Commercial Motor Vehicles Other Than Tractor-Trailers
Most people think of commercial motor vehicles as large trucks or buses. In reality, the definition of a CMV will vary between federal regulations and the various state definitions, and very often, smaller vehicles than tractor-trailers will qualify. If you have been injured in an accident involving a commercial vehicle, it is important to ascertain whether or not it is a CMV – but whether it is or not, contacting a personal injury attorney is generally a good idea.
Which Commercial Vehicles Qualify As CMVs?
A commercial motor vehicle is a specific class of vehicle that is subject to heightened safety regulations from federal and/or state authorities. The most common example would be a tractor-trailer, but several types of cars and trucks may qualify under federal or state criteria. Florida’s definition of a CMV, for example, establishes fairly strict criteria, requiring a vehicle to weigh 26,001 pounds or more or have three or more axles. The definition propagated by the Federal Motor Carrier Safety Administration (FMCSA), however, only mandates a weight of 10,001 pounds or more, plus certain other characteristics.
One might question which definition to use when, and the answer has to do with the nature of the travel that the commercial vehicle is undergoing. For example, if a commercial vehicle is involved in an accident while engaged in interstate commerce, the federal definition of a CMV will be the one to apply. If the vehicle is only engaged in commerce within the state of Florida, it will be the Florida definition that will carry the day.
Why Differentiate?
While it may seem like hair-splitting to differentiate between CMVs and ordinary commercial vehicles, the reason to do so is the legal obligations in the event of an accident. An accident involving a commercial vehicle like a delivery truck will not trigger the same liabilities that an accident involving a CMV often will, not least of all because commercial motor vehicle companies are more likely to be judged vicariously liable for the actions of their drivers, while a smaller accident case may be settled between the two individuals involved.
Vicarious liability is a legal theory stating that if an employee was acting within the scope of their employment when a tort (essentially, a civil crime) was committed, their employer is also on the proverbial hook. It can sometimes be difficult to determine if an employee was ‘acting within the scope of their employment,’ but with commercial drivers, they are very often doing so, simply because their job is to operate their vehicle. If an injured plaintiff can establish this, it can be easier to establish liability in general.
Contact A Tampa CMV Accident Attorney
No one ever expects to be involved in a road accident, but they do happen, and if a commercial motor vehicle is involved, obtaining damages can be more complex than they would be with another private driver. A Tampa CMV accident attorney from the Rinaldo Law Group can help evaluate your options, and give you the best chance to obtain the damages you deserve. Call our office today to schedule a free consultation.
Source:
fmcsa.dot.gov/faq/what-difference-between-commercial-motor-vehicle-cmv-and-non-cmv
