What is a commercial motor vehicle when it comes to filing a claim? A commercial motor vehicle (CMV) is defined as any motorized vehicle used for business purposes, which includes transporting goods or passengers. 

Each vehicle is subjected to specific regulations and standards. These regulations impact liability, insurance requirements, and the legal processes involved in accidents.

Commercial vehicle operators have a greater responsibility on the road. But sometimes, they don’t live up to that standard. As experienced truck accident attorneys, we recognize the devastating effects of driver negligence. That’s why our team is dedicated to securing the rightful compensation for victims.

Reach out to our team at (757) 244-7000 for a free consultation. We’ll assess your case, answer your questions, and guide you through the legal process. Your well-being matters, and we’re committed to helping you get the justice you deserve.

What Are Commercial Vehicles’ Liability in Accidents?

The nature of these vehicles and their operations make claims a tad more complex.

When filing, you’ll have to consider different scenarios of collisions, the state of mind of the driver, and other contributing factors. Each of these elements can affect liability, evidence requirements, and the potential compensation involved. The most common ones include:

Collision Scenarios

Collision (crash) claims may involve substantial property damage, medical expenses, and long-term rehabilitation costs. Determining fault in these accidents can be complex, but often leads to higher compensation. 

However, insurance companies may scrutinize these claims closely, and extensive investigations are typically required to establish liability and the extent of damages.

Trucker Fatigue

If fatigue is proven in a collision, it can lead to claims against both the driver and the employer for failing to adhere to regulations. 

Evidence such as logbooks, electronic logging device data, and witness statements can be pivotal in proving fatigue. Successful claims may result in claims for medical expenses, lost wages, and high payouts for damages. 

Mechanical Failures

Mechanical failures can complicate accident claims by introducing questions of maintenance and manufacturer liability. 

Proving mechanical failure can lead to compensation for damages and injuries, and may also result in penalties or regulatory actions against the responsible parties. 

These claims typically require expert testimony to establish the cause of the failure and the extent of negligence involved.

Improper Loading

Improper loading in accident claims indicates negligence for the loading personnel or the company. If an accident is caused by shifting or unsecured cargo, claims can be filed against those responsible for loading the vehicle. 

Evidence such as load manifests, weight tickets and surveillance footage can be used to support these claims. Improper loading can lead to claims for extensive property damage, medical bills, and compensation for pain and suffering. 

Companies may face additional scrutiny and liability for not following proper loading protocols, leading to higher settlements or judgments.

What Requirements Must a Commercial Motor Vehicle Meet?

Any commercial vehicle operator must obtain a Commercial Driver's License (CDL), which involves specific knowledge and skills tests, along with meeting age and residency requirements. They must pass medical exams to ensure they are physically capable of safe operation. 

They have strict Hours of Service (HOS) regulations to limit the number of hours drivers can work and drive consecutively, which prevents fatigue. Commercial motor vehicles must also undergo regular inspections, maintenance, and repairs to meet safety standards. 

Lastly, these vehicles must carry higher levels of liability insurance, ensuring these regulations are met for the safety of both the driver and others encountered on the road.

What is Considered a Commercial Motor Vehicle?

Different types of vehicles may become CMVs. However, given their size and weight, accidents involving commercial trucks tend to result in more severe damages and injuries, leading to higher compensation claims.

Casualties by CMVs and their negligent companies are on the rise. Don’t be another statistic. Let us help you or your loved one get justice for emotional and physical damages done.

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For example, if a commercial vehicle involved in an accident had not undergone proper maintenance or if the driver violated hours of service rules, these factors could strengthen a claim against the company in question. In general, vehicles liable for a claim are:

Buses or Vehicles Used for Public Transportation

Buses provide a public service or transport passengers for a fee; thus, they are considered commercially used vehicles. 

School buses are used to transport students to and from educational institutions and must adhere to strict safety standards and regulations. But that doesn’t make either immune to accidents.

Both types of buses are subject to rigorous maintenance, driver qualification standards, and operational regulations to ensure passenger safety and reliability. Without these, both drivers and companies open themselves to litigation.

Van Used to Transport Goods

Vans used for delivery or the transportation of goods are classified as commercial motor vehicles. 

These vans may range from small cargo vans to larger panel vans. Due to their commercial use, these vehicles must meet specific legal requirements, including proper registration, insurance, and adherence to safety regulations. 

Drivers of commercial vans often need additional certifications, especially if the vehicle exceeds certain weight limits or carries hazardous materials.

What are the Other Types of Commercial Motor Vehicles?

Taxis, limousines, and specialty vehicles such as refrigerated trucks and utility vehicles may be considered commercial motor vehicles. 

Taxis and limousines provide passenger transport services for a fee and are regulated to ensure safety, reliability, and proper driver conduct. Specialty vehicles, designed for specific commercial purposes, such as transporting perishable goods or providing mobile services, must comply with industry-specific regulations. 

These vehicles typically require specialized maintenance and operation protocols to meet legal standards.

Commercial Truck Definition

Commercial trucks are classified based on their gross vehicle weight rating (GVWR). 

Light-duty commercial trucks have a GVWR of up to 10,000 pounds, while medium-duty trucks range from 10,001 to 26,000 pounds. Heavy-duty commercial trucks, such as semi-trucks and tractor-trailers, exceed 26,001 pounds. 

Commercial trucks can include various types, such as box trucks, flatbeds, tankers, and dump trucks, each designed for specific cargo types and uses. These trucks are equipped with features like larger engines, reinforced frames, and specialized suspension systems to handle heavy loads and demanding driving conditions. 

The higher insurance requirements for commercial trucks mean that potential compensation can be substantial, but proving fault and damages can be complex and require detailed evidence and expert testimony.

Check out our client testimonial with Nancy Harris, who came to the Smith Law Center after sustaining a life-changing brain injury.

Smith Law Center: Experienced CMV Collision Lawyers

We’ve secured our clients over $1 billion across various personal injury claims, including truck accidents. And we’ll use our experience to get you the justice you deserve. 

Don’t wait for the statute of limitations to run out on your claim. Victims who collaborate with lawyers when getting justice often win more on their claims than without. Get compensated for medical bills, pain and suffering, and more. Reach out today by calling (757) 244-7000 for a free consultation, and let us support you during this challenging time.