Many motorists drive too close to commercial trucks because they forget that a commercial truck takes 20 to 40% farther to come to a stop than a passenger vehicle. They believe that truck drivers can stop just as easily as other motorists. There are several other myths you might believe that could affect your truck accident case.
Myth 1: Settling with a Commercial Insurance Provider Is Easy
While commercial truck insurance providers do have higher caps, they will actually fight higher to limit their liability because so much money is on the line. Therefore, it's essential that you work closely with a commercial vehicle accident attorney.
Myth 2: The Insurance Provider Will Always Cover the Driver
While some commercial insurance providers cover drivers under a "permissive use" policy, other policies require that the policyholder name each driver who will operate the vehicle. If the driver is not covered, then you may be unable to seek compensation from the commercial insurance provider. In this case, you may need to sue the driver directly or sue the employer under "vicarious liability." A lawyer will help you determine the best course of action.
Myth 3: The Truck Driver Must Take a Mandatory Drug Test
If the commercial truck driver is abusing substances and you have a way to prove this, the presence of substances in the commercial truck driver's body may leave his employer liable and may also sway the courts in your favor. After the accident, you will want to:
- Remain at the scene of the accident
- Call the police
- Wait for the police to arrive
If the police officer suspects that the driver is under the influence, then they may charge the driver with a crime. If the driver is not an independent contractor, the employer may be held responsible for negligent hiring.
Myth 4: Truck Drivers Are All Very Experienced
Truck drivers are much less likely to suffer a serious injury due to an accident because the truck offers a greater level of protection. Some truck drivers are new to the profession. While they must work hard to obtain a commercial driver's license, the best commercial truck drivers only reach this level through years of experience and additional training. But any driver can be in an accident. If the driver was at fault, you are entitled to the compensation you deserve from a commercial truck accident.
To learn more, contact a commercial vehicle accident attorney like those at Snyder & Wenner, P.C.
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