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How Fault Is Determined In A Commercial Truck Accident in Odessa, Texas

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If your job involves driving a commercial vehicle, then you’re probably vigilant about avoiding an accident. However, despite your best efforts, it’s entirely possible that an accident will eventually occur, which may have you wondering about who may be at fault in your wreck.

While workers’ compensation will cover your injuries without consideration of fault, negligence and fault can be key factors in dealing with any third-party lawsuits that may result. This can make learning who is at fault in your commercial accident of the utmost importance. Read about fault in commercial truck accidents and find out how to win your compensation with the help of a Texas truck accident lawyer.

Company Vehicles and Employer Responsibility

When you drive a company vehicle as part of your job, there is a legal concept you should know about that is called respondeat superior. This means that when you are performing job-related duties, your employer is responsible for your actions, and this extends to when you are operating a company vehicle.

So, when you’re making a delivery in your commercial truck or doing any other sort of work-related driving, your employer is legally responsible for any accident in which you are involved.

Different Types of Coverage

In commercial truck accidents, there are two types of coverage that come into play.

First, is workers’ compensation benefits. If you are an employee driving a commercial truck and are injured in an accident, your workers’ comp benefits should cover the damages resulting from your accident. This can include any lost wages and medical expenses due to your injuries.

The other type of coverage is liability coverage. Your employer will carry liability coverage to pay for any damages suffered by a third-party as a result of a commercial truck accident. This is important because it prevents third parties from filing a claim against your own insurance. Even though they would be considered a third-party, liability coverage excludes other employees who were in your vehicle at the time of the accident.

Issues Related to Third Parties

Many commercial accidents involve only your work vehicle. When a commercial truck accident is a single car accident, you will only be eligible to receive workers’ comp benefits for your injuries. However, if your commercial accident has been caused due to the negligence of a third-party, then you may be able to receive both workers’ comp and compensation from the other driver’s insurance policy.

The main benefit to this is that your compensation amount will usually be much higher when filing a claim against another driver’s liability coverage. Personal insurance policies will usually cover all of the damages from your accident, while workers’ comp is limited in the amount you can receive.

Seek Legal Representation After Commercial Truck Accidents

Commercial truck accidents and legally complicated, especially in terms of receiving your workers’ comp benefits or insurance claim. Make sure you get the compensation you’re looking for by discussing your case with Braker White.

Our legal professionals are ready to review the facts of your case so that we can tell you the best way to get the level of compensation that you need to recover from your injury.