Have You or A Loved One Been Injured In A Commercial Vehicle Accident or By a Company-Owned Vehicle and Need an Atlanta Lawyer?

If you or a loved one have been injured in a Georgia auto accident by the driver of a commercial vehicle or delivery van, seeking rightful compensation can feel overwhelming. You may find youself facing a large and well funded corporation and may be wondering whether you will have a level playing field when it comes to receiving Justice.

The Millar Law Firm has been helping clients recover from commercial vehicle insurers and the businesses who own and operate company-owned vehicles and delivery vans for over thirty years. We can level the playing field for you.

Georgia commercial vehicle accidents may often be more complex than a typical car accident. You may have a claim not only against the at-fault driver but also the business that owns and operates the truck or van. Depending on the insurance company or business involved, you may even need to file a lawsuit to protect your rights. Our commercial vehicle accident attorneys can help.

Key Points: 

• A commercial vehicle does not always need to be a large tractor trailer or construction truck. A van or delivery truck or even a pickup may be considered “commercial” when it is titled or registered to a company and/or used for business purposes. 
• Georgia law requires that all vehicles have insurance coverage. Commercial vehicles generally have a greater amount of insurnace coverage than private automobiles.  
• If a business fails to have commercial vehicle insurance policy, or the policy is small or insufficient to cover the damages, in some cases an injured person can bring a claim or lawsuit against the business to recover the remaining amount. 

Table of Content

When is a Truck or Van Considered a Commercial Vehicle? 

You might be wondering what makes a truck or van “commercial.” A van, pickup or box truck is considered commercial when it’s titled or registered to a company or used for business purposes. Often, a commercial van is used to transport goods or paying passengers, or it may be used to haul merchandise or construction supplies.

For example, cargo vans, are often similar to passenger vans, as the cab and cargo area are connected. But, cargo vans may have oversize side or read doors, making it easier to load and unload heavy items, materials or multiple packages. Both large and small businesses such as plumbers, movers, florists, electricians, landscapers, and package delivery companies (think Amazon or FedEx) operate vans and box trucks.

When you have been injured by one of these vehicles, it is critically important to know what regulations may apply to your claim or case.

Under the rules of the Federal Motor Carrier Safety Administration (FMCSA), a commercial vehicle is one that operates on a highway in interstate commerce and transports or moves goods and/or provides services. For example, a vehicle might weigh over 10,001 lbs., be designed to transport nine or more people, or carry hazardous materials. If the truck or van that caused your crash fits this definition, it might be subject to federal regulations.

However, when a van, pickup or delivery truck is only used within Georgia (we call this “intrastate commerce”) and does not transport hazardous materials, federal regulations might not apply. Nonetheless, Georgia law requires commercial vehicle registration and licensing for any vehicle over 10,001 lbs., and which is designed to transport 16 or more passengers, or if it is used to transport hazardous materials.

License Requirements for Drivers and Operators of Commercial Vehicles and Vans in Georgia 

In Atlanta and across the State of Georgia, the driver’s license needed to operate a commercial vehicle or van depends on the vehicle itself.

To obtain a CDL, a driver must pass a skills test, have a driving history that meets certain safety standards, and must undergo and pass a medical screening. A CDL holder is held to a higher standard when driving on public roads. Serious traffic violations or negligence can jeopardize a driver’s CDL certification, and companies who hire CDL drivers must qualify and train their drivers or risk being subject to additional civil liability for the careless or negligent failure to maintain safe operations. If a driver commercial vehicles without qualified drivers and causes an accident, the company could be held liable and face penalties under federal or state law.

Are Businesses Liable for Accidents Caused by Employees? 

Generally, yes – if the driver is working within the scope of his or her employment when the accident happens. In some businesses, the owner is the only one who drives the van. But in other businesses, the company owns one or more vans, and its employees operate them on the roads. Under the legal theory of “vicarious liability,” the employer can be held liable when an employee’s negligence causes another person to be injured. This rule applies whether the injured party is another driver, a pedestrian, or a passenger in the van being operated by the employee. In certain situations, the employee may also be liable. 

Whether the business can be held liable for the actions of its employee while driving is not always straightforward. Generally, any time someone is performing any duties related to work, the person is considered “on the job”—even if they are also doing personal business or driving a personal car. 

If the driver who caused the accident was working as an independent contractor at the time, the company that hired them may not be legally responsible (as an employer would be). To determine whether the company can be held responsible, the court would consider factors such as whether the vehicle was registered and licensed in the company’s name, whether the contractor had their own insurance coverage, and what type of control the company had over the contractor’s work and schedule. 

Ways a Georgia Business Can Be Directly Responsible for a Van Accident 

Employee negligence is not the only way a business can be held liable for a commercial van accident. The company may be directly responsible for causing the accident because of improper maintenance of the van (e.g., faulty brakes or worn-out tires), insecure cargo, or the hiring and retention of unqualified/unsafe drivers. 

If the vehicle fits the FMCSA definition of a commercial vehicle, regulations require that drivers follow mandatory rest periods and companies keep logs documenting drivers’ hours. Drivers must also pass medical screenings and have CDL certification. Violations of federal or state laws governing commercial vehicles can help prove that a company acted negligently in a civil case. 

In many Georgia commercial vehicle and delivery van accident cases, the victim may be able to sue the company directly. If the company itself was negligent—not just vicariously liable—it is responsible for the damages it caused even if the costs are beyond the scope of its vehicle insurance policy. 

How Auto Insurance Coverage Works in Commercial Van Accidents 

Georgia requires that all vehicles have a certain amount of liability insurance coverage to operate on public roads. But if you operate a van that is legally classified as a commercial vehicle, you will need to have a far greater amount of coverage than is required under a regular auto insurance policy. 

Under FMCSA regulations, a liability insurance policy covering a commercial vehicle carrying freight must provide $750,000 to $5,000,000 in coverage depending on the type of commodities transported. Commercial vehicles designed to transport 16 or more passengers must carry $5,000,000 in coverage; those transporting 15 or fewer passengers must carry $1,500,000. The FMCSA also requires $5,000 per vehicle and $10,000 per occurrence in cargo insurance. 

If your van is considered a commercial vehicle under Georgia law, you are required to carry liability insurance with at least $100,000 per person and $300,000 per accident. If your vehicle carries more than 12 passengers, the minimum requirements are $100,000 per person and $500,000 per accident. Georgia law also requires $25,000 per vehicle and $50,000 per accident in cargo insurance coverage. 

If your van doesn’t meet either the federal or state criteria for a commercial vehicle, you’re not legally required to have more than the minimum amount of auto insurance coverage, which is $25,000 per person and $50,000 per accident in bodily injury liability and $25,000 per accident in property damage liability. 

To save money on premiums, some small businesses choose to forego commercial vehicle insurance and only insure their cargo vans with personal auto insurance. However, insurance companies consider any van a commercial vehicle if it’s used for business purposes, and a personal auto policy wouldn’t fully cover the costs of an accident in most situations. 

The reason is simple: accidents involving commercial vehicles are more complex and can be much more expensive than a typical car accident. In a car accident case, the at-fault driver’s policy must cover bodily injury and property damage liability, but in a collision involving a larger vehicle carrying cargo, those costs are often much higher. 

In addition, a business owner must have coverage for medical expenses for the driver and passengers (regardless of who is at fault), worker’s compensation, employer’s liability, employment practices liability, business interruption, and commercial property damage to be fully protected. A business should also be covered for things that can happen outside of vehicle collisions, such as lost or damaged cargo, loading accidents, or damages from vandalism, theft, or fire.