Getting injured in an accident involving a company vehicle can turn your life upside down in an instant. From mounting medical bills to the frustration of dealing with insurance companies, the physical, emotional, and financial toll can feel overwhelming.
In California, when an employed driver is responsible for a commercial vehicle accident, the company is often held liable for the harm caused. For victims, this presents a vital opportunity to seek the compensation they deserve. Knowing how to navigate the accident settlement process can be the difference between a fair recovery and getting shortchanged by the insurance company.
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What Is a Hit by a Company Vehicle Settlement?
This is the commercial vehicle accident settlement that refers to the financial agreement between the victim of a company vehicle accident and the responsible party’s insurance provider. This is intended to cover the damages caused by the collision, including medical bills, lost wages, property damage, and pain and suffering.
Whether the vehicle involved was a delivery truck, work van, or rideshare car, victims injured by a company car may be entitled to compensation if the driver was at fault. However, recovering the full extent of damages can require negotiation and legal knowledge, which is why victims often seek legal counsel to ensure that they are not taken advantage of by insurance companies looking to settle quickly for a low amount.
Common Injuries Resulting From Company Vehicle Accidents
Accidents involving company vehicles can result in serious injuries. The size and weight of many commercial vehicles, such as Amazon vans or Fedex delivery trucks, make the consequences of a crash potentially devastating. Some of the most common injuries reported in these accidents include:
- Whiplash: A sudden, forceful impact often leads to neck injuries, particularly when rear-ended by a larger vehicle.
- Broken Bones: The sheer force involved in a collision can easily result in fractures or broken bones.
- Head Injuries: Traumatic brain injuries (TBI), including concussions, are common in more severe accidents and can have lasting effects on a victim’s health and quality of life.
- Spinal Cord Injuries: Damage to the spine may lead to long-term disability or paralysis, particularly if the accident involved a large or heavy vehicle.
- Internal Injuries: Internal bleeding or damage to organs may not be immediately visible but can be life-threatening without prompt medical attention.
Victims may experience long-term health complications that require ongoing medical treatment, therapy, or rehabilitation. These medical expenses, combined with the inability to work due to injuries, can create significant financial burdens. This is why a fair settlement is critical in addressing these needs.
Damages Available in a Hit by a Company Vehicle Settlement
A settlement after being hit by a company vehicle typically covers several types of damages. California personal injury law allows victims to recover compensation for both economic and non-economic damages, which may include:
- Medical Expenses: Victims can claim the cost of current and future medical treatment if injured by a company car, including surgery, hospitalization, medication, physical therapy, and follow-up care.
- Lost Wages: If injuries prevent the victim from returning to work, they are entitled to recover the wages they would have earned during that time. In more severe cases, where a person is unable to return to their previous line of work, they may also be compensated for loss of future earning capacity.
- Pain and Suffering: Non-economic damages such as emotional distress, physical pain, and loss of enjoyment of life are compensable. Though these damages are more subjective, they can represent a large portion of a settlement, depending on the severity of the injuries.
- Property Damage: This includes the repair or replacement of the victim’s vehicle if it was damaged or totaled in the crash.
- Punitive Damages: In certain cases, where the company or driver’s behavior was particularly reckless or malicious, the court may award punitive damages to punish the wrongdoer and prevent similar conduct in the future. However, punitive damages are rare and usually require a higher burden of proof.
Proving Fault and Liability in a Commercial Vehicle Accident Claim
In California, personal injury claims following an accident with a company vehicle often revolve around proving negligence. For a successful settlement, the victim must demonstrate that the company driver was negligent.
This usually involves showing that the driver failed to follow traffic laws, was distracted, or was otherwise careless behind the wheel. However, liability doesn’t stop with the driver. Under California’s “vicarious liability” laws, a company is typically responsible for the actions of its employees while they are performing job-related duties.
For example, if a delivery driver ran a red light and hit a pedestrian or another motor vehicle, the company that employs the driver would likely be found responsible for the accident and the resulting damages. This principle also applies to incidents caused by employees driving company cars or trucks while on the clock, making it essential to include the company’s insurance in any settlement discussions.
Factors That Impact Hit By a Company Vehicle Settlement Amounts
Several factors affect the amount of compensation that a victim might receive if injured by a company car. These include:
- Severity of Injuries: The more severe the injuries, the higher the medical expenses and the more significant the claim for pain and suffering.
- Liability: If the company or its employee is clearly at fault, it’s easier to secure a settlement. However, if there is any question of shared liability, the settlement amount may be reduced.
- Insurance Policy Limits: Commercial insurance policies often have higher coverage limits than individual auto policies. This can lead to a larger settlement value, especially when severe injuries are involved.
- Extent of Property Damage: In accidents where a victim’s vehicle is totaled, the settlement should cover the cost of replacing the car. Additionally, personal property inside the vehicle that was damaged may also be included in the claim.
- Long-Term Impact of Injuries: If injuries result in permanent disability or require long-term medical care, this will substantially increase the average settlement amount. Compensation for future medical expenses and loss of earning capacity will be factored into the settlement.
The Process of Obtaining a Settlement After Being Injured by a Company Car
The process of obtaining a hit by a company vehicle settlement after being hurt by a company car typically begins with filing an accident claim with the company’s insurance. The insurance company may offer money early on, but this amount is often much lower than what the victim deserves.
Know that victims are not required to accept the first offer. Negotiations can help ensure that a fair settlement is reached, and victims have the right to pursue legal action if the insurance company refuses to offer adequate compensation.
For victims of serious injuries, working with a legal professional ensures that they are not left to handle commercial vehicle accident claims alone. The right auto accident attorney can help you get a larger settlement.
Maximize Your Accident Settlement. Contact Experienced Car Accident Lawyers at RTM Law Firm. Free Consultation.
If you or a loved one has been injured by a company car, don’t settle for less than you deserve.
RTM Law Firm‘s experienced team of commercial accident and injury lawyers will work tirelessly to help you secure the financial compensation you need. We are committed to helping victims of company vehicle accidents recover from their injuries and regain their financial stability. Contact us today for a free case review. No fees unless we win.
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