Commercial motor vehicle crashes are more complex than the standard car accident case.
Along with catastrophic injuries, trucking accidents often involve:
Many people think that commercial vehicle cases only involve large trucks used by companies – for example, a big rig or an 18-wheeler.
But that is wrong.
Many trucks considered “personal vehicles” fit the legal definitions of “commercial motor vehicle.”
And this distinction matters when proving someone else’s negligence caused harm. Indeed, this classification determines whether special regulations govern the commercial truck driver and owner. Violation of these safety rules can help you win your case.
This article explains when your personal injury case involves a commercial motor vehicle.
You can use this information to determine possible remedies under tort law and workers compensation.
Read on to learn more about commercial truck types and federal classification systems.
Then call us at (804) 251-1620 or (757) 810-5614 if you have questions. Our trucking accident lawyers are ready to get justice for you.
A commercial vehicle carries goods or passengers for profits.
It is titled or registered to a company.
But the term “commercial motor vehicle” has a specific definition under the law.
Federal law defines a “commercial motor vehicle” as any self-propelled or towed vehicle used on a public highway in interstate commerce to move passengers or goods when the vehicle:
1. weighs 10,0001 pounds or more;
2. is designed or used to transport more than eight passengers (including the driver of the vehicle) for money;
3. is designed or used to transport more than 15 passengers, including the driver or
4 moves hazardous materials
Virginia’s “commercial motor vehicle” definition is similar to the federal one. But there are differences.
Virginia Code Section 46.2-341.4 defines “commercial motor vehicle” as any motor vehicle, vehicle, or combination of vehicles used to transport passengers or property that either:
1. has a gross vehicle weight rating of 26,001 or more pounds;
2. has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds;
3. is designed to transport 16 or more passengers, including the driver; or
4. is of any size and is used to transport hazardous materials.
But there are exceptions to this definition.
For example, vehicles used only for the purposes below do not count as commercial motor vehicles:
The Federal Highway Administration (FHWA) uses a classification system for vehicles.
This FHWA vehicle classification system divides cars, trucks, and other motor vehicles into 13 classes based on the number of axles, tires, and units.
In addition, the FHWA has a truck classification system that divides trucks into eight classes based on gross vehicle weight rating (GVWR).
The FHWA uses these definitions and criteria for commercial trucks in the vehicle classification system:
Commercial trucks that meet the definition of “commercial motor vehicle” fall into one of these classes depending on weight:
Here is a list of commercial trucks our law firm has seen involved in trucking accidents:
You have the right to recover personal injury damages when a commercial motor vehicle crashes into you and causes injuries.
Indeed, you may also recover workers compensation benefits if the motor vehicle accident happens while you are on the job or if you are a truck driver injured while driving (regardless of fault).
Call us at 804-251-1620 or 757-810-5614 to schedule a free consultation with a top-rated attorney.
We will listen to your story and analyze your legal options.
Let’s start.