Personal injury Library

How Does Being Hit by a Company Car Impact My Settlement?

hit by a company vehicle settlement

Did you suffer severe injuries in a car accident involving another driver in a company vehicle? If so, you might wonder if this type of claim differs from a typical car accident claim.

If you’re hit by a company vehicle, settlement factors primarily involve liability, damages, available coverage, and the severity of your injuries. The fact that the at-fault driver was in a company vehicle might impact who ultimately pays for your claim. 

Pursuing a claim for damages can be complicated in any car accident, but this is especially true when the accident involves a commercial vehicle. You don’t have to go through the legal process alone after being hit by a company vehicle.

Settlement discussions are far more likely to end in your favor if you have an experienced lawyer advocating for you. Please contact Grossman Law Offices to speak with a member of our legal team. 

RECENT RECOVERY: $1,450,000.00 Our firm was hired by a delivery driver who was involved in a head-on collision, causing him to suffer a closed that resulted in the permanent loss of smell. Read More

Understanding the Impact of Liability in Company Car Accidents

When you’re involved in a car accident with someone driving a company vehicle, the question of liability often becomes complex. Determining who is at fault is a critical first step in understanding how liability impacts your potential settlement. 

Vicarious Liability

In Texas, employers can be liable for their employees’ actions if the employee is operating within the “course and scope” of their employment during the incident. This legal concept is known as vicarious liability. If the driver was off-duty or engaging in personal errands, vicarious liability likely will not apply. 

Vicarious liability is a complex scenario that varies on a case-by-case basis. For example, an employer might be liable for an employee who doesn’t usually drive a company vehicle but was directed to run a company errand for their boss. 

Comparative Negligence

Another aspect of liability that can impact your settlement involves the degree of liability. Texas has a modified comparative negligence standard. This means that you can collect some of your damages even if you’re partially responsible for the accident. However, your percentage of fault cannot exceed that of the other driver, or the law will bar you from recovery. Therefore, if you’re 20% at fault, you could receive 80% of your damages. However, if you’re 51% at fault, you will not qualify for compensation. 

How do you know what percentage of fault you are liable for? Consulting a seasoned attorney will help you assess that value. Your attorney will also work to persuade the court that your level of responsibility is less than 50%—thereby maintaining your ability to obtain compensation for your losses. 

Insurance Coverage: A Key Factor in Company Vehicle Accidents

Insurance coverage plays a central role in settlements involving company vehicles. Typically, businesses have more extensive insurance policies than individual drivers. 

This can be advantageous if your injuries are serious and costly because the coverage a private person carries is likely not enough to pay for exorbitant medical bills. If a company’s insurance must pay, their higher coverage amounts will likely cover much more of your losses. However, dealing with commercial insurance companies can be challenging. They often have large legal teams and will work tirelessly to minimize your claim value and any potential payouts. 

Injury Severity and Long-Term Implications

The severity of your injuries is a major determining factor in your settlement. Severe injuries often result in a higher case value due to increased medical costs, longer recovery periods, and a more profound impact on your life. Chronic or permanent disabilities from the accident can significantly raise the settlement value. It’s important to gather and preserve all evidence supporting your injury because you need solid proof of its overall negative impact on your life. 

The Role of Damages and Their Valuation in Car Accidents 

The term “damages” refers to the financial losses and compensation you’re entitled to. Damages are related to injury severity because the more severe your injuries are, the higher your damages likely are. 

You can categorize damages into two main types—economic and non-economic. Economic damages are quantifiable costs like medical bills, lost wages, and property damage. Non-economic damages are more challenging to quantify and include pain and suffering, emotional distress, and loss of enjoyment of life.

The valuation of these damages significantly affects the settlement amount. Accurate documentation of all expenses and impacts on your life is crucial. 

Contact a Texas Car Accident Lawyer at Grossman Law Offices 

Understanding the nuances of liability, accurately assessing your damages, navigating insurance coverage, and comprehensively evaluating your injuries are all crucial steps in securing a fair settlement. Being hit by a company car introduces unique considerations to your potential case value, which is why we highly recommend retaining a lawyer. 

At Grossman Law Offices, we have over three decades of experience assisting injured victims of Texas car accidents. We know what it takes to build a solid case and how to argue vicarious liability matters. Don’t leave your potential settlement to chance. Contact our skilled legal team to set up a free, no-obligation consultation. 

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