Company Vehicle Accident Attorney

When a collision involves a company vehicle on Capital Boulevard, Wade Avenue, or any street in the Triangle area, the complexity of your case increases significantly. At The Law Offices of John M. McCabe, we understand the intricate nature of accidents involving corporate vehicles, from delivery vans rushing through downtown Raleigh to commercial trucks navigating I-440. Contact us today for a consultation about your case.

Serving accident victims throughout Wake County and beyond, our firm handles cases involving various types of company vehicles, including:

• Commercial delivery vans making stops at North Hills
• Corporate fleet vehicles traveling between RTP companies
• Service trucks heading to maintenance calls in Cameron Village
• Construction vehicles operating near NC State campus
• Company cars involved in accidents near Crabtree Valley Mall

Understanding Your Rights After A Company Vehicle Crash

At The Law Offices of John M. McCabe, we believe understanding your legal rights is crucial after a company vehicle accident. North Carolina law provides specific protections and obligations that affect your claim. Let's explore the key legal concepts that may impact your case.

Vicarious Liability

In North Carolina, the doctrine of vicarious liability is established through both case law and statutory provisions. Under N.C. Gen. Stat. § 20-71.1, there is a rebuttable presumption that a vehicle being operated by an employee is being operated in the course and scope of employment. This means the employer can be held responsible for the employee's negligent actions while driving a company vehicle.

This principle extends beyond basic negligence. When an employee causes an accident while performing job duties, the company may be liable even if they weren't directly negligent in causing the crash. For instance, if a delivery driver runs a red light while making deliveries, their employer could be held responsible for resulting damages under the theory of respondeat superior.

However, there are important limitations. If the employee significantly deviates from their job duties (known as a "frolic" in legal terms), the employer may avoid liability. Our company vehicle accident attorneys carefully investigate the circumstances of each crash to establish the proper application of vicarious liability.

Pure Contributory Negligence

North Carolina follows a pure contributory negligence system under N.C. Gen. Stat. § 1-139. This is one of the strictest negligence standards in the United States and can significantly impact company vehicle accident claims. Under this rule, if an injured party is found even 1% at fault for the accident, they may be completely barred from recovering compensation.

This makes it critical to thoroughly document all aspects of the accident and establish clear liability. Our company vehicle accident lawyers understand how to:

• Preserve evidence showing the company driver's fault
• Counter allegations of contributory negligence
• Protect your right to compensation under this strict standard

There are some exceptions to contributory negligence, such as:

• The last clear chance doctrine
• Gross negligence by the defendant
• Intentional acts by the defendant

Passengers Traveling In A Company Vehicle

Passengers in company vehicles have specific rights under North Carolina law. Under N.C. Gen. Stat. § 20-175, passengers are generally not responsible for the negligent acts of their driver. This means if you were injured while riding in a company vehicle, you may have rights against:

• The company vehicle driver
• The company itself
• Third parties who contributed to the accident
• The company's insurance carriers

Additionally, passengers may have access to multiple insurance policies, including:

• The company's commercial auto policy
• The company's general liability coverage
• Any personal insurance policies that may apply

Workers' Compensation

If you were injured while driving or riding in a company vehicle for work purposes, your case may involve workers' compensation under N.C. Gen. Stat. § 97-2. The North Carolina Workers' Compensation Act provides specific benefits, including:

• Medical treatment coverage
• Temporary disability benefits (2/3 of your average weekly wage)
• Permanent disability benefits
• Vocational rehabilitation services

However, workers' compensation isn't your only potential remedy. You may also have a third-party claim against other negligent parties beyond your employer. This is crucial because workers' compensation benefits are limited and don't cover:

• Pain and suffering
• Full lost wages
• Loss of quality of life
• Other non-economic damages

Our company vehicle accident attorneys understand how to coordinate workers' compensation benefits with third-party claims to maximize your total compensation. We ensure compliance with N.C. Gen. Stat. § 97-10.2, which governs the interaction between workers' compensation and third-party claims.

The Law Offices of John M. McCabe has extensive experience navigating these complex legal principles in company vehicle accident cases. We work diligently to protect your rights under North Carolina law while pursuing maximum compensation for your injuries. Contact our office to learn how we can help you understand and protect your legal rights after a company vehicle accident.

Different Types of Company Vehicle Accident Cases We Take

At The Law Offices of John M. McCabe, our company vehicle accident attorneys handle a wide range of cases involving commercial vehicles. Our experience spans various industries and vehicle types, allowing us to effectively represent clients in many different scenarios.

