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.
- Poor 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 truck 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 failure due to a heavy load or to tip if the cargo is not balanced.
- Fatigue – Commercial drivers have limits 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 may fall asleep at the wheel or make mistakes because they’re fatigued.
- Negligence – Failing to pay attention to the road and their environment 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 – Rushing to get to the next location can lead to major crashes because the driver is not paying attention like they should and making decisions 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 collision. This includes prescribed drugs that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a upkeep issue, environmental issues, or any other reason, it could lead to an accident.
What to Do After an Accident
Victims of a truck accident will want to seek medical attention as soon as possible. If emergency medical care is not needed, the victim should still see a doctor as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not evident immediately after the accident, 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 amount of time between the accident and the medical care could be seen as confirmation 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 bills out of pocket. This isn't always the case, but it is what insurance companies will say to try to reduce their liability.
Who is Liable for the Accident?
Liability is a elaborate topic for commercial car or truck accidents. The driver is not always going to be the responsible party. Instead, it could also be anyone involved in the care or use of the vehicle. A legal representative is often needed to determine who the liable party is for any commercial van accident.
- Manufacturer – If a imperfection in the vehicle leads to an crash, it may be possible to hold the manufacturer liable 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 correctly or missed repairs that were needed to keep the vehicle in ideal running condition.
- Employer – An employer who pushes the driver to fulfill unobtainable standards or to drive more than what’s authorized before a break may be responsible for any injuries if a crash occurs.
- Truck Owner – The vehicle may not be owned by the truck driver. If this is the case and the truck is not properly repaired, the owner may be the liable 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 individual swerves in front of a truck and the truck cannot stop in time, it could lead to a multi-car accident. The driver who swerved would be at fault in that situation.
The Right Settlement to Accept
When sufferers 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 largest amount for every claim. So, the starting settlement offer will be lower than what the recipient 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 law firm to negotiate a higher amount. The higher amount of money 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 improved settlement offer will include non-quantifiable damages, such as loss of satisfaction of life if the victim suffered permanent injuries.
Avoid Often Seen Errors After a Commercial Vehicle Accident
After a van accident, it is important to know what to do and what not to do. Avoid all of the following if you’re in a commercial car or truck accident.
- Avoid acknowledging Fault – Many people will automatically 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 settlement for the accident.
- Avoid Accepting a reduced 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 accident and go up against the insurance provider at the same time. This often leads to errors like accepting a low settlement. Instead, work with a legal representative and let them handle the insurance company.
- 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 lawyer, but it’s always a very good idea. Commercial van accidents can be incredibly sophisticated and it can be difficult to obtain settlement without the right support. Plus, there isn’t a downside to working with a law firm. Commercial vehicle accident lawyers 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 costs is included with other types of compensation requested in a settlement. So, the victim still receives the money needed to financially recover from the accident and the lawyer’s fees will be included.
If you’ve been in an collision involving a commercial vehicle, talk to a legal representative to learn more about the help available for your case. 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 collision. 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 Truck Accidents
Commercial vehicle accidents can lead to significant injuries and damages, so working with a lawyer 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 anticipate when you have a consultation.
What is Considered a Commercial Vehicle?
Commercial vehicles are those hired to move people or goods from place to place. They can include semi-trucks, multipurpose vehicles, passenger vehicles, pickup trucks, buses, and more. If the vehicle can be hired to take someone to another location or to move products from one place to another, it is considered a commercial vehicle, no matter how large or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is completely different, so it’s hard to say how much a case is worth without looking at the specifics. 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 law firm can review the case and let you know how much the claim may be worth.
Will I Receive Punitive Damages for the Accident?
Beyond coverage for accident-related expenses, there are other types of compensation victims can receive, including punitive damages. These are typically given in cases where the judge wants to prevent the same thing from happening in the future. If someone took a shortcut, whether that’s requiring drivers to drive more per day or not having 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 liable party. It is important to get this right, as the suit can get thrown out if it’s against the incorrect party. Unfortunately, determining liability for commercial vehicle collisions can be complex. The liable party for a commercial van accident can be the operater, their company, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is absolutely recommended for victims to have a lawyer for these situations due to their intricacy. On top of this, it’s better to have a lawyer tackle all of the legalities so you can focus on recovering from your injuries. They’ll help with each part of the claim to enable you to get a larger settlement that will cover any bills from the incident.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay until they win the case. 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 at all out of pocket. You can learn more about how this works at the appointment.
Do I Need to Recover Before Seeking Compensation?
No, it is not required to fully recover from your injuries 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 serious injuries at this point. Instead, let a lawyer handle the case while you recover. They can obtain up-to-date as well as foreseeable medical bills to help with your recuperation.
How Do I Prove Who Caused the Accident?
Determining responsibility can be challenging and involves taking a close look into how the collision occurred. At first view, it may seem like the driver made a miscalculation. When the truck is examined, however, it may show the operator tried to control the vehicle 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 accountable for this type of accident.
What Do I Need Before Talking to a Lawyer?
Before talking to a lawyer, write down as much as possible about what happened to cause the incident. 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 stubs on hand to show how much revenue was lost due to recuperating from the accident or what may be lost if you cannot get back to work in the same capacity. The lawyer can help gather evidence 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 start 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 liability. Each case is different and the evidence available can vary. A lawyer can help gather as much evidence as possible and identify what else may be needed if it isn’t available yet.
When Can I Obtain the Settlement?
Due to the difficulty 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 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?
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 case reaches the courts. If an settlement cannot be made, a commercial vehicle 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 victim can receive.
If you’ve been in a commercial vehicle crash, take the time to talk to a law firm about your case and learn more about whether you can obtain reimbursement for your injuries. Call us today to set up a meeting and get more specific facts about your situation and what you can expect moving forward.
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