When most people hear the term commercial vehicle accident, they picture a massive semi-truck or a large bus. Most assume that unless the vehicle that hit them had eighteen wheels and air brakes, they are dealing with a standard car wreck.
This is a common misconception that often prevents injury victims from accessing the full resources they need for their recovery.
In Texas personal injury law, the size of the vehicle matters far less than the purpose of the trip. If the sedan or pickup truck that hit you was being used for business purposes at the time of the crash, it is no longer just a car wreck. It is a commercial liability case.
This distinction changes the entire landscape of your claim. It can change who we look to for responsibility. It can change the amount of insurance coverage available. Identifying a hidden commercial policy is often the difference between a result that fully compensates the damages you have suffered and one that does not.
Why the Insurance Policy Limits Matter
To understand why you should look for commercial policies, you first must understand the reality of Texas auto insurance.
The minimum liability insurance required for a personal driver in Texas is $30,000 per person and $60,000 per accident. If you are hit by a regular driver who carries the state minimum, that $30,000 is often the most you can ever recover from their insurance company and maybe even less. It does not matter if your surgery cost $150,000 or if you are out of work for a year. You typically cannot recover money from an insurance policy for more than the amount of the policy. Pair that with the fact that many people are unable to pay for any judgment you obtain, and the results can be scary.
Commercial policies are different. Companies generally carry liability policies that start at $500,000 or $1,000,000.
If we can determine that the Ford F-150 that hit you was a company work truck rather than a personal vehicle, then there may be additional coverage available. We do not look for these policies to be litigious. We look for them because when a serious injury occurs the state minimums are simply not enough to pay for the recovery the victim deserves.
How to Spot a Commercial Vehicle Disguised as a Regular Car
Most commercial vehicles do not have a giant logo on the side. The gig economy and the rise of remote sales positions mean that a significant number of personal vehicles are currently acting as commercial fleets. We look for specific clues that suggest the other driver was on the clock.
The Delivery Driver
The most obvious example is the delivery driver. This includes traditional pizza delivery but also third-party apps like DoorDash or Uber Eats or Amazon Flex. Over the years, we have seen an increase in personal car use because these companies allow people to work on their own time and in addition to other jobs they may have. In fact, one of the first questions auto insurance companies are asking their own insureds after they have caused a crash is whether they were working for one of these companies at the time of the crash.
The Outside Sales Representative
Pharmaceutical reps, real estate agents and regional sales managers spend their entire day driving from client to client. If they hit you while driving in the course and scope of their employment, then they should be operating under a commercial insurance policy. Under the legal doctrine of Respondeat Superior, their employer can be liable for their negligence.
The Skilled Tradesman
These days, many skilled tradesmen and their employees are driving company vehicles with no markings at all. You may never know they were operating in the course and scope of their employment until claims are set up and an investigation begins.
Proving the Driver Was on the Clock
Insurance companies investigate these claims carefully. The employer’s insurance carrier will almost always deny the claim at first. They will argue that the driver was an independent contractor or that they were on a lunch break or that they were running a personal errand when the crash happened.
Oftentimes, these types of arguments require us to file a lawsuit and learn the truth through the discovery process. We request corporate documents, employee files, cell phone records, work schedules, etc. We also engage in multiple depositions and follow wherever the path may lead us. We effectively act as investigators to connect the dots between the driver and the company.
Looking Beyond the Surface to Protect Your Future
Finding these hidden insurance policies is about fairness. When a commercial vehicle causes a serious injury, the damage can go far beyond a stack of invoices. It affects your ability to work, your ability to move without pain, and your ability to enjoy your life.
A standard personal insurance policy often cannot compensate you for those intangible but devastating losses. If the commercial policy is missed, the cost of those losses can fall unfairly on you and your family.
We believe that every avenue should be explored to ensure that does not happen. We dig deep into the details of the driver’s employment and the vehicle’s ownership because we know that one missing piece of information can change the entire outcome of a recovery. Our goal is to ensure that when you close your case, you do so with the peace of mind that every potential source of help was identified and utilized.
If you’ve been injured in a car accident due to someone else’s negligence, schedule a free strategy session. We will help you figure out the next steps in your case, and whether you need an attorney.
