Commercial Vehicle Accidents In Ohio & Kentucky
Any vehicle on the road for business purposes is a commercial vehicle, from a company car running errands to a semi truck moving cargo from one side of the country to the other. When commercial vehicles cause an accident that leads to back injuries, brain injuries or other serious injuries, there may be additional complexities that require the attention of an experienced personal injury attorney.
Who Is The Claim Against?
In commercial vehicle accident cases, claims are most likely going to be filed against the negligent driver’s employer. Depending on the situation, the individual driving the company vehicle may also be liable. Other parties may be the target of a claim as well such as the manufacturer of the commercial vehicle if there was an auto defect involved.
For decades, the Ohio commercial vehicle accident lawyers at the law firm of Gregory S. Young Co., LPA, have been maximizing compensation for accident victims. We will take great care to review your case and find out who was responsible, taking action against all negligent parties as appropriate.
- Was the accident caused by a driver who was poorly trained or put behind the wheel despite a record of traffic violations?
- Was it the result of a vehicle that had not been properly maintained or repaired by the company?
- Did the company encourage the driver to spend too many hours behind the wheel, leading to driver fatigue?
Determining Liability
Many commercial vehicles travel Ohio’s busy roads every day. When the driver of a commercial vehicle causes an accident, there may be other potential defendants, such as the driver’s employer. The victim must show that the driver’s employer is responsible for their injuries under the legal theory of respondeat superior, which is a Latin phrase meaning, “let the master answer.”
An employer is liable only if the acts of its employees were unintentional and were committed within the scope of employment. It must first be shown that the employer exercised sufficient control over the employee to establish an employment relationship. If the employee was an independent contractor for a large company, it can be more difficult to establish liability.
Next, it must be shown that the acts of the driver were unintentional. Personal injury cases are based on negligence; therefore, the injured party must show that the defendant’s failure to exercise reasonable care, and not the defendant’s intentional acts, caused their injuries. Finally, the driver must have caused the accident while performing duties within the scope of their employment.
Whether an act was within the scope of employment is generally determined on a case-by-case basis, however, common factors taken into consideration include: whether the employee was on the clock, whether the employee’s actions were authorized by the employer, whether the employee was advancing their own interest or the interest of their employer by performing the act, and whether the employee’s actions could be reasonably expected given their duties.
If an employee is acting within the scope of their employment when they negligently cause a crash, their employer may be responsible for the victims’ injuries resulting from the car accident.
Types Of Commercial Vehicle Accidents
We handle commercial vehicle accidents for people in Ohio and northern Kentucky. Cases may involve the following types of commercial vehicles:
- Company car accidents
- Delivery van accidents
- UPS, FedEx and delivery truck accidents
- Semi-truck accidents
Contact Our Firm For A Free Consultation
If you or a member of your family was involved in a commercial vehicle crash and you would like an evaluation of your claim, we invite you to call 513-838-4562 in Cincinnati, 888-469-6437 in Dayton or Kentucky or email our law firm.