What Is a Commercial Vehicle Accident Case?

Injured in a crash with a commercial vehicle? Our attorneys handle claims involving delivery trucks, company cars, fleet vehicles, and employer liability.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Commercial Vehicle Accident Claims

Commercial vehicle accidents encompass a broad category of crashes involving vehicles operated for business purposes — including delivery vans, company cars, service trucks, government vehicles, and other fleet vehicles. While these cases share some similarities with standard car accident claims, they involve additional layers of liability, insurance coverage, and regulatory compliance that require experienced legal representation.

The Federal Motor Carrier Safety Administration (FMCSA) regulates vehicles exceeding 10,001 pounds gross vehicle weight rating, but many commercial vehicles fall below this threshold and are governed primarily by state traffic laws and employer liability principles. Regardless of vehicle size, when a driver causes an accident while performing work duties, their employer may be vicariously liable for the resulting injuries.

Types of Commercial Vehicle Accidents

Our attorneys handle the full spectrum of commercial vehicle crash claims:

Employer Liability: Respondeat Superior

Under the legal doctrine of respondeat superior, employers are vicariously liable for the negligent acts of their employees committed within the scope of employment. This means that when a delivery driver, sales representative, or service technician causes an accident while performing work duties, the employer — and its commercial insurance policy — can be held liable for the victim’s injuries.

Employer liability may also extend to claims of negligent hiring, negligent training, negligent supervision, and negligent entrustment. If the employer knew or should have known that the driver had a poor driving record, history of violations, or was unqualified to operate the vehicle, the employer may be directly liable for placing a dangerous driver on the road.

FMCSA & OSHA Regulations

Commercial vehicles exceeding 10,001 pounds or transporting hazardous materials must comply with FMCSA regulations, including hours of service limits, vehicle maintenance requirements, and driver qualification standards. The Occupational Safety and Health Administration (OSHA) also establishes workplace safety standards that may apply to employer vehicle operation policies. Violations of these federal regulations are powerful evidence of negligence in commercial vehicle accident cases.

Insurance Coverage in Commercial Vehicle Cases

Commercial vehicles typically carry significantly higher insurance limits than personal vehicles. Federal minimum requirements for motor carriers range from $750,000 to $5 million depending on cargo type. Even commercial vehicles not subject to federal minimums often carry substantial commercial auto insurance policies. Our attorneys identify all available coverage sources — including the driver’s personal policy, the employer’s commercial policy, umbrella or excess policies, and any third-party liability coverage — to maximize your recovery.

Building a Strong Commercial Vehicle Accident Case

Our investigation into commercial vehicle accidents includes obtaining the driver’s employment records and driving history, reviewing the employer’s hiring, training, and supervision practices, examining vehicle maintenance logs and inspection reports, analyzing GPS and telematics data from the commercial vehicle, reviewing hours of service logs for fatigue-related factors, and consulting with industry and safety experts to establish regulatory violations.

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What to Do After A commercial vehicle accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Commercial Vehicle Accident Case

To win a personal injury case involving a commercial vehicle accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Commercial Vehicle Accident Cases

Victims of a commercial vehicle accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Commercial Vehicle Accident Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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Roden Law Commercial Vehicle Accident Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Commercial Vehicle Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.