What if the Person Who Hit My Car Was Driving a Company Car in Charleston?

When someone driving a work vehicle hits you in Charleston, it creates an entirely different legal situation than a typical car accident. You may need to pursue claims from multiple sources and could potentially face more complex legal challenges.

At Roden Law, our Charleston car accident lawyers understand the obstacles that arise from collisions involving work-related vehicles. If someone else’s negligence caused you to have injuries or damages, you may be eligible to receive compensation to help with your recovery. Seek counsel from a trusted attorney who can help you investigate your crash and gather evidence.

Call today for a FREE Consultation: 1-844-RESULTS.

Do I Have a Legal Claim if My Car Gets Hit by a Driver in a Company Car in South Carolina?

Yes, you can pursue a legal claim if a company car driver hits you in South Carolina. These cases involve different factors than regular car accidents when it comes to filing a claim.

Your attorney will need to determine who is liable. Company car accidents may involve multiple insurance sources, including the driver’s personal insurance, the company’s commercial auto policy, and possibly general liability coverage.

What Evidence Do I Need To Prove the Work Vehicle Driver Was at Fault?

You must show specific evidence of the driver’s negligence and confirm they were on the job at the time of the crash. This evidence differs from typical car accidents because it requires proving the driver’s fault and their connection to their employer.

Police Report Documentation

The police report can ensure that the responding officer correctly identifies the vehicle as a work vehicle and documents the driver’s employment information. Include the name of the company, the vehicle’s registration details, and any commercial plate numbers in the report. Officers often note whether the driver admitted to being in a company car or record specific traffic violations that caused the accident.

Vehicle and Scene Photos

Take photos of the work vehicle from multiple angles, capturing any of the following:

• Company logos
• Business names
• License plates
• Vehicle identification numbers

Document the accident scene showing vehicle positions, skid marks, and debris patterns. If you notice property damage, take photos of both vehicles, as the damage patterns often reveal the story of how the accident occurred.

Witness Statements

Collect contact information and statements from independent witnesses who saw the accident. Witnesses can testify about the work vehicle driver’s actions, speed, and behavior leading up to the crash. Passengers in either vehicle may provide valuable testimony, though their credibility may be questioned due to their relationship to the parties involved.

Electronic Evidence

Modern work vehicles often contain electronic logging devices, GPS tracking systems, and fleet management technology. This data can reveal vehicle speed, location, braking patterns, and driver behavior leading up to the accident. Cell phone records may indicate whether the driver was texting or talking on the phone while driving, which strengthens negligence claims.

What Damages Can I Recover From a Charleston Company Vehicle Accident?

If a delivery truck, service van, or work vehicle causes your accident, you may be dealing with a company’s insurance to secure your claim. In some cases, obtaining a claim from an entity may result in higher coverage and potentially lead to higher compensation.

Medical Expenses and Healthcare Costs

You can recover your medical costs related to your accident, including:

• ER visits
• Ambulance rides
• Hospital stays
• Surgeries
• Tests
• Medications
• Therapy
• Rehab

In cases involving serious injuries, future medical expenses can be substantial. Medical experts can estimate long-term care needs like surgeries, ongoing treatment, medical equipment, and in-home care so that it is included in your compensation.

Lost Income and Earning Capacity

Lost wages cover any income missed during recovery, whether you are employed, self-employed, or a business owner. This includes wages, overtime, bonuses, commissions, and benefits.

If your injuries limit your ability to work long-term, you may be able to claim diminished earning capacity. These claims often require evidence showing that you can no longer perform at the same level as before the car accident.

Pain and Suffering

Compensation for pain and suffering covers the physical discomfort and the life changes resulting from your injuries. For example, you may receive compensation if your injuries do not allow you to enjoy activities with your family or hobbies.

Emotional distress compensation covers mental effects such as anxiety, depression, PTSD, or sleep problems after the accident. Ongoing fear of driving can support claims for pain and suffering.

What if the Company Tries To Deny Their Employee’s Actions Were Responsible for the Crash?

When companies deny their employee caused the crash, they are using a common tactic to avoid blame and reduce what they might have to pay. They may claim their employee was acting outside the scope of employment, on personal business, or violating company policies.

Your attorney can strengthen your claim by taking these actions:

• Gathering Evidence to Counter Denials: Strong evidence collection becomes essential when companies deny responsibility. Document company vehicle registration, business logos, and uniforms.
• Establish Scope of Employment: Demonstrate the driver was performing work-related activities such as deliveries, service calls, or travel between job sites.
• Challenge Independent Contractor Claims: Examine the actual working relationship, rather than relying solely on job titles. Look for evidence the company controlled how, when, and where work was performed.
• Respond to Fault Denials: Focus on traffic violations, witness testimony, and physical evidence when companies deny that their employee was at fault in the accident.

How Employee Work Status Affects Your Charleston Case Outcome

The work status of the employee who caused your Charleston accident directly impacts your case outcome. It affects available insurance coverage, liability strength, and potential compensation amounts.

Actual employees create automatic employer liability under South Carolina law, providing access to higher commercial insurance coverage, typically over a million, and corporate assets for compensation.

Independent contractors result in weaker cases with limited recovery options, often requiring proof of company negligence rather than automatic responsibility. This classification difference can mean the distinction between complete compensation and partial recovery for serious injuries.

Employees performing job duties at the time of the accident establish a substantial employer liability. Employees on duty with approved vehicle use create strong cases. Off-duty drivers usually do not unless they have permission to use the company vehicle. Even personal errands during work hours may create liability if work-related.

Steps To Take First if the At-Fault Party Was Driving a Company Car

If the at-fault party was driving a company car, your immediate action can impact your ability to recover compensation. Taking the proper steps at the scene and in the days following helps preserve evidence and protect your legal rights.

Immediate Scene Actions

Call 911 and make sure police document the company vehicle’s logos, plates, and ID. Take clear photos from all angles, including business names, fleet numbers, VIN, and any uniforms or badges.

Exchange info with the driver. Gather their full name, employee ID, supervisor contact, company name, and company insurance. Ask if they were working at the time and note any statements.

Preserve Critical Evidence

Obtain contact information from witnesses who witnessed the crash or can confirm the driver’s work status. Your attorney can request the company to retain necessary evidence, such as vehicle data, job records, GPS logs, and messages. GPS tracking in company vehicles can be key to proving job-related activity.

Protect Your Legal Rights

Seek medical attention immediately, even for minor injuries. Keep records of all treatment and expenses so that you can obtain the full compensation you need.

Do not give recorded statements or sign anything without talking to a lawyer. Avoid quick settlement offers, as these cases often involve complex insurance and liability issues. Contact an experienced attorney as soon as possible to preserve evidence and protect your claim.

Key Mistakes to Avoid

Do not accept claims that the driver was off duty. Companies often say this to avoid liability. Direct all communication to your attorney and refrain from discussing details with company representatives.

Act quickly to protect your rights and maximize compensation, as company vehicle accidents often involve higher insurance coverage than regular crashes.

Call Roden Law After a Charleston Work Vehicle Collision To Seek Compensation

The aftermath of a work vehicle accident can overwhelm you or possibly prevent you from pursuing the compensation you deserve. After you have sought immediate medical attention, seek legal counsel to help you secure maximum compensation.

Contact our Charleston office or complete our online form to schedule a complimentary consultation with Roden Law. We will evaluate your case and explain your legal options. Our firm is here to support you while you focus on your recovery.

Our staff is ready to take your call today: 1-844-RESULTS.