• Delivery Van Accidents: Cases involving package delivery services, local courier companies, and retail delivery vehicles where drivers may be rushing to meet deadlines or operating in residential areas.
• Sales Fleet Collisions: Accidents involving company cars used by sales representatives who may be distracted by work calls or attempting to navigate while managing business responsibilities.
• Service Vehicle Crashes: Incidents involving maintenance vehicles, utility trucks, or repair service vehicles that may have specialized equipment or loading issues contributing to the accident.
• Construction Vehicle Accidents: Cases involving dump trucks, cement mixers, or other heavy equipment operating both on public roads and at construction sites.
• Commercial Box Truck Collisions: Accidents with medium-duty commercial vehicles used for local deliveries or business operations, often involving blind spot issues or inadequate driver training.
• Company SUV Incidents: Cases involving corporate-owned SUVs used by executives or management teams, which may involve complex insurance coverage questions.
• Rental Fleet Accidents: Collisions involving vehicles rented or leased by companies for temporary business use, often involving multiple insurance policies and liability questions.
• Food Delivery Incidents: Cases involving restaurant delivery vehicles or food service trucks where drivers may be working under time pressure.
• Healthcare Transport Crashes: Accidents involving non-emergency medical transport vehicles or healthcare company fleet vehicles serving patients.
• Field Service Vehicle Collisions: Incidents involving technicians or service providers operating company vehicles while traveling between job sites.
• Commercial Van Accidents: Cases involving full-size commercial vans used for business operations, which present unique handling and visibility challenges.
• Multi-Vehicle Commercial Crashes: Complex cases involving multiple company vehicles or combinations of commercial and private vehicles.

How a Company Vehicle Accident Attorney Can Maximize Your Compensation

At The Law Offices of John M. McCabe, we understand that accidents involving company vehicles in Raleigh and throughout Wake County can lead to significant expenses and losses. Our dedicated team employs multiple strategies to help maximize the compensation you deserve. Here's how we work to secure optimal results for our clients:

• Thorough Investigation: Our company vehicle accident attorneys conduct comprehensive investigations, including obtaining dashcam footage, analyzing GPS data, and gathering evidence from local businesses along Capital Boulevard, Wade Avenue, and other Raleigh thoroughfares where accidents commonly occur.
• Multiple Liability Sources: Our Raleigh car accident lawyers will identify all potential sources of compensation, including the employer's commercial insurance policy, the driver's personal coverage, and third-party maintenance companies that service fleet vehicles in the Triangle area.
• Documentation of Damages: Our team works closely with medical providers at WakeMed, Duke Raleigh Hospital, and Rex Hospital to ensure all your injuries and treatments are properly documented and valued for your claim.
• Corporate Policy Analysis: Our Cary car accident lawyer will review company vehicle policies and procedures to identify any violations that may have contributed to your accident, strengthening your position during negotiations.
• Economic Impact Assessment: Our company vehicle accident lawyers calculate both current and future financial impacts, including lost wages from missed work at RTP employers and projected medical expenses for ongoing care.
• Evidence Preservation: We act quickly to preserve critical evidence, from security footage from nearby North Hills businesses to electronic logging device data from the company vehicle.
• Strategic Negotiations: Our personal injury attorneys leverage our understanding of local courts and North Carolina law to negotiate effectively with corporate defense teams, often achieving better settlements without the need for trial.
• Medical Expert Coordination: We collaborate with respected healthcare providers throughout Wake County to build strong medical documentation supporting your injury claims and future care needs.
• Insurance Coverage Maximization: We identify and pursue all available insurance coverage, including umbrella policies and excess coverage that may apply to your company vehicle accident case.
• Timing Management: Our team ensures all legal deadlines are met while preventing premature settlement before the full extent of your injuries is known, particularly for accidents requiring long-term care at facilities like Carolina Back Institute.
• Communication Management: We handle all interactions with insurance adjusters and corporate representatives, protecting your interests while you focus on recovery at local rehabilitation facilities.
• Liability Documentation: Our attorneys gather and preserve evidence of negligence, from maintenance records of local service centers to driver qualification files and training documentation.

