Hills Daniels & Associates
What to Do If You're Hit by a Commercial Vehicle or Company Car
Being hit by a delivery van, company truck, service vehicle, or any car driven by an employee on the job is a very different situation from a standard car accident — and most victims don't realize it until they're already deep into the claims process. When a driver is operating a vehicle for work purposes at the time of a crash, their employer may be held directly responsible for your injuries and losses.
This changes everything about how the claim works, who you are dealing with, how much insurance coverage is available, and why having an experienced attorney from the very beginning is so critical. Here's what you need to know.
More Coverage — And More Opposition
Commercial vehicle claims typically involve significantly higher insurance coverage than personal auto policies. But they also mean you are up against corporate legal teams and professional claims adjusters whose job is to minimize what the company pays. Call Hills Daniels & Associates before you speak to anyone on their side.
What Makes Commercial Vehicle Accidents Different
When a driver causes an accident while operating a vehicle for work — whether it is a branded company van, a delivery truck, or even a personal car used for business purposes — the legal landscape shifts significantly compared to a typical two-driver accident.
The Employer May Be Liable Too
Under a legal doctrine called respondeat superior — Latin for "let the master answer" — employers can be held directly responsible for the negligent actions of their employees while those employees are acting within the scope of their employment. This means the company itself, not just the driver, may owe you compensation.
Much Higher Insurance Coverage
Commercial auto insurance policies carry significantly higher limits than personal policies — often $1 million or more per incident. This means there is substantially more money available to compensate you for serious injuries. It also means the insurance company will fight much harder to minimize what they pay out.
Multiple Liable Parties
Unlike a standard crash where one driver is at fault, commercial vehicle accidents often involve multiple potentially liable parties — the driver, the employer, a vehicle maintenance company, a cargo loader, or a leasing company. Identifying every party responsible is essential to maximizing your recovery.
Corporate Defense Teams Respond Immediately
The moment a serious accident involves a company vehicle, that company's insurer and legal team are activated. They begin collecting evidence, interviewing witnesses, and building their defense before you've left the hospital. Without your own attorney moving just as quickly, you are at a serious disadvantage from day one.
Additional Evidence Must Be Preserved Fast
Commercial vehicles often carry dashcam footage, GPS tracking data, electronic logging devices, and maintenance records that can be critical to proving your case. This data can be overwritten, deleted, or conveniently "lost" if not preserved immediately through a legal hold notice sent by your attorney.
What Types of Vehicles and Situations Are Covered?
Commercial vehicle and employer liability claims cover a much broader range of situations than most people realize:
| Type of Vehicle / Situation | Employer May Be Liable When... |
|---|---|
| Delivery vans and trucks | Driver was making a delivery or pickup during work hours |
| Company-branded vehicles | Driver was operating the vehicle for any work-related purpose |
| Service vehicles (plumbers, electricians, etc.) | Driver was traveling to or from a job site or customer location |
| Rental vehicles used for business | Employee was using a rental car authorized by the employer for work travel |
| Personal vehicle used for work | Employee was running a work errand, making deliveries, or on a sales call |
| Government or municipal vehicles | Driver was a government employee acting within the scope of their duties |
| Contractors and third-party drivers | Depends on the degree of control the company exercised over the driver |
The "Coming and Going" Rule
Employers are generally NOT liable for accidents that happen while an employee is simply commuting to or from work with no work-related purpose. However, there are important exceptions — such as when the employee is running a work errand during the commute, when they are using a company vehicle, or when they are "on call." An attorney can evaluate whether employer liability applies in your specific situation.
Who Can Be Held Liable?
In a commercial vehicle accident, liability may extend well beyond just the driver. Depending on the circumstances, any of the following may be responsible:
The Driver
Direct negligence — distracted driving, speeding, running red lights, impairment
The Employer
Respondeat superior liability, negligent hiring, inadequate training, or failure to enforce safety policies
The Vehicle Owner
If the vehicle is leased or owned by a separate entity from the employer, that owner may share liability
Maintenance Company
If defective maintenance or failed repairs contributed to the crash
The Manufacturer
If a vehicle defect — brakes, tires, steering — contributed to the accident
A Staffing or Temp Agency
If the driver was a temporary or contract worker placed by an agency, that agency may share responsibility
What to Do Immediately After the Accident
Call 911 and Get Medical Attention
Your health comes first. Call 911, get a police report filed, and seek medical evaluation immediately — even if you feel okay. Adrenaline masks pain and injuries can worsen without prompt treatment.
Document the Commercial Vehicle
Photograph the vehicle from every angle — especially any company name, logo, phone number, DOT number, or license plate visible on the vehicle. This information identifies the employer and is critical to your claim.
Get the Driver's Employment Information
Ask the driver for their employer's name, the name of their supervisor, and whether they were working at the time of the crash. Note whether they are wearing a uniform or have any company identification. Do not argue about fault — just gather information.
Photograph Everything at the Scene
Take photos and video of all vehicles, the road, traffic signals, skid marks, weather conditions, and any visible injuries. If there is a dashcam visible on the commercial vehicle, note its location — your attorney will need to move quickly to preserve that footage.
Do Not Speak to the Company or Their Insurer
The employer's insurance company will likely call you quickly. Do not give a statement, answer questions about the accident, or accept any offer without first speaking to your own attorney. Everything you say will be used to minimize your claim.
Contact a Personal Injury Attorney Immediately
Commercial vehicle cases require fast action to preserve critical evidence. The sooner your attorney issues legal hold notices and begins the investigation, the stronger your case will be. Call Hills Daniels & Associates as soon as possible after the accident.
Never Accept a Quick Settlement From the Company
Companies and their insurers sometimes make fast settlement offers to resolve claims before victims fully understand the extent of their injuries or the true value of their case. Once you accept a settlement and sign a release, you cannot go back for more money — regardless of how your injuries progress. Always consult an attorney before accepting any offer.
What You Can Recover
Commercial vehicle accident claims can result in significantly higher compensation than standard car accident cases — particularly when serious injuries are involved and employer liability is established. Recoverable damages include:
- All medical expenses — emergency care, surgery, hospitalization, rehabilitation
- Future medical costs for ongoing treatment or permanent conditions
- Lost wages during your recovery period
- Loss of future earning capacity if your injuries affect your ability to work
- Pain and suffering — physical and emotional
- Property damage to your vehicle and personal belongings
- Loss of enjoyment of life
- Wrongful death damages if a family member was killed in the crash
Why You Need Hills Daniels & Associates
Commercial vehicle and employer liability claims are among the most complex personal injury cases in Louisiana. You are not just dealing with one driver and one insurance policy — you are dealing with a corporation, their legal team, their insurer, and potentially multiple other liable parties all working together to minimize what they pay you.
At Hills Daniels & Associates, we know how to level that playing field. We act fast to preserve evidence, identify every liable party, and build the strongest possible case on your behalf — while you focus on recovering from your injuries.
We Handle Everything From Day One
From issuing legal hold notices to the company to handling all communication with their insurers and attorneys — we take over so you never have to face these corporations alone. Your consultation is always free and you pay nothing unless we win. Call (504) 641-0016 today.
Hit by a Company Vehicle in Louisiana? We Can Help.
At Hills Daniels & Associates, we handle commercial vehicle accident cases across Louisiana every day.
Our consultations are always free, and we never charge a fee unless we win your case. Call us today at (504) 641-0016 or fill out the form on this page to get started.
Hit by a Company Vehicle? Don't Face Them Alone.
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Call (504) 641-0016 Now