car hit a company driver and their lawyer is saying body harm when there was none

Was the other driver not paying attention when he hit my Car?

A drivers actions, such as their speed and attentiveness, are usually things taken into consideration when an accident occurs. However, if they were in a vehicle owned by a business, and entrusted to operate that vehicle safely, then the business may also be negligent. It is often difficult to prove and may take a lot of investigative work, but if you were injured in an accident …

What happens if you get hit by a company car?

Contact a Company Vehicle Accident Lawyer. If you were injured in a commercial vehicle crash, call a Company Vehicle Accident Attorney at 800-359-5690 or fill out a commercial vehicle accident contact form. The Carlson Law Firm has been representing victims of company vehicle crashes for more than 40 years.

Who is liable for injuries caused by a driver?

Aug 18, 2014 · To determine whether the employer of someone whose car hit you is liable for the damages caused by their employee it is important to seek the advice of an experience attorney. Seek Help From An ...

Do I need a lawyer for a commercial vehicle accident?

Dec 15, 2021 · If you've been hit by a driver of a company car and want to be fully compensated for the damages, you may have to sue both the employer and employee. There are many factors to consider, but the best way to handle the situation is to discuss your situation with an experienced car accident attorney today.

Can you contest a car insurance claim?

Do I have to report a car accident if there is no damage?

What has an accident but no damage?

What is the difference between hit and run and leaving the scene of an accident?

Do I need to tell my insurance company if someone hits me?

What do you do when someone hits your car?

What happens if you hit a car and drove off?

How long do I have to report an accident to the police?

Who pays for recovery after accident?

Is driving away from an accident a criminal Offence?

What are the circumstances that a driver can flee the accident scene?

Why do people leave hit and run?

Is an accident with a commercial vehicle just another car accident?

An accident with a commercial vehicle is not just another car accident. Company vehicles may be driven by professional drivers and are insured by commercial policies.

What is a commercial vehicle accident attorney?

A commercial vehicle accident attorney can help you determine your legal options. An accident with a commercial vehicle is not just another car accident. Company vehicles may be driven by professional drivers and are insured by commercial policies. Once a crash occurs, representatives from the company and the insurance carrier usually begin ...

How to report a truck accident?

There are steps you should take to protect your legal rights if you are hit by a company car or truck: 1 Your Health Comes First: Seek appropriate medical attention for your injuries. Always call 9-1-1 after an accident, they will make sure you receive proper medical attention and will file incident reports. 2 Document the Scene: If you’re able to, document the scene of the crash. Take photographs of everything you see, no detail is too small. Depending on the severity of the crash, companies may send someone out to the scene to start cleaning up the mess, in an attempt to hide evidence. If you’re unable to document the scene yourself, contact an attorney. An attorney will dispatch an investigator to the scene immediately. 3 Do Not Talk to Anyone: You may also be contacted by the company’s claims adjuster, who began to protect the trucking company’s interests right after your accident. The designated investigator collects evidence to defend or minimize the claim. 4 Contact a Commercial Vehicle Accident Attorney: A commercial adjuster may attempt to steer you away from hiring a Commercial Vehicle Accident Attorney because they know that if you have an attorney, you are more likely to receive a larger settlement. An attorney will protect your rights and will ensure that you receive proper compensation for your injuries and losses.

What is a commercial vehicle?

A commercial or company vehicle is a car, van, truck, or bus that is owned and operated by a company to be used by employees or agents of that company. Company vehicles are used by employees to carry out their jobs, to carry work equipment, haul goods or transport passengers, but may also be used for work-related employee transportation.

What is the number to call for a commercial vehicle accident?

If you were injured in a commercial vehicle crash, call a Company Vehicle Accident Attorney at 800-359-5690 or fill out a commercial vehicle accident contact form. The Carlson Law Firm has been representing victims of company vehicle crashes for more than 40 years.

Is a truck accident complicated?

Truck accidents are inherently complicated as there are multiple lines of insurance coverage. For example, the truck and the trailer are often owned by two separate corporations and therefore, are typically insured by different insurance carriers. Because of this, we are able to hold responsible and pursue both parties for their part in the negligence that caused your injuries.

Is a truck accident a line of insurance?

We identify all lines of insurance coverage. Truck accidents are inherently complicated as there are multiple lines of insurance coverage. For example, the truck and the trailer are often owned by two separate corporations and therefore, are typically insured by different insurance carriers.

What to do if you get hit by a company car?

Or if you've been hit by a driver of a company car and want to be fully compensated for the damages, you may have to sue both the employer and employee to be made whole again.

What is vicarious liability?

Under vicarious liability, employers are liable for the negligent actions or non-actions of their employers while working in the scope of their employment.

Can an employer be legally required to pay for a non-work sanctioned activity?

The employee is acting in his or her own personal capacity and not at the instruction of their employer. Here again, the employer may not be legally required to pay for any damages or injuries the employee causes as a result of a non-work sanctioned activity or a frolic.

What is the law in a car accident?