Financial Compensation You May Be Entitled To After a Company Vehicle Accident

Our company vehicle accident attorneys work diligently to ensure every type of loss is properly documented and valued. Here are the categories of compensation you may be able to recover:

• Medical Expenses: Coverage for all treatment costs, from emergency care at WakeMed to ongoing rehabilitation at Raleigh Orthopaedic Clinic, including future medical needs related to your injuries.
• Lost Income: Compensation for missed work time, whether you're employed at one of RTP's tech companies or a local business near Cameron Village, including reduced earning capacity if you cannot return to your previous position.
• Pain and Suffering: Financial recognition of the physical discomfort and emotional distress you've experienced, from daily pain management to anxiety about driving on Capital Boulevard after the accident.
• Property Damage: Reimbursement for repairs or replacement of your vehicle, plus compensation for any personal property damaged in the accident, such as laptops or phones used for work.
• Temporary Transportation Costs: Coverage for rental cars or rideshare services while your vehicle is being repaired at local body shops, ensuring you can still commute to work or medical appointments.
• Home Modification Expenses: Funding for necessary changes to your residence if your injuries require wheelchair access or other accommodations to maintain independence.
• Rehabilitative Therapy: Coverage for physical therapy at Carolina Back Institute, occupational therapy, and other rehabilitation services needed to recover from your injuries.
• Loss of Life Enjoyment: Compensation for activities you can no longer participate in, such as jogging at Dorothea Dix Park or shopping at Crabtree Valley Mall, due to your injuries.
• Caregiver Expenses: Reimbursement for home health assistance or family member care needed during your recovery period.
• Mental Health Treatment: Coverage for counseling or therapy needed to address accident-related anxiety, depression, or PTSD, including services from local mental health providers.
• Lost Business Opportunities: Compensation for missed professional opportunities, promotions, or business deals that were impacted by your accident and recovery period.
• Punitive Damages: In cases involving egregious negligence, such as a company's failure to maintain their fleet or properly train drivers operating in busy areas like downtown Raleigh, additional compensation may be awarded.

Common Injuries Associated with Company Accident Claims

Understanding these common injuries helps us better advocate for proper medical care and fair compensation. Here are the typical injuries we see in company vehicle accident claims:

• Whiplash and Neck Trauma: These soft tissue injuries often occur when a company vehicle rear-ends another car, causing the head to snap forward and back suddenly, potentially leading to long-term pain and mobility issues.
• Back and Spine Injuries: The force of impact in company vehicle accidents can cause herniated discs, spinal cord compression, or vertebrae fractures that may require extensive rehabilitation or surgical intervention.
• Traumatic Brain Injuries: Even seemingly minor collisions with company vehicles can result in concussions or more severe brain trauma, potentially affecting cognitive function, memory, and emotional regulation.
• Shoulder Injuries: The impact of a crash often causes rotator cuff tears, joint displacement, or ligament damage that can significantly impact your ability to work and perform daily activities.
• Internal Organ Damage: The severe force often present in company vehicle collisions can cause internal bleeding or organ damage that may not be immediately apparent but requires urgent medical attention.
• Complex Fractures: The size and weight of company vehicles often result in multiple or compound fractures that may require surgical repair and extended healing time.
• Knee and Lower Extremity Trauma: Dashboard impacts and crash forces frequently cause knee injuries, torn ligaments, and lower leg trauma that can affect mobility and require long-term treatment.
• Psychological Injuries: Many victims experience post-traumatic stress disorder, anxiety, or depression following serious company vehicle accidents, requiring ongoing mental health support.
• Facial Injuries: Impact with airbags, windshields, or debris can cause facial lacerations, dental damage, or orbital fractures that may require reconstructive procedures.
• Nerve Damage: Compression injuries and severe trauma can result in peripheral nerve damage, potentially causing chronic pain, numbness, or loss of function in affected areas.
• Crush Injuries: When company vehicles collide with smaller passenger cars, occupants may suffer severe crush injuries to limbs or torso, often requiring multiple surgeries and extended rehabilitation.
• Soft Tissue Damage: Beyond whiplash, victims often experience strains, sprains, and tears to muscles, tendons, and ligaments throughout the body that can cause chronic pain and limited mobility.

Who is Liable for My Company Vehicle Accident Damages?

Here are the potential parties who may be responsible for your injuries:

