Common Causes of Commercial Vehicle Accidents
There are many different reasons a commercial driver may end up in an accident. Some of these include the following.
- Mediocre Maintenance – If the truck isn’t precisely maintained, something can go wrong while it’s on the road. A crash can result from any breakdowns experienced while the van is being driven.
- Overloaded Cargo – freight that is too heavy for the truck or that is not loaded properly can lead to an accident. It’s possible for the truck to experience a problem due to a heavy load or to tip if the cargo is not balanced.
- Fatigue – Commercial drivers have limitations on how much they can drive per day. If they’re forced to drive further or attempt to drive more than what’s allowed to stay on schedule, they could fall asleep at the wheel or make mistakes because they’re tired.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an accident. They may end up hitting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t detect them in time.
- Rushing – Speeding to get to the next location can lead to major crashes because the driver is not paying attention like they should and making choices like going through a yellow light to make a better time.
- Driving Under the Influence – 18 wheel truck drivers who are under the influence of drugs or alcohol can end up causing an crash. This includes prescription medicines that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a servicing issue, environmental concerns, or any other reason, it could lead to an accident.
What to Do After an Accident
Affected individuals of a truck accident will want to seek medical attention as soon as possible. If emergency medical care is not required, the victim should still see a medical doctor as soon as possible, preferably within the next handful of days. The victim could have hidden injuries that are not obvious immediately after the collision, but that can cause potential pain and suffering. If the victim does not see the medical doctor soon after the accident, it can also become more difficult to show the injuries were sustained in the accident. The length of time between the accident and the medical care could be seen as evidence that the injuries happened elsewhere, but the victim is trying to claim it as part of compensation for the accident to avoid having to pay those costs out of pocket. This isn't always the case, but it is what insurance companies will say to try to minimize their liability.
Who is Liable for the Accident?
Liability is a complex topic for commercial van accidents. The driver is not always going to be the accountable party. Instead, it could also be individuals involved in the servicing or use of the vehicle. A lawyer is often needed to identify who the liable party is for any commercial car or truck accident.
- Manufacturer – If a imperfection in the vehicle leads to an accident, it may be possible to hold the manufacturer responsible for any injuries experienced. Defects can be in any component of the vehicle, from the engine to the tires.
- Mechanic – The auto mechanic who worked on the vehicle could be held responsible if they did not do a repair effectively or missed repairs that were needed to keep the vehicle in appropriate running condition.
- Employer – An employer who forces the driver to meet unobtainable standards or to drive more than what’s permitted before a break may be liable for any injuries if a collision occurs.
- Truck Owner – The vehicle may not be actually owned by the truck driver. If this is the case and the truck is not properly repaired, the owner may be the responsible party.
- Other Drivers – If the incident is caused by another driver, they would be accountable for the accident, even if it includes a commercial vehicle. If another motorist swerves in front of a truck and the truck simply cannot stop in time, it could cause a multi-car accident. The driver who swerved would be accountable in that situation.
The Right Settlement to Accept
When affected individuals can obtain compensation for this type of accident, they’ll need to know what settlement to accept. It is never a good idea to accept the first settlement offer without assistance from a lawyer. Insurance companies want to minimize the amount they pay out, as they cannot be profitable if they always pay out the highest amount for every claim. So, the first settlement offer will be lower than what the sufferer may be entitled to for their injuries. If this settlement is approved, the victim cannot get more money from the accountable party later.
In lieu of accepting the first settlement, victims can work with a lawyer to negotiate a higher amount. The higher amount will be more likely to include all accident-related costs, such as medical bills, damaged products, lost wages, and more. It’s also likely the increased settlement offer will include non-quantifiable damages, such as loss of satisfaction of life if the victim suffered long-term injuries.
Avoid Common Errors After a Commercial Vehicle Accident
After a truck accident, it is important to know what to do and what not to do. Refrain from all of the following if you’re in a commercial van accident.
- Avoid Accepting Fault – Many people will immediately apologize after an accident, even if the accident wasn’t their responsibility. Avoid doing this and avoid saying anything to the insurance company involved that could be construed as an admission of fault. Doing so could mean being unable to obtain payment for the accident.
- Avoid Accepting a reduced Settlement – Make sure any settlement offer taken is going to be enough to cover the monetary aspects of the accident. Accepting a low settlement means any other expenditures will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s difficult to recover from an incident and go up against the insurance company at the same time. This often leads to errors like accepting a low settlement. Instead, work with a law firm and let them handle the insurance firm.
- Avoid Waiting for Medical Care – As mentioned, it’s never a good idea to put off medical care. If emergency care isn’t required, see a doctor within the next couple days.
Is It A Good Idea to Hire a Lawyer?