In a car accident lawsuit, if you're the plaintiff, you need to be able to establish all of the following: The law required the defendant to be reasonably careful. The law requires drivers to use reasonable caution in all facets of vehicle operation, so this one is a given. The defendant was not careful.

What are the rights of a car accident victim?

Car accident victims are entitled to compensation for injuries, lost wages or earning capacity, pain and suffering, and vehicle damage. If there aren't any provable losses, the plaintiff can't recover anything.

What happens if a driver is not careful?

If a driver is not reasonably careful, and someone is harmed as a result, the driver (and the driver's car insurance carrier) can be financially liable for that person's injuries and other losses ( damages ). Learn more about the basics of negligence in an injury case.

How to determine if a driver is sufficiently careful?

In determining whether a driver was sufficiently careful, the law compares the driver's conduct with the conduct expected of a "reasonable person.". If the defendant's behavior falls short of how a reasonable person would have acted under the same circumstances, the defendant has violated the duty of reasonable care.

What are some examples of reasonable drivers?

Examples of conduct expected of a reasonable driver include: stopping at a red light. watching for crossing pedestrians, and.

What are some examples of conduct expected of a reasonable driver?

Examples of conduct expected of a reasonable driver include: stopping at a red light. watching for crossing pedestrians, and. following the vehicle in front at a safe distance. The defendant's conduct caused your injuries.

Can a plaintiff recover from a provable loss?

If there aren't any provable losses, the plaintiff can't recover anything. For example, if Paula in the above example doesn't suffer any physical injury, doesn't miss any work time because of the accident, and her car sustains no damage, she cannot recover compensation from Dan.

What happens if you have car insurance and the other driver is making a claim against that coverage?

If you have car insurance, and the other driver is making a claim against that coverage, then the adjuster handling your case will take charge of the matter, and will investigate all aspects of the car accident, including any indication that the other is making a fraudulent claim for car accident injuries.

What to do if you are uninsured and the other driver files a personal injury lawsuit against you?

If you're uninsured, and the other driver files a personal injury lawsuit against you, then you have some detective work to do if you think the person is faking their injuries. Besides building a case through witnesses, pictures, and the police report, you can turn to the internet.

Can you make a fraudulent claim after a car accident?

It's a fact that some people make fraudulent injury claims after car accidents. If you were in a crash and you suspect that the other driver's claim is baseless (or that they're downright faking an injury), the extent to which you need to concern yourself with this possibility hinges largely on whether or not you have adequate car insurance ...

What happens if you have car insurance?

If you have car insurance, and the other driver is making a claim against that coverage, then the adjuster handling your case will take charge of the matter, and will investigate all aspects of the car accident, including any indication that the other is making a fraudulent claim for car accident injuries.

What to do if you don't have insurance?

If you're in a car accident and you don't have car insurance, you (and/or your lawyer) must take the lead in investigating and defending against a possible fraudulent injury claim. You can start by writing down everything you can remember about what happened at the car accident scene, including:

What happens if you take pictures at a car accident scene?

If you took pictures at the car accident scene, got the names of witnesses, and had a law enforcement officer come to the scene so that a police report could be prepared , all of that evidence will be essential to fighting a fraudulent car accident injury claim.

Can an investigator take a video?

An investigator is free to take photographs/ video as long as they are on public property and the subject is on public property, when the pictures/videos are taken. Ultimately, if the other driver is suing you, and you and your lawyer are convinced that the claim is fraudulent, your best course of action may be to let the lawsuit process play out ...

What to do when the other driver's insurance company tells you the accident was your fault?

When the other driver’s insurance company is telling you that the accident was your fault, you should ask them to explain to you how the accident could have unfolded in the manner that the other driver is claiming.

Should you report an accident to your insurance company?

Often times, there will be inconsistencies or red flags that make it apparent that the other driver is being less than forthcoming. You should always report accidents to your own insurance company because this will provide a record that you don’t have anything to hide and that you are comfortable reporting the accident.

What happens when you are involved in a car collision?

When you are involved a vehicle collision, there can be many different scenarios and perceptions regarding whom is at-fault. Sometimes you may think you were at fault, but other times the other driver involved may have been at fault. It gets a little more complicated when you are hit by another driver, but the other driver then says it’s your fault.

Why is my insurance claim denied?

Your Claim is Denied. Sometimes your claim will be denied even when you have evidence of the other driver’s fault in the accident or even if they admitted fault at the scene of the accident. Usually when this happens, it’s because the other driver told his/her insurance company a version of the events regarding the accident ...

Do you have to report a car accident?

You May Still Need to Report It. If you were in a car accident with no damage, you may be thinking that you're better off just not reporting it to your insurance company. After all, you don't want your rates hiked if you're not filing a claim. But that could be a mistake, especially when you consider that most automobile insurance policies require ...

Is it possible to have a minor accident with no damage?

This is rare in minor accidents with no apparent damage, but still possible. Given these and other possible types of unseen damage your vehicle may sustain in an accident, it makes sense to exchange information with the other motorist as a precaution. It's also smart practice to take photos and notes about the incident;

What happens if you drive off without insurance?

