If you are involved in an accident, the nature of the other vehicle can significantly impact your case, particularly if the other driver is at fault. Accidents involving commercial vehicles may offer a more favorable path to success in your claim, as these cases often result in higher compensation. This is due to the increased liability of commercial entities and the more substantial insurance coverage typically associated with commercial vehicles.
What is a Commercial Vehicle?
The term “commercial vehicle” is often associated with large trucks, such as big rigs. While these vehicles do qualify as commercial vehicles, many other types also fall under this category. Legally, a vehicle is considered a commercial vehicle if it meets the criteria outlined in the Federal Motor Carrier Regulations (FMCR).
Under the FMCR, a vehicle is a commercial vehicle if:
- It has a Gross Vehicle Weight Rating (GVWR) of 10,001 pounds or more.
- It is a single or combination vehicle with a GVWR of 26,001 pounds or more.
- It has been designed or used to transport more than eight passengers (including the driver) for compensation or more than 15 passengers if no compensation is provided for the transportation.
- It transports hazardous materials in quantities that require federal placarding, regardless of the vehicle’s size.
In all cases, the vehicle must be driven or towed, and it must transport goods or services.
CDL Requirements
A Commercial Driver’s License (CDL) is generally not required for vehicles that weigh 26,000 pounds or less and are used to transport no more than 15 passengers. However, a CDL with an (H) endorsement is required if the driver is transporting hazardous materials, regardless of the vehicle’s weight.
Under Illinois law, the driver must have a CDL with a (P) endorsement if the vehicle is designed to transport 16 or more passengers, including the driver. The (P) endorsement allows the driver to transport passengers.
Illinois requires CDL holders to be at least 18 years old. Even with a CDL, they cannot cross state lines, engage in interstate commerce, or transport passengers. Illinois lifts these restrictions once the driver turns 21.
Why the Commercial Distinction Matters
Suppose the commercial vehicle driver was the at-fault party and was driving on a commercial driver’s license. Your legal options are different than they would have been with the owner of a private vehicle. Factors that might be affected include:
- Third-Party Liability: The at-fault driver is likely to be an on-duty employee, which raises the odds that you can seek compensation from both the employer and the at-fault driver. You might also file a claim against the vehicle owner or a commercial maintenance provider.
- Insurance: Commercial vehicles carry more insurance than non-commercial vehicles. This could matter a lot if you collide with a big-rig truck and suffer catastrophic injuries.
- Commercial Driver’s License: A commercial vehicle driver must carry a valid Commercial Driver’s License (CDL). You could gain a significant advantage if you get into an accident with an at-fault driver who was driving a commercial vehicle without a CDL.
- Regulations: Extensive state and federal regulations govern the operation of commercial vehicles. If you prove that the driver violated one of them, you might win your claim that way. For example, The legal BAC limit for commercial vehicle drivers in Illinois is 0.04% instead of the 0.08% that applies to non-commercial drivers. This standard makes it easier to claim negligence based on intoxication. Illinois regulations are sometimes even stricter than federal regulations.
In summary, accidents involving commercial vehicles present unique legal considerations that can impact your ability to seek compensation.
An Illinois Personal Injury Lawyer Can Help
Insurance claims and lawsuits involving commercial entities can be both complex and full of potential opportunities. An experienced Illinois personal injury attorney can help you navigate these challenges and maximize your compensation. Our team at Zayed Law Offices has secured over $100 million in compensation for clients and has earned numerous accolades from legal peers.
We work on a contingency fee basis, meaning you won’t pay anything upfront—our fee is only collected if we successfully secure compensation for you. Contact us today for a free initial consultation.
Contact the Chicago Personal Injury Law Firm of Zayed Law Offices Personal Injury Attorneys for Help Today
For more information, please contact the experienced Chicago personal injury lawyers at Zayed Law Offices Personal Injury Attorneys today. We offer free consultations.
We proudly serve Cook County, Will County, Kendall County, and its surrounding areas:
Zayed Law Offices Personal Injury Attorneys – Chicago Office
10 S La Salle St STE 1230, Chicago, IL 60603
Phone:(312) 726-1616
Hours: Open 24/7
Our firm is located near you. We have an office in Chicago
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Zayed Law Offices Personal Injury Attorneys – Joliet Office
195 Springfield Ave, Joliet, IL 60435
Phone: (815) 726-1616
Our firm is located near you. We have an office in Joliet
Find us with our GeoCoordinates: 41.5254295,-88.1381011
