If a contractor’s pickup truck hits your car in Texas, payment may come from the at-fault driver’s auto insurance, a commercial policy, or another applicable insurance policy. A business may also be legally responsible in some cases if the driver was acting on its behalf at the time of the collision.
Determining who pays requires looking at who caused the crash, who owned the truck, why the driver was using it, and what insurance was in effect.
A Houston commercial truck accident lawyer can review the available coverage and determine which parties may be responsible for your losses.
Whose Insurance Pays When a Contractor Hits Your Car?
If the contractor caused the collision, the contractor’s liability insurance is one potential source of compensation. The specific policy that applies will depend on how the truck was insured and whether it was being used for personal or business purposes.
A contractor may have a personal auto policy, commercial auto coverage, or both. If the pickup belongs to a company, insurance covering that vehicle may also apply.
You should not assume that the first insurer you contact is the only source of coverage. The ownership and use of the truck can affect which policies must be reviewed.
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Can a Company Be Liable When a Contractor’s Pickup Hits Your Car?
Possibly. Company liability for a contractor‘s pickup truck accident depends on the legal relationship between the driver and the business and the circumstances of the trip.
Texas courts consider the right to control the driver’s work when determining whether an employment or agency relationship supports vicarious liability. The fact that someone is called an independent contractor does not always resolve the issue on its own.
A company may be more likely to face liability when the evidence shows that it had the right to control the driver’s work and the driver was carrying out duties for the company when the crash occurred. Texas law also recognizes circumstances in which a party that retains control over an independent contractor’s work may be held liable for negligence related to that control.
What If the Contractor Was Driving a Personal Pickup for Work?
If the contractor was using a personal truck for work, it does not automatically prevent you from recovering compensation. It may, however, raise questions about which insurance policy covers the crash.
For example, the insurer may examine why the driver was on the road. Evidence that the contractor was transporting materials, making an assigned delivery, or performing another work-related task can help establish the purpose of the trip.
The terms of the applicable insurance policies also need to be reviewed. Coverage cannot be determined solely from the fact that the contractor owned the pickup.
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What If the Pickup Truck Belonged to the Company?
If a business owns the pickup, its commercial auto policy may be an important source of coverage. Vehicle ownership alone, however, does not establish that the company caused the crash or is legally responsible for the driver’s negligence.
The investigation should address who was driving the vehicle with permission, why the truck was being used, and what coverage applied at the time.
If the company failed to properly maintain the truck and a mechanical problem contributed to the collision, the company’s own conduct may also become relevant.
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What If the Driver Says They Were Not Working at the Time?
A driver’s statement that the trip was personal does not necessarily settle who is responsible for a contractor truck accident.
Other evidence may show what the driver was actually doing. Relevant records can include:
- Work schedules.
- Job assignments.
- Invoices and receipts.
- Text messages with a supervisor or customer.
- GPS or location information.
- Records showing tools, equipment, or materials being transported.
- Witness statements.
These records may help establish whether the trip was connected to the contractor’s work or was purely personal.
Can Your Own Car Insurance Pay for the Accident?
Your own auto coverage may provide benefits in some situations while liability is being resolved. For example, collision coverage may pay for covered vehicle damage subject to the terms of your policy. Personal injury protection may provide benefits for certain medical expenses and lost income if you carry that coverage.
Uninsured or underinsured motorist coverage may also become relevant if the responsible driver has no insurance or does not have enough coverage for your damages. Texas law provides for uninsured and underinsured motorist coverage unless it has been rejected as permitted by law.
Using your own coverage does not necessarily prevent a claim against the person or business responsible for the crash.
What Compensation Can You Seek After a Contractor Truck Accident?
If another party’s negligence caused your injuries, you may be able to seek compensation for the losses resulting from the collision.
Depending on your case, recoverable damages may include:
- Medical expenses.
- Future medical treatment.
- Lost wages.
- Loss of earning capacity.
- Physical pain.
- Mental anguish.
- Physical impairment.
- Vehicle and other property damage.
The amount you can recover depends on your injuries, the evidence of fault, and the damages you can prove.
When Should You Take Legal Action After a Contractor Truck Crash?
In Texas, you generally have two years to file a personal injury lawsuit after a vehicle crash. That deadline can change in some situations, so it is better to confirm the filing date based on the facts of your case.
Contractor truck claims can involve business records that help show whether the driver was working at the time of the collision. Job assignments, invoices, vehicle records, and insurance documents may become harder to obtain over time.
If you believe a contractor or business may be responsible for your injuries, speaking with a lawyer early can help protect your claim and identify the records that may need to be preserved.
Speak to a Lawyer to Determine Who Pays for a Contractor Truck Crash
Attorney Brian White Personal Injury Lawyers has more than 20 years of experience representing injured people. Our founding attorney is board-certified in personal injury trial law, and we are prepared to take cases to court when an insurance company refuses to offer fair compensation.
Contact us today for a free consultation about your accident claim.
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