When you’re involved in a traffic accident, the experience can be overwhelming — physically, emotionally, and financially. But when the crash involves a commercial vehicle like a delivery van, semi-truck, or company car, things get even more complicated. These vehicles are usually operated by businesses, not private individuals, which means determining who is legally responsible involves more than just looking at who was behind the wheel.
Every year, thousands of people are injured or killed in commercial vehicle accidents, and the path to justice and compensation isn’t always straightforward. That’s why it’s crucial to understand how liability is determined, who might be held accountable, and why working with a knowledgeable attorney makes all the difference.
At Inkelaar Law, we’ve helped countless victims navigate these complex cases and fight for the compensation they deserve. Let’s break down what makes commercial vehicle accidents unique — and what it means for your legal options.
A commercial vehicle is any vehicle used for business purposes. These include:
Semi-trucks and tractor-trailers
Delivery trucks (like FedEx, UPS, or Amazon vans)
Company-owned cars and vans
Buses and shuttles
Construction vehicles
Due to their size and weight, these vehicles often cause more severe accidents than standard cars. Victims frequently suffer head injuries, spinal trauma, or other life-changing conditions—highlighting the need for experienced motor vehicle accident attorneys.
When a commercial vehicle is involved in a crash, liability can extend beyond just the driver. In fact, there are multiple parties who might share responsibility, depending on how and why the accident occurred. Here’s a breakdown of the most common liable parties and the role each might play:
1. The Driver
Just like in regular car accidents, the driver of the commercial vehicle can be held liable if their actions caused the crash. Examples include:
Distracted driving (texting, using GPS, etc.)
Speeding or reckless driving
Driving under the influence
Driving while fatigued (especially common in long-haul trucking)
If the driver was negligent or broke traffic laws, they may be personally liable — and possibly even criminally charged.
2. The Employer or Trucking Company
Under a legal principle known as “respondeat superior” (Latin for “let the master answer”), companies can often be held responsible for their employees’ actions while on the job.
The employer may be liable if:
They failed to properly train the driver
They pressured the driver to meet unrealistic delivery deadlines
They ignored known safety violations
They did not maintain the vehicle properly
Even if the company claims the driver was an “independent contractor,” it’s worth investigating—sometimes companies misclassify workers to dodge liability.
3. The Vehicle or Parts Manufacturer
Sometimes, the accident isn’t caused by human error — but by a mechanical failure. If a brake system, steering component, or tire was defective, the manufacturer or a parts supplier could be liable under product liability laws.
Common examples:
Faulty brakes
Defective tires that blow out
Malfunctioning lights or sensors
In these cases, accident reconstruction experts and maintenance logs play a critical role in tracing the root cause.
4. Third Parties (Other Drivers, Mechanics, or Loaders)
Commercial vehicle crashes can be caused — or worsened — by other entities, such as:
A mechanic who performed negligent repairs
A third-party cargo company that improperly loaded the truck, causing imbalance
Another driver who triggered a chain-reaction accident
These third parties might share partial or full responsibility depending on the evidence.
Why Liability Matters
Identifying the right liable party is essential for two big reasons:
It determines who pays for your damages — medical bills, lost wages, vehicle repairs, and pain and suffering.
It helps ensure justice is served, especially if negligence or corporate misconduct played a role.
In many cases, victims can file claims against multiple parties, which increases the chances of full compensation — but also requires detailed legal and investigative work.
Understanding the cause of the crash is often the key to uncovering liability. Common causes include:
Driver Fatigue: Long hours on the road can impair reaction times.
Improper Loading: Unbalanced cargo can make a truck more likely to roll over.
Poor Vehicle Maintenance: Worn brakes or tires increase the risk of mechanical failure.
Distracted Driving: Texting, eating, or fiddling with GPS systems are frequent contributors.
Weather Conditions: Snow, rain, and ice pose unique risks—especially in states like Nebraska.
Imagine this: A local bakery’s delivery van slams into a sedan. The sedan’s driver suffers a head injury. Upon investigation:
The van driver was speeding to meet a tight delivery deadline.
The vehicle hadn’t been serviced in over a year.
A mechanic had overlooked serious brake issues.
Who’s liable?
The driver for reckless behavior.
The bakery for failing to maintain the vehicle.
The mechanic if faulty servicing played a role.
In situations like these, victims often seek the help of car wreck attorneys to hold all responsible parties accountable.
Building a strong claim requires careful documentation and expert support. Key steps include:
Gathering Evidence: Police reports, dashcam footage, and eyewitness accounts.
Hiring Experts: Accident reconstruction professionals can help clarify fault.
Reviewing Records: Vehicle maintenance logs, driver logs, and employer safety policies.
Documenting Medical Issues: Especially for serious injuries like head or brain trauma.
Depending on the circumstances, victims may be eligible for a variety of damages, including:
Medical expenses (past and future)
Lost wages or reduced earning capacity
Property damage
Pain and suffering
Punitive damages (in cases of gross negligence)
If a loved one passed away due to the accident, wrongful death attorneys can help your family pursue justice.
To protect your rights and maximize your compensation, steer clear of these pitfalls:
Skipping Immediate Medical Attention: Some injuries—like head trauma—don’t show symptoms right away.
Speaking to Insurance Adjusters Alone: Their goal is to minimize your claim. Always speak with a lawyer first.
Waiting Too Long to Act: Nebraska’s statute of limitations places a strict deadline on filing a claim.
Navigating a commercial vehicle accident claim on your own can be overwhelming. An experienced attorney can:
Conduct a thorough investigation
Handle negotiations with insurance companies
Represent you in court if needed
Ensure you receive the full compensation you’re entitled to
In Omaha and throughout Nebraska, Inkelaar Law is known for delivering results in even the most complex accident cases.
At Inkelaar Law, we specialize in commercial and personal vehicle accident claims. Our team of Omaha-based attorneys brings years of experience, compassion, and aggressive representation to the table.
We’ve helped clients recover from devastating:
Semi-truck crashes
Delivery vehicle accidents
Construction vehicle incidents
Head injuries and long-term trauma
Whether you’re looking for the best car accident attorney near you, exploring your legal rights, or ready to take action—we’re here to help, every step of the way.
Don’t face the aftermath of a commercial vehicle accident alone. If you or a loved one has been injured, now is the time to speak with a trusted legal team.
Call Inkelaar Law today or visit our website to schedule your free consultation. Let our accident lawyers in Nebraska fight for the justice and compensation you deserve.
Disclaimer: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. For specific legal advice, please consult with an attorney who is qualified to handle your case.
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