Does Your Business Drive Commercial Motor Vehicles?

The average person tends to think of any vehicle larger than a standard car or truck as a commercial motor vehicle (CMV), when in reality, both the states and the U.S. federal government define a CMV as one of a specific group of conveyances. While the classification or definition of a vehicle may not matter in a standard road encounter, it can make a difference if one is involved in an accident.

State vs Federal

There are not many differences between the two definitions, but the ways they differ are notable. For example, Florida defines a commercial motor vehicle as any vehicle that (1) is not owned or operated by a governmental entity; (2) uses “special fuel or motor fuel” while on public highways; and (3) has a gross vehicle weight of 26,001 pounds or has three or more axles, regardless of weight.

By comparison, the federal definition applies to a vehicle if it meets one or more of the criteria listed in the relevant statute. A vehicle is a CMV under federal law if it (1) has a gross vehicle weight rating of 10,001 pounds or more; or (2) is “single or a combination of vehicles” weighing 26,001 pounds or more; or (3) designed to transport 8 or more passengers for compensation or 15 or more for free; and/or (4) transports hazardous materials that require a placard under U.S. law.

Why Two Definitions?

One might wonder why the states and the federal government have two different definitions for the same term. The reason is that states and the federal government regulate different types of commerce. Each state governs intrastate commerce (that is, commerce within its borders), while the federal government oversees interstate commerce (between the states), and thus can stick to state law or federal law when trying to navigate a civil matter or a criminal case.

If you have been involved in an accident with one of these vehicles, it is likely that your injuries are severe. You have the right to seek damages if you believe that negligence played a role – and, if the vehicle was a CMV, you will likely be able to file suit against not only the driver, but their employer as well. The right attorney on your side can help ensure that you get the compensation you deserve.

Call A Tampa Commercial Vehicle Accident Attorney

Being involved in an accident with a commercial motor vehicle can change a person’s whole life, but it can be hard to know who might be held liable (if anyone). A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help answer questions about your case, and try to guide you through the legal process. Contact our office today to schedule a free consultation.

Source:

flsenate.gov/laws/statutes/2011/320.01