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 precisely maintained, something can go wrong while it’s on the road. A wreck can result from any breakdowns experienced while the van 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 restrictions 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 could fall asleep at the wheel or make mistakes because they’re tired.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an accident. They may end up impacting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t see them in time.
- Rushing – Rushing to get to the next location can lead to serious 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 prescription 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
Affected individuals of a truck accident will want to seek medical attention as soon as possible. If emergency medical care is not required, 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 noticeable immediately after the accident, 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 confirm the injuries were experienced in the accident. The length of time between the accident and the medical care could be seen as proof 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 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 elaborate topic for commercial car or truck accidents. The driver is not always going to be the responsible party. Instead, it could also be individuals involved in the maintenance or use of the vehicle. A legal representative 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 accident, it may be possible to hold the manufacturer accountable for any injuries suffered. 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 accountable 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 forces the driver to satisfy unobtainable standards or to drive more than what’s allowed before a break may be responsible for any injuries if a crash 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 liable party.
- Other Drivers – If the accident is caused by another driver, they would be at fault for the accident, even if it includes a commercial car or truck. If another individual swerves in front of a truck and the truck cannot stop in time, it could end up in 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 approve. It is never a good idea to accept the first settlement offer without assistance 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 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 lawyer to negotiate a more substantial amount. The higher dollar 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 increased settlement offer will include non-quantifiable damages, such as loss of enjoyment of life if the victim suffered long-term injuries.
Avoid Often Seen 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 van 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 payment for the accident.
- Avoid Accepting a Low Settlement – Make sure any settlement offer approved is going to be enough to cover the monetary aspects of the accident. Accepting a low settlement means any other costs will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s challenging to recover from an collision and go up against the insurance company at the same time. This often leads to errors like accepting a low settlement. Instead, work with a law firm 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 couple of days.
Is It A Good Idea to Hire a Lawyer?
The law doesn’t require victims to hire a law firm, but it’s always a beneficial idea. Commercial van accidents can be incredibly elaborate and it can be difficult to obtain settlement without the right support. Plus, there isn’t a disadvantage to working with a lawyer. 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 lawyer if the case is won. The sum 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 covered.
If you’ve been in an collision involving a commercial car or truck, talk to a lawyer to learn more about the help available for your case. 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 accident. They can also help deal with the legalities of obtaining compensation while you focus on recuperation. Contact us today to set up a appointment and learn more about your case.
FAQs About Commercial Automobile Accidents
Commercial vehicle collisions can lead to severe injuries and damages, so working with a lawyer is suggested. Still, you may have some questions before the meeting. 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 paid 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 place or to move merchandise from one place to another, it is considered a commercial car or truck, 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 how much a case is worth without looking at the information. 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 legal representative can review the case and let you know how much the case may be worth.
Will I Receive Punitive Damages for the Collision?
Beyond coverage for accident-related costs, there are other types of compensation victims can get, including punitive damages. These are typically granted in cases where the judge wants to stop the same thing from happening in the forthcoming future. If someone took a shortcut, whether that’s pushing drivers to drive much more per day or not having required maintenance on a vehicle, 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 liable party. It is important to get this right, as the lawsuit can get thrown out if it’s against the wrong party. Regrettably, determining liability for commercial vehicle collisions can be complicated. The liable party for a commercial vehicle accident can be the driver, their employer, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is strongly 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 recuperating from your injuries. They’ll help with each part of the case to enable you to get a better settlement that will cover any costs from the collision.
How Can I Afford a Lawyer?
Commercial vehicle collision lawyers work on a contingency basis, so you don’t pay unless of course they win the suit. If they do obtain a settlement for you, the legal fees are included in the settlement, so it won’t cost you anything 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 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 serious 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 recovery.
How Do I Show Who Caused the Accident?
Determining accountability can be challenging and involves taking a close look into how the incident occurred. At first look, it may seem like the driver made a mistake. When the truck is inspected, however, it may show the vehicle driver tried to control the vehicle but was unable to avoid an accident 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 occurred to cause the accident. 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 recovering 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 meeting, 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 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 figure out what else may be needed if it isn’t readily available yet.
When Can I Obtain the Settlement?
Due to the complexity 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 complete amount. If the case goes to trial, it’s going to take longer to receive 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?
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 possible. 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 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 sufferer can receive.
If you’ve been in a commercial vehicle crash, take the time to talk to a legal representative 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 moving forward.
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