Was I Struck By A Commercial Motor Vehicle?

If you are involved in a road accident in Florida with a commercial vehicle, and you suspect that the other driver was negligent in causing your injuries, you may decide to file suit against them and/or their employer. That said, it is important to keep in mind that not every vehicle owned by a commercial enterprise qualifies as a “commercial motor vehicle” (CMV) under state or federal law. While the status of the vehicle does not affect your right to sue, it can sometimes make your burden of proof much easier to meet at trial.

Different Laws Have Different Definition

Both federal regulations and Florida state law define a CMV differently. Federal Motor Carrier Safety Administration (FMCSA) regulations qualify a vehicle as a CMV if:

• It is a self-propelled (or towed) vehicle, used on a highway;
• The vehicle is used in interstate commerce (transporting passengers or cargo); and
• It weighs 10,001 pounds or more; or
• It transports 8 or more passengers for compensation (or 15 or more for free); or
• Is used in transporting hazardous materials that require a placard.

A vehicle must meet the first two criteria, and must meet at least one of the last three. Florida’s law, by comparison, requires a vehicle to be much heavier (26,001 pounds or more), and mandates that it uses “special” or “motor” fuel on highways. Nonetheless, it is clear that these criteria exclude many commercial vehicles, so it is important to classify the vehicle involved in your accident correctly.

Why Does This Matter?

One might wonder why the exact status of a CMV would matter; if a vehicle’s driver is negligent, an injured plaintiff will generally have the right to seek damages from them (or from their Florida personal injury protection insurer, if their injuries are relatively minor). The reason why status can make a difference is a concept known as negligence per se. Negligence per se is a theory that holds that if a person breaks a law designed to protect a specific class of people by injuring one of that class, they are negligent as a matter of law – that is, the plaintiff does not have to establish negligence from the ground up.

For example, if a person drives their vehicle under the influence of drugs or alcohol, and injures another driver, the intoxicated driver has broken a traffic law designed to protect other road users by injuring a road user. In this case, the intoxicated driver is negligent as a matter of law – the injured plaintiff does not have to build a chain of evidence demonstrating that fact; the court simply accepts it. If you are injured in a CMV accident, and the driver was not obeying FMCSA or Florida rules, negligence per se may apply in your case.

Call A Tampa CMV Accident Attorney

Being injured in an accident with a CMV can be a life-changing event. An injured plaintiff often needs all the help they can get in order to hold a negligent driver liable. A Tampa CMV accident attorney from the Rinaldo Law Group can help you get the compensation you deserve for the harm you have suffered. Call our office today to schedule a free consultation.

Source:

law.cornell.edu/cfr/text/49/390.5