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 properly maintained, something can go wrong while it’s on the road. A collision can result from any breakdowns experienced while the vehicle is being driven.
- Overloaded Cargo – Cargo 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 much 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 exhausted.
- Negligence – Failing to pay attention to the road and their environment could lead a truck driver to cause an crash. They may end up impacting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t identify them in time.
- Rushing – Hurrying to get to the next location can lead to severe 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 – commercial transport truck drivers who are under the influence of drugs or alcohol can end up causing an accident. 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
Afflicted 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 medical practitioner as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not obvious immediately after the crash, but that can cause potential pain and suffering. If the victim does not see the medical practitioner soon after the accident, it can also become more difficult to confirm the injuries were experienced in the accident. The duration of time between the accident and the medical care could be seen as proof that the injuries happened elsewhere, but the victim is attempting to claim it as part of compensation for the accident to avoid having to pay those bills out of pocket. This isn't always the case, but it is what insurance companies will say to try to decrease their liability.
Who is Liable for the Accident?
Liability is a complex topic for commercial vehicle accidents. The driver is not always going to be the responsible party. Instead, it could also be individuals involved in the servicing or use of the vehicle. A legal representative is often needed to decide who the liable party is for any commercial vehicle accident.
- Manufacturer – If a deficiency in the vehicle leads to an crash, it may be possible to hold the manufacturer liable for any injuries sustained. 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 responsible if they did not do a repair properly or missed repairs that were needed to keep the vehicle in appropriate running condition.
- Employer – An employer who pushes the driver to meet unobtainable standards or to drive more than what’s allowed before a break may be accountable for any injuries if a wreck 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 serviced, the owner may be the accountable party.
- Other Drivers – If the incident is caused by another driver, they would be liable for the accident, even if it includes a commercial vehicle. If another individual swerves in front of a truck and the truck cannot stop in time, it could cause a multi-car accident. The driver who swerved would be responsible 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 accept. It is never a good idea to accept the first settlement offer without advice from a lawyer. Insurance companies want to minimize 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 accountable party later.
In lieu of accepting the first settlement, victims can work with a law firm to negotiate a higher amount. The higher dollar amount will be more likely to include all accident-related bills, 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 lasting injuries.
Avoid Typical Errors After a Commercial Vehicle Accident
After a vehicle accident, it is important to know what to do and what not to do. Try to avoid all of the following if you’re in a commercial vehicle accident.
- Avoid taking Fault – Many people will automatically apologize after an accident, even if the accident wasn’t their mistake. Avoid doing this and avoid saying something 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 Low Settlement – Make sure any settlement offer taken is going to be enough to cover the economic aspects of the accident. Accepting a low settlement means any other bills 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 provider at the same time. This often leads to mistakes like accepting a low settlement. Instead, work with a law professional 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 few 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 beneficial idea. Commercial truck accidents can be incredibly elaborate and it can be difficult to obtain compensation without the right support. Plus, there isn’t a disadvantage to working with a legal representative. Commercial vehicle accident attorneys work on a contingency basis. This means victims don’t need to pay upfront for legal expertise and only pay the law firm if the case is won. The sum of money needed to cover legal fees 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 included.
If you’ve been in an incident involving a commercial car or truck, talk to a legal representative to learn more about the help available for your claim. You may be owed a lot 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 recovery. Contact us today to set up a appointment and learn more about your case.
FAQs About Commercial Automobile Accidents
Commercial vehicle accidents can lead to significant injuries and damages, so working with a law firm is advised. Still, you may have some questions before the appointment. 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 Automobile?
Commercial vehicles are those employed to move people or products 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 place or to move merchandise from one place to another, it is considered a commercial van, no matter how big or small it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is different, so it’s hard to say precisely how much a case is worth without looking at the specifics. Compensation can cover all expenses 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 Accident?
Beyond coverage for accident-related costs, there are other types of compensation victims can get, including punitive damages. These are typically awarded 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 forcing drivers to drive more per day or missing required maintenance on a vehicle, the victim may be awarded punitive damages as a consequence 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 lawsuit can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle accidents can be difficult. The liable party for a commercial vehicle accident can be the driver, their boss, 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 victims to have a lawyer for these cases due to their difficulty. On top of this, it’s better to have a lawyer handle all of the legalities so you can focus on recouping from your injuries. They’ll help with each part of the case to enable you to get a higher settlement that will cover any bills from the incident.
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 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 appointment.
Do I Need to Recoup Before Seeking Compensation?
No, it is not necessary to fully recover from your traumas before filing a claim. There is a statute of limitations of two years for filing a suit, and you may still be recovering from severe injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain current as well as potential medical bills to help with your recovery.
How Do I Show Who Caused the Accident?
Determining liability can be complex and involves taking a close look into how the crash occurred. At first view, it may seem like the driver made a miscalculation. When the truck is scrutinized, however, it may show the operator tried to control the truck but was unable to avoid an incident due to a defect or other issue. Evidence for how the crash occurred can be used to show who is liable for this type of accident.
What Do I Need Before Talking to a Legal Representative?
Before talking to a lawyer, 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 costs or receipts from the accident. It’s also a good idea to have pay slips on hand to show how much money was lost due to recovering from the accident or what may be lost if you cannot get 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 meeting, but this information, if it’s available, will give them a good starting point on the case.
What Evidence is Needed for My Claim?
This depends on how contested the case is and how challenging it may be to prove accountability. Each case is different and the evidence available can vary. 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 intricacy of commercial vehicle accidents, 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 complete amount. If the claim 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?
The majority of cases do not ever make it to trial. It is time intensive and expensive to go to trial, so it is something that should be avoided if possible. In the lions share of cases, a settlement is agreed on before the case 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 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 crash, take the time to talk to a lawyer about your case and learn more about whether you can obtain settlement for your injuries. Call us today to set up a appointment and get more specific details about your situation and what you can anticipate moving forward.
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