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I Was Hurt Driving a Commercial Vehicle: Who’s at Fault?

In Car Accident Attorney, Personal Injury by The InsidersLeave a Comment

Getting into a car accident at work can be nerve-wracking, but luckily your personal injuries can typically be covered by worker’s compensation as long as you were officially “within the scope of your employment” — AKA working on-the-job at the time.

As for personal property damage or damages to someone else that happen as a result of commercial truck accidents, those situations present a more complex issue. You can learn more about what is and is not likely covered based on the situation by considering the information below.

Getting Hurt in Commercial Truck Accidents While Driving a Company Car

With very few exceptions, driving a company car while working, performing work duties, or commuting to or from work means that almost all damages will be covered in the event of an accident. As long as you were not committing a crime or egregiously violating workplace policies, your own injuries are covered as well as any damages to the company vehicle.

Injuries and damages you cause to third parties — other people involved in the accident — are usually covered by a commercial liability policy. If the third party sues you directly instead of your employer, the commercial liability policy likely handles the case for you, indemnifying you against damages. Your own injuries are covered by worker’s compensation.

If you were injured by an at-fault third party, you can sometimes claim both workers compensation and a settlement from the other party’s liability insurance. Unlike workers compensation, which only covers a portion of lost wages and does not cover general damages like pain and suffering, a third-party claim lets you seek compensation for all of your lost wages as well as your pain and suffering.

Many workers compensation companies require you to pay them back if you receive a settlement related to something you already claimed, but you can keep the difference between the two as well as the original worker’s comp payout.

Getting Hurt While Driving Your Own Truck or Car

Coverage is a bit different for employees using their own vehicle for work purposes. The workers’ compensation coverage available can differ based on whether employers consider employee errands or deliveries in their own vehicle contract work. Many food delivery jobs require employees to assume risk when driving their own car, for instance, while a desk job that requires occasional travel might consider the risks covered under worker’s compensation. Even if workers compensation is available, it only covers personal injuries, not damage to your personal vehicle.

You can review your working arrangement with your employer alongside an experienced workers compensation lawyer to see what coverage would be available for your personal injuries following an on-the-job accident in your own car.

As for damages and liability to third parties, you are likely on your own if you have gotten in an accident while driving your personal vehicle. Your car insurance policy may not cover on-the-job situations unless you have purchased a rider for commercial activities, and commercial liability policies only cover third-party liability if they explicitly state it.

Once again, a Chattanooga truck accident lawyer can help you make sense of your case while helping you strategically claim as much as you can through insurance. If you have been injured driving while on-the-job, contact the McMahan Law Firm today using the phone numbers displayed above or our simple contact form to the right to get a free case evaluation and potentially start filing your claim today.

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