When A Storefront Gets Hit By A Truck: 5 Factors That Influence Liability And Property Damage Claims


If your commercial building has been hit by a commercial vehicle, a number of factors will determine who is at fault and who will collect damages. Here are 5 of the factors that may impact your property loss claim:

1. The type of vehicle that crashed into your business.

If the commercial vehicle that hits your business is a standard car or truck, drivers are not normally covered by additional laws, although their insurance company may have their own strict conditions under which drivers are considered covered.

Tractor trailers, semi trucks, and other larger commercial vehicles are governed by additional driving rules, including detailed driver log keeping, carrying additional insurance, and adhering to government-mandated safety regulations. These factors can help you settle or win your case.

2. Predetermined fault or negligence.

If it's obvious that the driver of the commercial vehicle was at fault or was negligent in some way, chances are you won't have to argue about who is liable, but only about how much you are entitled to receive in damages.

Some issues that are often considered predetermined fault are:

  • Driving under the influence of drugs or alcohol.
  • Suspended or revoked license.
  • Failure to yield or maintain safe distance.
  • Speeding.
  • Failure to engage parking brake.
  • Texting or phoning while driving.

3. The police report.

Law enforcement officers are trained to objectively note the details of wrecks and accidents that occur with vehicles. If the driver of the commercial vehicle was cited for reckless driving or another moving violation at the time of the wreck, this may be enough to prove that predetermined fault lies with the driver.

Other evidence provided by the police report are the weather conditions at the time of the crash, whether the driver was impaired, additional witnesses to the incident, and obvious human and property damage observed as a result of the crash.

4. Witnesses inside and outside the store.

Other eyes who saw what happened are important in cases where liability is questionable. They can report what they saw as far as the driver's actions, any obvious mechanical problems with the commercial vehicle, and any other extraneous circumstances that may have led to the crash.

Expert witnesses are also vital in some scenarios. For example, a driver may claim that the road in front of a store was icy due to a winter storm, contributing to their accident. They may say that the business owner is liable for not clearing ice runoff from their sidewalk. An expert traffic witness could testify that thousands of trucks stopped at the same spot that day and did not crash into the business.

5. Other plaintiffs claiming harm from the crash.

If other parties are suing the truck driver, they may be helpful to your case or ask for your help with their case. Other people who may sue for damages would be your building's owner if you lease your business space, customers who were injured in the crash, on-the-clock workers who suffered harm, and adjacent business owners who lost revenue due to the area being restricted after the crash.

If your commercial building has been damaged by a commercial vehicle crash, you should consult with a truck accident attorney as soon as possible. They will help you organize your evidence, investigate the driver, and settle or try your case so that you receive the maximum damages for your losses. Contact a firm like Arrington Schelin & Munsey PC to get started.


29 October 2015

Maximizing Compensation in Accident and Injury Lawuits

Hi, my name is Sally. I was living a pretty average, uneventful life until I had an accident. At that point, my life become more stressful and painful than I could have ever imagined. Sadly, my accident happened on private property, and it could have been prevented if the owner of the property had kept up with his shoveling. For months, I missed work, suffered through constant pain and become more and more depressed. Finally, a friend referred me to an accident and injury lawyer, and she showed me how to get the compensation that I deserved. I don't want to see anyone else suffer like I did, and because of that, I decided to create this blog. Here, I hope anyone who has been injured can find the information they need to get fully compensated and regain their lives. Enjoy your reading and thanks for stopping by!