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.
- Low-quality Maintenance – If the truck isn’t properly maintained, something can go wrong while it’s on the road. A wreck can result from any breakdowns experienced while the vehicle 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 failure 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 longer or attempt to drive more than what’s allowed to stay on schedule, they may fall asleep at the wheel or make mistakes because they’re tired.
- Negligence – Failing to pay attention to the road and their environment could lead a truck driver to cause an collision. They may end up hitting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t see them in time.
- Rushing – Hurrying to get to the next location can lead to significant crashes because the driver is not paying attention like they should and making judgments like going through a yellow light to make a better time.
- Driving Under the Influence – commercial transport truck drivers who are under the influence of drugs or alcohol can end up causing an crash. This includes prescribed drugs that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a servicing issue, environmental problems, 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 right away. If emergency medical care is not required, the victim should still see a doctor as soon as possible, preferably within the next handful of days. The victim could have hidden injuries that are not noticeable immediately after the collision, but that can cause long-term 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 experienced 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 liable party. Instead, it could also be anybody involved in the care or use of the vehicle. A legal representative is often needed to decide who the liable party is for any commercial van accident.
- Manufacturer – If a defect in the vehicle leads to an accident, it may be possible to hold the manufacturer accountable for any injuries experienced. Defects can be in any part of the vehicle, from the engine to the tires.
- Mechanic – The repair shop who worked on the vehicle could be held accountable if they did not do a repair correctly or missed repairs that were needed to keep the vehicle in proper 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 wreck occurs.
- Truck Owner – The vehicle may not be owned by the truck driver. If this is the case and the truck is not properly maintained, the owner may be the at fault party.
- Other Drivers – If the crash is caused by another driver, they would be responsible for the accident, even if it includes a commercial vehicle. If another driver 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 victims can obtain compensation for this type of accident, they’ll need to know what settlement to approve. It is never a good idea to accept the first settlement offer without guidance from a lawyer. Insurance companies want to lessen the amount they pay out, as they cannot be profitable if they always pay out the maximum amount for every claim. So, the first settlement offer will be lower than what the victim may be entitled to for their injuries. If this settlement is taken, the victim cannot get more money from the responsible party later.
In lieu of accepting the first settlement, victims can work with a legal representative to negotiate a larger amount. The higher amount of money 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 higher settlement offer will include non-quantifiable damages, such as loss of convenience of life if the victim suffered long-term injuries.
Avoid Typical Errors After a Commercial Vehicle Accident
After a van 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 acknowledging Fault – Many people will automatically apologize after an accident, even if the accident wasn’t their mistake. Avoid doing this and avoid saying things to the insurance company involved that could be construed as an admission of fault. Doing so could mean being unable to obtain compensation for the accident.
- Avoid Accepting a Lower 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 challenging to recover from an accident and go up against the insurance provider at the same time. This often leads to issues like accepting a low settlement. Instead, work with a legal representative and let them handle the insurance provider.
- Avoid Waiting for Medical Care – As mentioned, it’s never a good idea to postpone medical care. If emergency care isn’t required, see a doctor within the next couple of days.
Is It A Good Idea to Hire a Lawyer?
The law doesn’t require victims to hire a legal representative, but it’s always a good idea. Commercial vehicle accidents can be incredibly elaborate and it can be difficult to obtain damages without the right support. Plus, there isn’t a downside to working with a law firm. Commercial vehicle accident attorneys 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 sum 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 financially recover from the accident and the lawyer’s fees will be taken care of.
If you’ve been in an collision involving a commercial vehicle, talk to a law firm to learn more about the help available for your claim. You may be owed more compensation than you realize and a lawyer can help ensure you get as much money as possible for the accident. They can also help deal with the legal aspects of obtaining compensation while you focus on recuperation. Contact us today to set up a consultation and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle crashes can lead to serious injuries and damages, so working with a legal representative is advised. Still, you may have some questions before the consultation. Read below to learn more about these cases and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Vehicle?
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 employed to take someone to another area or to move merchandise from one place to another, it is considered a commercial automobile, no matter how big or compact it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is different, so it’s hard to say exactly how much a case is worth without looking at the facts. Compensation can cover all expenditures relating to the accident, such as medical bills, property damages, and lost wages, as well as non-quantifiable or punitive damages. A legal representative can review the case and let you know how much the claim may be worth.
Will I Receive Punitive Damages for the Collision?
Beyond coverage for accident-related expenses, there are other types of compensation victims can receive, including punitive damages. These are typically granted in cases where the judge wants to prevent the same thing from happening in the longer term. If someone took a shortcut, whether that’s requiring drivers to drive a lot more per day or skipping required maintenance on a vehicle, the victim may be awarded punitive damages as a punishment toward the liable party.
Who Do I Sue for Compensation?
The party sued for compensation is considered the accountable party. It is important to get this right, as the suit can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle crashes can be complex. The liable party for a commercial vehicle accident can be the driver, their company, the truck owner, the manufacturer, or someone else involved with the car or truck.
Do I Need a Lawyer 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 better settlement that will cover any bills from the collision.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay until they win the suit. If they do obtain a settlement for you, the legal fees are covered in the settlement, so it won’t cost you anything at all out of pocket. You can learn more about how this works at the consultation.
Do I Need to Recover 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 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 existing as well as potential medical bills to help with your recovery.
How Do I Prove Who Caused the Accident?
Determining accountability can be complex and involves taking a close look into how the accident occurred. At first look, it may seem like the driver made a miscalculation. When the truck is scrutinized, 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 liable for this type of accident.
What Do I Need Before Talking to a Law Firm?
Before talking to a lawyer, write down as much as possible about what happened to cause the collision. Gather any medical bills that have already been received as well as costs or receipts from the accident. It’s also a good idea to have pay slips on hand to show how much cash was lost due to recovering 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 head start on the case.
What Evidence is Needed for My Case?
This depends on how contested the case is and how tough it may be to prove liability. Each case is different and the facts available can differ. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t readily available yet.
When Can I Obtain the Settlement?
Due to the intricacy of commercial vehicle crashes, it can take a while to come to an agreement on a settlement with the responsible party. Then, the liable party does have some time to pay out the whole amount. If the suit goes to trial, it’s going to take longer to obtain a settlement. A law firm 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?
Most cases do not ever make it to trial. It is lengthy 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 claim reaches the courts. If an arrangement cannot be made, a commercial van accident case can go to court. Even then, it’s still possible to settle. If the trial continues, the judge will decide how much compensation the sufferer can receive.
If you’ve been in a commercial vehicle accident, take the time to talk to a law firm about your case and learn more about whether you can obtain payment for your injuries. Call us today to set up a consultation and get more specific facts about your situation and what you can expect moving forward.
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