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The factors that determine whether the at-fault truck that acquired a serious crash may exist considered a commercial vehicle include: (ane) the truck's weight or weight rating; (ii) the weight or weight rating of the vehicle being towed; (3) whether it is designed to transport passengers; and (4) whether information technology transports hazardous materials.

For lawyers like me and my colleagues at Michigan Automobile Police force who specialize in treatment truck blow cases for people who have been injured, it is crucial to exist able to determine whether the at-error truck that caused a crash is a commercial car.

If it is, then the liability insurance coverage available to pay for the pain and suffering bounty and economic damages owed to a truck crash victim will exist at to the lowest degree $750,000 whereas the minimum liability coverage for a non-commercial automobile may be as low as $50,000.

This makes an enormous difference to victims and their families as they are trying to rebuild their lives after the tragedy of being injured in a truck crash.

A lawyer who is handling a serious injury or wrongful death instance that does non determine if the at-fault truck is a commercial automobile – and erroneously the treats the truck equally an ordinary motor vehicle – is making an enormous and costly mistake that can go out hundreds of thousands of dollars (or more) on the settlement tabular array.

In improver to hurting the victim and the victim's family unit past depriving them of compensation and amercement they were entitled to and should have been recovered, the lawyer has probable hurt him- or herself considering missing the fact that an at-mistake truck is considered a commercial vehicle is probably legal malpractice.

The fact that an at-fault truck was a commercial automobile likewise affects the safety rules that the truck driver and the motor carrier were required to follow – such as the cell phone policy for CDL drivers – which helps place the ways in which the negligence of the commuter or the carrier caused the injuries or deaths that resulted from the crash.

What is a commercial truck?

A commercial truck is a vehicle used interstate or intrastate commerce: (1) with a gross combination weight or weight rating or a gross vehicle weight or weight rating of more than 10,000 or 26,000 pounds; (two) designed to transport more than than 8 passengers (for compensation) or 15 (without compensation); or (3) that transports hazardous materials.

The types of commercial trucks that most people recollect of include: (1) semi-trucks; (2) tractor-trailers; (3) eighteen-wheelers; (four) big-rigs; (5) delivery vehicles; (half-dozen) freight trucks; (seven) dump trucks; and (8) Mack trucks; and (9) bucket trucks.

But commercial trucks also come up in smaller sizes such as delivery trucks, large vans and buses.

Determining whether a truck is considered a commercial vehicle

To determine whether a truck is considered a commercial vehicle, a truck accident chaser must always investigate and identify the gross combination weight or weight rating and/or the gross vehicle weight or weight rating of the tractor and any trailer that is beingness hauled. This will let you lot know if you lot are dealing with "semi-truck" or "coach."

Gross combination weight rating is a determining gene

A "combination vehicle" that is used "in interstate, foreign, or intrastate commerce" to "transport passengers or property" and has "a gross combination weight rating or gross combination weight of . . . 26,001 pounds or more" including "a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than . . . 10,000 pounds" is determined to be a commercial automobile. (49 CFR § 383.5, Definitions, Commercial Motor Vehicle, subsection (1); 49 CFR § 383.3, Applicability, subsection (a); MCL 257.7a(1)(c))

Also, a "self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property" and has a "gross combination weight rating" or a "gross combination weight" of "10,001 pounds . . . or more" is considered a commercial vehicle. (49 CFR § 390.5T, Definitions, Commercial Motor Vehicle, subsection (1))

Gross vehicle weight rating is a determining factor

A "heavy straight vehicle" that is used "in interstate, foreign, or intrastate commerce" to "transport passengers or property" and has "a gross vehicle weight rating or gross vehicle weight of . . . 26,001 pounds or more" is considered a commercial vehicle. (49 CFR § 383.5, Definitions, Commercial Motor Vehicle, subsection (2); 49 CFR § 383.3, Applicability, subsection (a); MCL 257.7a(1)(b))

Also, a "self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property" and has "a gross vehicle weight rating" or a "gross vehicle weight" of x,001 pounds . . . or more" is determined to be a commercial machine. (49 CFR § 390.5T, Definitions, Commercial Motor Vehicle, subsection (one))

Transporting passengers is a determining factor

A "motor vehicle" or a "combination of motor vehicles" that is used "in interstate, foreign, or intrastate commerce" to "transport passengers" and "[i]south designed to transport 16 or more passengers, including the driver" is considered a commercial vehicle. (49 CFR § 383.5, Definitions, Commercial Motor Vehicle, subsection (3)(i); 49 CFR § 383.3, Applicability, subsection (a); MCL 257.7a(one)(a))

Besides, a "self-propelled or towed motor vehicle used on a highway in interstate commerce" that is "designed or used to transport more than 8 passengers (including the driver) for bounty" or that is "designed or used to ship more than than fifteen passengers, including the driver, and is not used to transport passengers for bounty" is adamant to be a commercial automobile. (49 CFR § 390.5T, Definitions, Commercial Motor Vehicle, subsections (2) and (iii))

When a truck blow attorney is evaluating whether the at-fault transportation auto that caused a crash is considered a commercial vehicle, he or she must focus on the number of passengers (including the driver) that the machine was designed to move and whether or not the transportation of passengers was for compensation.

This situation ordinarily arises in cases that involve "jitney" buses, which are typically small buses or vans that transport a limited number of passengers for a low fee. Typically, the industry practise is for jitney drivers to rent the buses or vans from a company for a day.

Transporting hazardous materials is a determining factor

A "motor vehicle" or a "combination of motor vehicles" that is used "in interstate, foreign, or intrastate commerce" to "transport . . . holding" and "[i]southward of whatsoever size and is used in the transportation of hazardous materials" is considered a commercial vehicle. (49 CFR § 383.5, Definitions, Commercial Motor Vehicle, subsection (iii)(2); 49 CFR § 383.3, Applicability, subsection (a) MCL 257.7a(one)(d))

As well, a "self-propelled or towed motor vehicle used on a highway in interstate commerce" that is "used in transporting material constitute by the Secretary of Transportation to exist hazardous" is considered a commercial vehicle. (49 CFR § 390.5T, Definitions, Commercial Motor Vehicle, subsection (iv))

Is a pickup truck a commercial vehicle?

A pickup truck can be considered a commercial vehicle even though it is not a traditional semi-truck or big-rig truck under sure circumstances such as if its weight – including a trailer – exceeds 10,000 or 26,000 pounds.

Why is my truck considered a commercial vehicle?

Your truck may be considered a commercial vehicle if: (one) it is used interstate or intrastate commerce and has a gross combination or gross vehicle weight of more than 10,000 or 26,000 pounds; (2) information technology was designed to ship more than viii or 15 for passengers; or (3) it transports hazardous materials.

Take you been injured past in a crash with a commercial automobile? Telephone call Michigan Auto Law for a free consultation

If you or a loved one was injured in a crash acquired by an at-fault truck that is determined to exist a commercial automobile and you have questions about your legal rights to pain and suffering compensation, economic damages and auto No-Fault insurance benefits, y'all can phone call toll gratis anytime 24/7 at (800) 777-0028 for a free consultation with one of our experienced truck accident attorneys. Y'all can also get assist by visiting our contact page or you tin use the chat feature on our website.