically have commercial insurance policies with higher limits than a personal auto insurance policy. That could be important if you sustained severe...
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