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 precisely maintained, something can go wrong while it’s on the road. A crash can result from any breakdowns experienced while the vehicle is being driven.
- Overloaded Cargo – product that is too heavy for the truck or that is not loaded correctly 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 restrictions 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 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 see them in time.
- Rushing – Speeding to get to the next location can lead to significant 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 prescription drugs that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a maintenance issue, environmental concerns, 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 straight away. If emergency medical care is not necessary, the victim should still see a medical practitioner as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not apparent immediately after the incident, but that can cause potential pain and suffering. If the victim does not see the physician soon after the accident, it can also become more difficult to establish 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 wanting to claim it as part of compensation for the accident to avoid having to pay those expenses 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 car or truck accidents. The driver is not always going to be the responsible party. Instead, it could also be anybody involved in the maintenance or use of the vehicle. A lawyer is often needed to determine who the liable party is for any commercial car or truck accident.
- Manufacturer – If a defect in the vehicle leads to an collision, it may be possible to hold the manufacturer responsible for any injuries experienced. Defects can be in any part of the vehicle, from the engine to the tires.
- Mechanic – The auto mechanic who worked on the vehicle could be held liable if they did not do a repair correctly or missed repairs that were needed to keep the vehicle in appropriate running condition.
- Employer – An employer who pushes the driver to fulfill unobtainable standards or to drive more than what’s permitted before a break may be accountable for any injuries if a collision 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 accountable party.
- Other Drivers – If the crash is caused by another driver, they would be at fault for the accident, even if it includes a commercial truck. 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 at fault 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 approve. It is never a good idea to take the first settlement offer without advice from a lawyer. Insurance companies want to reduce the amount they pay out, as they cannot be profitable if they always pay out the highest amount for every claim. So, the initial settlement offer will be lower than what the sufferer may be entitled to for their injuries. If this settlement is accepted, 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 more substantial 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 higher settlement offer will include non-quantifiable damages, such as loss of satisfaction of life if the victim suffered permanent injuries.
Avoid Common Errors After a Commercial Vehicle Accident
After a vehicle 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 car or truck accident.
- Avoid taking Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their fault. 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 settlement for the accident.
- Avoid Accepting a Low Settlement – Make sure any settlement offer approved is going to be enough to cover the economic aspects of the accident. Accepting a low settlement means any other expenses will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s tough to recover from an crash and go up against the insurance company at the same time. This often leads to mistakes like accepting a low settlement. Instead, work with a law firm and let them handle the insurance company.
- 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 good idea. Commercial van accidents can be incredibly sophisticated and it can be difficult to obtain compensation without the right help. Plus, there isn’t a disadvantage to working with a law firm. 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 lawyer if the case is won. The sum of money needed to cover legal fees is included with other types of compensation asked for 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 crash involving a commercial vehicle, talk to a law firm to learn more about the help available for your claim. You may be owed much more compensation than you realize and a lawyer can help ensure that 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 consultation and learn more about your case.
FAQs About Commercial Automobile Accidents
Commercial vehicle accidents can lead to serious injuries and damages, so working with a law firm is recommended. Still, you may have some questions before the appointment. Read below to learn more about these circumstances and to learn more about what to anticipate when you have a consultation.
What is Considered a Commercial Truck?
Commercial vehicles are those employed 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 employed to take someone to another area or to move products 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 different, so it’s hard to say how much a case is worth without looking at the details. 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 claim 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 get, including punitive damages. These are typically awarded in cases where the judge wants to prevent the same thing from happening in the forthcoming future. If someone took a shortcut, whether that’s pressuring drivers to drive more per day or skipping 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 accountable party. It is important to get this right, as the claim can get thrown out if it’s against the wrong party. Regrettably, determining liability for commercial vehicle incidents can be complicated. The liable party for a commercial truck 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 affected individuals to have a lawyer for these cases due to their intricacy. On top of this, it’s better to have a lawyer handle all of the legalities so you can focus on recovering from your injuries. They’ll help with each part of the case to enable you to get a higher settlement that will cover any costs from the collision.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless they win the suit. If they do obtain a payment for you, the legal fees are taken care of in the settlement, so it won’t cost you a thing out of pocket. You can learn more about how this works at the meeting.
Do I Need to Recuperate Before Seeking Compensation?
No, it is not necessary 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 significant injuries at this point. Instead, let a lawyer handle the case while you recover. They can obtain up-to-date as well as future medical bills to help with your recuperation.
How Do I Show Who Caused the Accident?
Determining liability can be challenging and involves taking a close look into how the collision occurred. At first glance, it may seem like the driver made a error. When the truck is inspected, however, it may show the vehicle driver tried to control the car or truck but was unable to avoid an accident 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 attorney, write down as much as possible about what took place to cause the collision. 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 slips on hand to show how much money was lost due to recuperating from the accident or what may be lost if you cannot return 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 consultation, but this information, if it’s available, will give them a good head 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 proof available can fluctuate. 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 agree on a settlement with the responsible party. Then, the liable party does have some time to pay out the full 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-consuming and expensive to go to trial, so it is something that should be avoided if you possibly can. In the majority of cases, a settlement is agreed on before the claim reaches the courts. If an settlement cannot be made, a commercial car or truck accident case can go to court. Even then, it’s still possible to accept a settlement. If the trial continues, the judge will decide how much compensation the recipient 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 settlement for your injuries. Call us today to set up a consultation and get more specific details about your situation and what you can anticipate moving forward.
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