Commercial Motor Vehicle Status May Change Your Case

In general, any vehicle that is operated for a commercial purpose can be colloquially referred to as a commercial vehicle or commercial motor vehicle (CMV). However, both state and federal authorities specifically define the term in ways that are similar, but different. If you are ever involved in an accident with a CMV, knowing whether the vehicle actually is a CMV can make a difference in terms of trying to hold them accountable. Understanding the different definitions can be a big help.

“One” Versus “All”

Both the state and federal definitions of a CMV speak to weight, but beyond that, different criteria are singled out. If one examines the definition put forth by the Federal Motor Carrier Safety Administration (FMCSA), they see four different criteria, any one of which qualifies the vehicle as a CMV. If the vehicle meets the weight threshold (or operates in tandem with other vehicles to meet the other weight threshold), if the vehicle carries a certain number of passengers, or if the vehicle is placarded and carrying hazardous waste, it qualifies.

Florida’s definition, meanwhile, contains three criteria which all (except one) must be met by a vehicle in order to qualify as a CMV by state standards: (1) weighing 26,001 pounds or more or having 3 or more axles; (2) using “special fuel or motor fuel” on public highways; and (3) not being owned or operated by a governmental entity. As one can see, the state definition is far more limited in terms of which vehicles fall into this category.

Why Does It Matter To Me?

If someone has been in an accident with a vehicle they believe is a CMV, they may wonder why it matters what classification the vehicle has. The answer is that CMVs and their drivers are held to more stringent standards than ordinary drivers, and establishing that they did not meet the standards can help your case significantly. For example, if a CMV driver has driven longer than their Hours of Service regulations allow, that may be found negligent in itself, leading a jury to be more likely to find them liable for the accident.

While not every mistake a CMV driver makes will help your case, some will mean they may be found negligent as a matter of law – in other words, the court will find them negligent without any need for deliberation on the facts. Generally, if a driver breaks a rule designed to protect a class of people – say, other drivers – this principle is likely to trigger, saving you and your attorney time and trouble in building a case.

Contact A Tampa Commercial Vehicle Accident Attorney

If you are involved in a crash with a large vehicle you believe may be a CMV, know that the vehicle’s classification can matter – and in rare cases, can make establishing negligence easier. A Tampa commercial motor vehicle accident attorney from the Rinaldo Law Group will help you determine what your options are after the crash, and will work hard to try to get you the outcome you deserve. Contact our office today to schedule a free consultation.

Source:

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