So if you simply get back in your car and drive off without getting the other driver's insurance policy number and contact information, you have effectively forfeited your ability to file a claim should vehicle damage (or bodily injuries) from the accident appear at a later time. So what types of damage may go unnoticed right after ...

What happens if you don't think there's any damage but the check engine light is on?

Alignment -- Car bumpers are designed to absorb the shock of a collision. But even in the absence of visible damage, the vehicle could still be knocked out of alignment.

What to do if you have no damage to your car?

If you were in a car accident and believe there was no damage, you'll still want to take notes and exchange information with the other driver. If you do discover an injury or vehicle damage later, you'll be prepared. The car insurance claims process is usually quite straightforward; but sometimes you'll want legal counsel.

Can you get back in your car without your insurance?

This is also true with respect to injuries, as some soft-tissue injuries (whiplash, etc.) may take a while to show symptoms. So if you simply get back in your car and drive off without getting the other driver's insurance policy number and contact information, you have effectively forfeited your ability to file a claim should vehicle damage ...

What happens if you get into a traffic accident and the other driver's car insurance company denies that it

If you get into a traffic accident and the other driver's car insurance company denies that its insured was at fault for the accident, you can try to use the location of the damage to each vehicle to prove that the other driver was in fact liable.

What to do if you get into a car accident and your insurance company denies you?

If you get into a traffic accident and the other driver's car insurance company denies that its insured was at fault for the accident, you can try to use the location of the damage to each vehicle to prove that the other driver was in fact liable . Perhaps the type of car accident in which it is most often necessary to use vehicle damage ...

What to do after a car accident?

The three things that you absolutely must do after a car accident -- especially when it appears that the location of vehicle damage is going to be important -- are: 1 get the names of witnesses 2 take pictures before leaving the scene, and 3 call the police.

What type of car accident is most often necessary to prove liability?

Perhaps the type of car accident in which it is most often necessary to use vehicle damage to prove liability is a right-angle collision (often known as a "T-bone" or broadside crash). Right-angle collisions can occur at stop signs or traffic lights, when someone is pulling out of a driveway, and when someone makes a left turn across oncoming ...

When do right angle collisions occur?

Right-angle collisions can occur at stop signs or traffic lights, when someone is pulling out of a driveway, and when someone makes a left turn across oncoming traffic. Let's look at a couple of examples of how the nature, location, and extent of vehicle damage can help prove fault for a car accident, and how to best preserve this kind of evidence.

What does it mean when a driver hits you on the passenger side?

One indicator is when the other driver hits you on your passenger side, leaving extensive damage to that area of your vehicle. Since the damage isn't to your front right fender, but is to the middle of your car, that presents fairly solid evidence that the other driver simply wasn't paying attention when he or she entered the roadway.

What does it mean when you swerve to the right?

Most drivers in your situation will try to swerve to the right to avoid the driver cutting in front of them. So, if the damage is to your left front corner or left front side, that can indicate that you tried to avoid the accident by swerving. If the damage to the other car is to the right front corner, that is evidence ...

When is a company responsible for a driver's conduct?

When is a Company Liable for a Driver's Conduct? "Respondeat superior" (a Latin phrase meaning "let the superior answer" is the primary theory of liability that can hold a company responsible for a traffic accident caused by a truck driver employee. The employer can be liable for wrongful acts committed by an employee or agent provided ...

Can a plaintiff sue the driver?

The plaintiff can sue the driver (or the driver's employer) as well as the manufacturer. If it's unclear just how much fault each party bears, the manufacturer could be required to pay its own share plus whatever amount the driver can't pay if he or she doesn't have sufficient insurance to cover the plaintiff's losses.

What do courts look for in an accident?

Courts tend to look at: the intent of the employee at the time of the accident. the nature, time, and place of the employee's conduct. incidental acts the employer should reasonably expect the employee to do. amount of freedom allowed to the employee in performing his or her duties, and.

Can a tired driver be responsible for a tire accident?

For example, a tired driver may share partial responsibility for an accident, along with the manufacturer of faulty tires.

Is an employer liable for assault?

Generally, an employer is not liable for the intentional torts (i.e., assault, battery, kidnapping) committed by its employee. The rationale is that the purpose of the "respondeat" principle is not being met when the employee's acts are not related to the business enterprise. For example, if a truck driver slams into another vehicle because ...

Is an employer liable for assault, battery, kidnapping?

Generally, an employer is not liable for the intentional torts (i.e., assault, battery, kidnapping) committed by its employee. The rationale is that the purpose of the "respondeat" principle is not being met when the employee's acts are not related to the business enterprise.

What happens if a truck driver slams into another truck?

For example, if a truck driver slams into another vehicle because the driver of the other vehicle was sleeping with the truck driver's spouse, the company will probably not be liable.

Overview

• Negligence is a legal theory often used in car accident cases. A driver must use care to avoid injuring other motorists, passengers, or pedestrians -- basically, anyone that he or she encounters on the road. If a driver is not reasonably careful and injures someone as a result, the driver is liable for injuring the accident victim.

See more on nolo.com

List

Significance

Issue

Example

Facts

Scope

Causes

Prevention

Safety

Impact