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 correctly maintained, something can go wrong while it’s on the road. A crash 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 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 might 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 striking 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 severe 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 – Truck drivers who are under the influence of drugs or alcohol can end up causing an accident. This includes prescription medicines that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a upkeep issue, environmental concerns, 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 handful of days. The victim could have hidden injuries that are not noticeable immediately after the crash, but that can cause future pain and suffering. If the victim does not see the doctor soon after the accident, it can also become more difficult to prove the injuries were suffered in the accident. The duration of time between the accident and the medical care could be seen as evidence 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 van accidents. The driver is not always going to be the liable party. Instead, it could also be anyone involved in the care or use of the vehicle. A legal representative is often needed to identify 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 sustained. Defects can be in any component of the vehicle, from the engine to the tires.
- Mechanic – The 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 forces the driver to fulfill 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 maintained, the owner may be the liable party.
- Other Drivers – If the accident 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 simply 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 affected individuals can obtain compensation for this type of accident, they’ll need to know what settlement to agree to. It is never a good idea to take 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 starting settlement offer will be lower than what the victim may be entitled to for their injuries. If this settlement is accepted, the victim cannot get more money from the accountable party later.
Preferably instead 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 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 satisfaction of life if the victim suffered long lasting 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 car or truck accident.
- Avoid acknowledging Fault – Many people will automatically 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 reduced Settlement – Make sure any settlement offer approved is going to be enough to cover the financial 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 overwhelming to recover from an collision and go up against the insurance company at the same time. This often leads to issues like accepting a low settlement. Instead, work with a lawyer 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 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 complex and it can be difficult to obtain settlement without the right support. Plus, there isn’t a disadvantage 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 attorney if the case is won. The sum of money needed to cover legal expenses is included with other types of compensation requested 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 van, talk to a lawyer 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 that you get as much money as possible for the accident. They can also help deal with the legalities of obtaining compensation while you focus on recuperation. Contact us today to set up a meeting and learn more about your case.
FAQs About Commercial Automobile Accidents
Commercial vehicle crashes can lead to severe injuries and damages, so working with a law firm is suggested. Still, you may have some questions before the meeting. Read below to learn more about these cases and to learn more about what to look forward to when you have a consultation.
What is Considered a Commercial Automobile?
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 goods from one place to another, it is considered a commercial automobile, no matter how big 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 exactly how much a case is worth without looking at the details. Compensation can cover all bills 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 costs, 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 longer term. If someone took a shortcut, whether that’s forcing drivers to drive much more per day or skipping required maintenance on a van, 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 claim can get thrown out if it’s against the incorrect party. Unfortunately, determining liability for commercial vehicle collisions can be complicated. The liable party for a commercial van accident can be the driver, their boss, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is highly 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 manage 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 bills from the accident.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay unless of course they win the claim. If they do obtain a settlement for you, the legal fees are included in the settlement, so it won’t cost you a thing out of pocket. You can learn more about how this works at the consultation.
Do I Need to Recoup Before Seeking Compensation?
No, it is not required 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 foreseeable medical bills to help with your healing.
How Do I Show Who Caused the Accident?
Determining accountability can be challenging and involves taking a close look into how the crash occurred. At first look, 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 incident 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 legal representative, write down as much as possible about what took place to cause the accident. Gather any medical bills that have already been received as well as bills or receipts from the accident. It’s also a good idea to have pay slips 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 proof 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 starting point on the case.
What Evidence is Needed for My Claim?
This will depend on how contested the case is and how difficult it may be to prove accountability. Each case is different and the proof available can differ. A lawyer can help gather as much evidence as possible and decide what else may be needed if it isn’t available 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 claim goes to trial, it’s going to take longer to get 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 vast majority of cases, a settlement is agreed on before the case 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 settle. If the trial continues, the judge will establish how much compensation the recipient 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 settlement for your injuries. Call us today to set up a consultation and get more specific knowledge about your situation and what you can expect to see moving forward.
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