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 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 correctly can lead to an accident. It’s possible for the truck to experience a breakdown 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 might fall asleep at the wheel or make mistakes because they’re tired.
- Negligence – Failing to pay attention to the road and their environment could lead a truck driver to cause an collision. 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 – Hurrying 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 crash. This includes prescription medicines that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a maintenance 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 straight away. If emergency medical care is not needed, 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 establish the injuries were sustained in the accident. The amount 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 vehicle accidents. The driver is not always going to be the responsible party. Instead, it could also be anyone involved in the servicing 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 accident, 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 repair shop 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 appropriate running condition.
- Employer – An employer who pushes the driver to satisfy unobtainable standards or to drive more than what’s permitted before a break may be responsible for any injuries if a wreck 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 liable party.
- Other Drivers – If the collision is caused by another driver, they would be accountable for the accident, even if it includes a commercial car or truck. If another driver swerves in front of a truck and the truck simply 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 victims 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 agree to 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 maximum amount for every claim. So, the first settlement offer will be lower than what the sufferer may be entitled to for their injuries. If this settlement is taken, the victim cannot get more money from the liable party later.
Instead of accepting the first settlement, victims can work with a lawyer to negotiate a higher 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 increased 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 van 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 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 Lower 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 accident 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 lawyer and let them handle the insurance provider.
- Avoid Waiting for health 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 law firm, but it’s always a good idea. Commercial truck accidents can be incredibly complex and it can be difficult to obtain damages without the right support. Plus, there isn’t a downside 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 services and only pay the lawyer 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 covered.
If you’ve been in an collision involving a commercial vehicle, talk to a law firm 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 make sure you get as much money as possible for the collision. They can also help deal with the legal aspects of obtaining compensation while you focus on recuperation. Contact us today to set up a consultation and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle crashes can lead to serious injuries and damages, so working with a legal representative is advised. Still, you may have some questions before the consultation. Read below to learn more about these situations and to learn more about what to look forward to when you have a consultation.
What is Considered a Commercial Vehicle?
Commercial vehicles are those hired 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 area or to move products from one place to another, it is considered a commercial van, no matter how big or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is totally different, so it’s hard to say exactly how much a case is worth without looking at the specifics. 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 lawyer can review the case and let you know how much the claim may be worth.
Will I Receive Punitive Damages for the Crash?
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 stop the same thing from happening in the future. If someone took a shortcut, whether that’s pressuring 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 responsible party. It is important to get this right, as the claim can get thrown out if it’s against the incorrect party. Sadly, determining liability for commercial vehicle incidents can be complex. The liable party for a commercial vehicle accident can be the operater, their employer, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a law firm for a Commercial Vehicle Accident?
It is strongly recommended for sufferers to have a lawyer for these situations due to their complexity. 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 suit to enable you to get a larger settlement that will cover any costs from the incident.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless they win the case. If they do obtain a settlement for you, the legal fees are covered in the settlement, so it won’t cost you a thing out of pocket. You can learn more about how this works at the appointment.
Do I Need to Recuperate 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 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 current as well as foreseeable medical bills to help with your recovery.
How Do I Establish Who Caused the Accident?
Determining liability can be challenging and involves taking a close look into how the accident occurred. At first glance, it may seem like the driver made a mistake. When the truck is examined, however, it may show the operator 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 crash occurred can be used to show who is responsible for this type of accident.
What Do I Need Before Talking to a Lawyer?
Before talking to a attorney, write down as much as possible about what occurred to cause the incident. 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 cash 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 starting point 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 identify what else may be needed if it isn’t supplied 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 accountable party. Then, the liable party does have some time to pay out the whole amount. If the case 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?
Many 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 lions share of cases, a settlement is agreed on before the suit reaches the courts. If an deal cannot be made, a commercial 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 lawyer about your case and learn more about whether you can obtain compensation for your injuries. Call us today to set up a meeting and get more specific details about your situation and what you can anticipate moving forward.
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