If you are a commercial vehicle driver and you find yourself in an accident caused by another motorist, you may find yourself in one of those situations where workers' compensation and the motor vehicle code intersect. You might believe that your only right to compensation will be through your employer's workers' compensation insurance. However, the other driver will be considered at fault for the accident and you might be entitled to compensation from their insurance provider as well.
The Advantages of a Commercial Vehicle Wreck Claim
By filing a claim, you will be able to receive compensation for non-economic damages. With workers' compensation insurance, you will only be entitled to compensation for medical expenses and lost wages. However, with a personal injury claim, you are also entitled to compensation for pain and suffering.
The advantage of filing a workers' compensation claim is that you do not have to prove fault. In contrast, you will need to hire a commercial vehicle wreck attorney to help you gather the evidence needed to prove that the other driver was at fault for your accident. The tradeoff is that you will typically be awarded much greater damages if you manage to reach a settlement with the other driver.
An experienced commercial vehicle wreck attorney will gather the facts of the case by interviewing witnesses who may have observed the accident, hiring an expert witness, and using legal tools such as interrogatories. With this information, your attorney will craft a case for why you are entitled to compensation.
Your Rights to Compensation as a Commercial Truck Driver
With your personal auto insurance provider, you may have elected for a limited tort status. However, you will be considered a full tort for the purposes of a third-party body injury claim because being the operator of a business vehicle is an exception. However, navigating a commercial vehicle case can be very complex and you will not want to do so without a commercial vehicle wreck attorney.
One complication is when you are involved in an accident and another employee from your company is involved. For example, you may have had an accident involving another employee at your workplace. In this situation, you may not be able to file a commercial vehicle wreck claim and may only be entitled to file a workers' compensation claim. However, it's always important to speak with a commercial vehicle wreck attorney to learn about your options.