The law doesn’t require victims to hire a lawyer, but it’s always a very good idea. Commercial truck accidents can be incredibly complex and it can be difficult to obtain compensation without the right support. Plus, there isn’t a disadvantage to working with a lawyer. Commercial vehicle accident legal professionals work on a contingency basis. This means victims don’t need to pay upfront for legal services and only pay the law firm if the case is won. The amount of money needed to cover legal expenses is included with other types of compensation demanded in a settlement. So, the victim still receives the money needed to fiscally recover from the accident and the lawyer’s fees will be taken care of.
If you’ve been in an incident involving a commercial car or truck, talk to a law firm to learn more about the help available for your case. You may be owed more compensation than you realize and a lawyer can help ensure you get as much money as possible for the crash. They can also help deal with the legalities of obtaining compensation while you focus on healing. Contact us today to set up a meeting and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle collisions can lead to serious injuries and damages, so working with a legal representative is advised. Still, you may have some questions before the appointment. Read below to learn more about these situations and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Truck?
Commercial vehicles are those employed to move people or merchandise from place to place. They can include semi-trucks, multipurpose vehicles, passenger vehicles, pickup trucks, buses, and more. If the vehicle can be paid to take someone to another location or to move goods from one place to another, it is considered a commercial vehicle, no matter how large or small it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is totally different, so it’s hard to say precisely how much a case is worth without looking at the facts. Compensation can cover all costs relating to the accident, such as medical bills, property damages, and lost wages, as well as non-quantifiable or punitive damages. A lawyer can review the case and let you know how much the case may be worth.
Will I Receive Punitive Damages for the Collision?
Beyond coverage for accident-related bills, there are other types of compensation victims can obtain, including punitive damages. These are typically granted in cases where the judge wants to stop the same thing from happening in the future. If someone took a shortcut, whether that’s forcing drivers to drive more per day or missing required maintenance on a van, the victim may be awarded punitive damages as a penalty toward the liable party.
Who Do I Sue for Compensation?
The party sued for compensation is considered the responsible party. It is important to get this right, as the case can get thrown out if it’s against the wrong party. Sadly, determining liability for commercial vehicle incidents can be difficult. The liable party for a commercial truck accident can be the operater, their employer, the truck owner, the manufacturer, or someone else involved with the car or truck.
Do I Need a law firm for a Commercial Vehicle Accident?
It is absolutely recommended for sufferers to have a lawyer for these situations due to their intricacy. On top of this, it’s better to have a lawyer manage all of the legalities so you can focus on recovering from your injuries. They’ll help with each part of the suit to enable you to get a higher settlement that will cover any expenditures from the incident.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay unless they win the claim. If they do obtain a payment for you, the legal fees are taken care of in the settlement, so it won’t cost you anything out of pocket. You can learn more about how this works at the meeting.
Do I Need to Recoup Before Seeking Compensation?
No, it is not essential to fully recover from your traumas before filing a claim. There is a statute of limitations of two years for filing a legal claim, and you may still be recovering from major injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain up-to-date as well as potential medical bills to help with your recuperation.
How Do I Prove Who Caused the Accident?
Determining responsibility can be complex and involves taking a close look into how the accident occurred. At first view, it may seem like the driver made a miscalculation. When the truck is examined, however, it may show the driver tried to control the vehicle but was unable to avoid an incident due to a defect or other issue. Evidence for how the collision occurred can be used to show who is responsible for this type of accident.
What Do I Need Before Talking to a Law Firm?
Before talking to a legal representative, write down as much as possible about what took place to cause the crash. Gather any medical bills that have already been received as well as expenses or receipts from the accident. It’s also a good idea to have pay statements on hand to show how much money was lost due to recuperating from the accident or what may be lost if you cannot go back to work in the same capacity. The lawyer can help gather facts as well as let you know if anything else is needed during the consultation, but this information, if it’s available, will give them a good start on the case.
What Evidence is Needed for My Case?
This is dependent on how contested the case is and how difficult it may be to prove responsibility. Each case is different and the proof available can fluctuate. A lawyer can help gather as much evidence as possible and figure out what else may be needed if it isn’t supplied yet.
When Can I Obtain the Settlement?
Due to the complexity of commercial vehicle crashes, it can take a while to agree on a settlement with the accountable party. Then, the liable party does have some time to pay out the full amount. If the suit goes to trial, it’s going to take longer to obtain a settlement. A legal representative can provide some insight into how long it may take to receive money and what could cause a delay.
Will The Case Go to Trial?
Many cases do not ever make it to trial. It is time-consuming and expensive to go to trial, so it is something that should be avoided if you can. In the lions share of cases, a settlement is agreed on before the case reaches the courts. If an settlement cannot be made, a commercial van accident case can go to court. Even then, it’s still possible to accept a settlement. If the trial continues, the judge will establish how much compensation the sufferer can receive.
If you’ve been in a commercial vehicle accident, take the time to talk to a lawyer about your case and learn more about whether you can obtain payment for your injuries. Call us today to set up a meeting and get more specific details about your situation and what you can anticipate moving forward.
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