Buses As Commercial Motor Vehicles

When someone thinks of a commercial vehicle or commercial motor vehicle (CMV), they tend to think of trucks and other large vehicles that carry cargo. However, many buses also fit this legal metric, both under federal and Florida standards. If you are injured in an accident with a bus, know that while you generally have the right to seek damages for your injuries, not all buses qualify as commercial motor vehicles in a legal sense. The right attorney may be able to clear up any confusion.

Definitions Vary

When trying to determine exactly what constitutes a CMV, one must know which definition will apply. Federal law defines a CMV as a vehicle having a gross weight of 10,001 pounds or more, and either carrying hazardous materials requiring a placard, or carrying passengers: more than 8 passengers for compensation, or more than 15 compensation for free. Florida’s definition, by comparison, requires a vehicle with a gross weight of 26,001 pounds or more, and must explicitly not be owned by a government.

Which definition applies will depend on the court in which the case will be tried. Some types of buses will qualify easily, and some may not – for example, most chartered tour buses weigh an average of 55,000 pounds, but some may be as small as 20,000 – but many buses will not qualify as CMVs on other grounds in Florida. A city bus may qualify under FMCSA rules, but since they are mostly owned by governments, Florida would not place them in that category.

Why Does This Matter?

Since it can be confusing to determine whether or not a vehicle is a CMV, one might wonder why the status matters at all. The reason it matters is because unlike with most standard road accident cases, a crash involving a CMV is far more likely to involve multiple defendants, and as such, has many more moving parts than a case involving a single private defendant. Also, commercial vehicles have slightly different insurance requirements than individuals do in Florida.

For example, if an accident involving a commercial vehicle occurs when a driver is en route to drop off a cargo (or a load of passengers), it is reasonable to assume that the driver may be partially liable for any injuries they cause. However, if the driver is operating within the scope of their employment, there is a reasonable chance that their employer may also be liable, under a theory called vicarious liability. In some cases, even more actors may be on the proverbial hook – for example, poor maintenance may open a repair shop to liability as well.

Contact A Tampa Commercial Motor Vehicle Attorney

If you are involved in an accident with a bus, be advised that if it qualifies as a commercial motor vehicle, filing suit may be more complex than it would otherwise be – but it is still eminently possible to prevail. A Tampa truck accident attorney from the Rinaldo Law Group can help answer your questions about the legal process – call us today to schedule a free initial consultation.

Source:

fmcsa.dot.gov/faq/what-difference-between-commercial-motor-vehicle-cmv-and-non-cmv