Interviewer: I know that when I’m driving, there are many more trucks on the road late at night. Would accidents happen time of night, more often than not? Or are they more often during the day when there’s more vehicles and traffic?
Daniel Hoarfrost: In my own practice, I haven’t read any statistics that there’s any particular time of day accidents with commercial vehicles tend to occur more often. Although, I’ve noticed while I am driving, the truck traffic tends to be a lot heavier either late at night or in the early morning.
I think they tend to try to get out there when there are fewer passenger cars on the road, slowing them down. And of course, that can obviously lead to situations, especially at night, where it’s more difficult to see, where more situations where accidents can occur.
Which Party Is at Fault in an Accident with a Commercial Vehicle, the Driver or the Business Owner?
Interviewer: Who is going to be at fault in that situation? Is the driver at fault, or is it the company?
Daniel Hoarfrost: Both may be at fault. We have what’s known as an agency relationship, or an employee relationship, so the companies are responsible for their employees or agents. So, you can bring claims against either one, typically both.
But most plaintiff lawyers tend to think that juries are more likely to punish a company or a corporation, for their agency’s wrongdoing, than to put liability on an individual. Simply because of the finances involved.