• The Company/Employer: Under the legal principle of vicarious liability, employers are typically responsible for accidents caused by their employees while driving company vehicles within the scope of their employment duties.
• The Vehicle Driver: The individual operating the company vehicle may be personally liable, especially if they were acting outside their job duties or engaging in reckless behavior at the time of the crash.
• Vehicle Maintenance Providers: Third-party maintenance companies or mechanics who failed to properly service the company vehicle could be liable if poor maintenance contributed to the accident.
• Vehicle Manufacturer: If a defective vehicle component contributed to the crash, the manufacturer of the vehicle or the specific defective part may bear responsibility for your damages.
• Loading Companies: For commercial trucks, third-party loading companies may be liable if improper loading or cargo securement led to the accident.
• Property Owners: If poor property maintenance or hazardous conditions contributed to the accident, the property owner where the crash occurred may share liability.
• Other Drivers: Additional motorists who contributed to causing the accident may also be partially responsible for your damages.
• Leasing Companies: If the company vehicle was leased, the leasing company might share liability, particularly if they failed to maintain the vehicle properly.
• Government Entities: In some cases, road design defects or poor maintenance of public roads may contribute to accidents, making government agencies potentially liable.
• Training Providers: Companies responsible for training the driver may be liable if inadequate or improper training contributed to the accident.
• Insurance Companies: Multiple insurance policies may provide coverage, including the company's commercial auto policy, general liability policy, and umbrella coverage.
• Parent Companies: If the vehicle owner is a subsidiary of a larger corporation, the parent company may share liability under certain circumstances.

Get Help With Your Company Vehicle Accident Case

The aftermath of a company vehicle accident can feel overwhelming, but you don't have to face it alone. The Law Offices of John M. McCabe has the knowledge and resources to help protect your rights and pursue the compensation you deserve. Contact us today for a consultation about your case.

Company Vehicle Accident Lawyer FAQs

What should I do if the company's insurance adjuster contacts me directly?

You should politely decline to provide statements or sign any documents until you've consulted with a company vehicle accident attorney. Insurance adjusters may seem helpful, but their primary goal is to minimize the company's liability. Even casual conversations about how you're feeling could be used to undervalue your claim.

If the police report says I wasn't at fault, do I still need a lawyer?

While a favorable police report is helpful evidence, it alone doesn't guarantee full compensation. A company vehicle accident attorney can help protect your rights, handle complex insurance issues, and ensure all your damages are properly documented and valued. Companies often deploy teams of lawyers to minimize payouts, regardless of what the police report states.

How long will my company vehicle accident case take to resolve?

Each case timeline varies depending on factors like injury severity, treatment duration, and the complexity of liability issues. While some cases settle within months, others may take longer if litigation is necessary to secure fair compensation. Our goal is to resolve your case as efficiently as possible while ensuring you receive full value for your claim.

What if the accident happened in a parking lot on private property?

Company vehicle accidents on private property are still viable claims. While the absence of a police report may present challenges, our firm can gather alternative evidence like surveillance footage, witness statements, and property owner incident reports to establish liability.

Can I handle negotiations myself at first and call a lawyer later if needed?

While you can negotiate alone initially, early mistakes can seriously impact your case's value. Important evidence might be lost, statements to adjusters could be misinterpreted, and you might inadvertently accept a settlement that doesn't cover future medical needs. Having a company vehicle accident attorney from the start helps avoid these pitfalls.

What if the company vehicle driver claims I was on my phone when the accident happened?

We can gather evidence to counter false allegations about phone usage, including cell phone records, witness statements, and traffic camera footage. Remember, in North Carolina's contributory negligence system, such accusations must be thoroughly addressed to protect your right to compensation.

The company's insurer made a settlement offer that seems fair. Should I accept it?

You should have any settlement offer reviewed by a company vehicle accident lawyer before accepting. Initial offers rarely account for all damages, especially future medical needs and long-term impacts. Once you accept a settlement, you typically can't seek additional compensation later.

What happens if the company files for bankruptcy during my case?

Your claim might still proceed through various channels, including the company's insurance policies, third-party claims, or bankruptcy court proceedings. Our firm can help navigate these complex situations to protect your interests and pursue available compensation sources.

If I was injured while carpooling in a coworker's company vehicle, who is liable?

Multiple parties might share liability, including the employer, your coworker, and potentially third parties. Your status as a passenger might also affect available insurance coverage and the interplay between workers' compensation and personal injury claims.

What if I discover additional injuries after starting my claim?

This highlights why rushing to settle is risky. Our company vehicle accident attorneys ensure all injuries are properly diagnosed and documented before considering settlement. We can typically amend claims to include newly discovered injuries if they're identified before settling.

Do I need to have copies of all my medical records before contacting a lawyer?

No, you should contact a company vehicle accident lawyer as soon as possible after the crash. We can help obtain all relevant medical records and ensure proper documentation of your injuries. Early involvement also helps preserve crucial evidence that might otherwise be lost.

How will changes to company policies after my accident affect my case?

While policy changes made after your accident generally can't be used as evidence of negligence, our firm can still investigate whether policy violations or inadequate procedures contributed to your crash. We focus on conditions and policies in place at the time of the accident.