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 truck is being driven.
- Overloaded Cargo – product 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 breakdown 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 longer 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 exhausted.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an incident. They may end up striking another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t identify 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 choices like going through a yellow light to make a better time.
- Driving Under the Influence – 18 wheel truck drivers who are under the influence of drugs or alcohol can end up causing an crash. This includes prescription drugs 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
Affected individuals of a truck accident will want to seek medical attention immediately. If emergency medical care is not required, the victim should still see a physician as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not apparent immediately after the collision, but that can cause long-term 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 suffered 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 wanting to claim it as part of compensation for the accident to avoid having to pay those costs 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 complicated 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 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 deficiency in the vehicle leads to an collision, 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 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 permitted before a break may be accountable 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 at fault party.
- Other Drivers – If the accident is caused by another driver, they would be liable for the accident, even if it includes a commercial truck. If another individual swerves in front of a truck and the truck simply 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 approve 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 largest 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 taken, the victim cannot get more money from the accountable party later.
In lieu of accepting the first settlement, victims can work with a lawyer to negotiate a larger amount. The higher amount of money will be more likely to include all accident-related expenses, 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 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. Try to avoid all of the following if you’re in a commercial car or truck accident.
- Avoid taking Fault – Many people will automatically apologize after an accident, even if the accident wasn’t their fault. Avoid doing this and avoid saying things 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 Lower 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 expenditures will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s difficult to recover from an crash and go up against the insurance corporation at the same time. This often leads to issues like accepting a low settlement. Instead, work with a law firm and let them handle the insurance company.
- 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 legal representative, but it’s always a good idea. Commercial vehicle accidents can be incredibly sophisticated and it can be difficult to obtain compensation without the right support. Plus, there isn’t a drawback 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 service providers and only pay the law firm if the case is won. The sum of money needed to cover legal expenses is included with other types of compensation demanded in a settlement. So, the victim still receives the money needed to economically recover from the accident and the lawyer’s fees will be included.
If you’ve been in an accident involving a commercial van, talk to a law firm 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 Truck Accidents
Commercial vehicle crashes can lead to significant injuries and damages, so working with a legal representative is suggested. Still, you may have some questions before the consultation. Read below to learn more about these circumstances and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Vehicle?
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 location 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 totally different, so it’s hard to say how much a case is worth without looking at the facts. 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 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 expenses, there are other types of compensation victims can receive, including punitive damages. These are typically provided in cases where the judge wants to stop the same thing from happening in the future. If someone took a shortcut, whether that’s forcing drivers to drive a lot 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 case can get thrown out if it’s against the wrong party. Sadly, determining liability for commercial vehicle accidents can be complex. The liable party for a commercial vehicle accident can be the operater, their boss, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a legal representative for a Commercial Vehicle Accident?
It is highly 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 case to enable you to get a higher settlement that will cover any expenses from the crash.
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 covered 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 meeting.
Do I Need to Recover Before Seeking Compensation?
No, it is not essential to fully recover from your injury before filing a claim. There is a statute of limitations of two years for filing a suit, 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 up-to-date as well as future medical bills to help with your recovery.
How Do I Show Who Caused the Accident?
Determining responsibility can be challenging and involves taking a close look into how the accident occurred. At first look, it may seem like the driver made a miscalculation. When the truck is scrutinized, however, it may show the operator tried to control the truck but was unable to avoid an accident due to a defect or other issue. Evidence for how the accident occurred can be used to show who is responsible for this type of accident.
What Do I Need Before Talking to a Law Firm?
Before talking to a legal representative, write down as much as possible about what took place to cause the incident. 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 cash 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 appointment, but this information, if it’s available, will give them a good start on the case.
What Evidence is Needed for My Case?
This is dependent on how contested the case is and how difficult it may be to prove liability. Each case is different and the proof available can vary. A lawyer can help gather as much evidence as possible and decide 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 responsible party. Then, the liable party does have some time to pay out the full amount. If the suit 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?
The majority of cases do not ever make it to trial. It is time intensive and expensive to go to trial, so it is something that should be avoided if possible. In the vast majority of cases, a settlement is agreed on before the claim reaches the courts. If an arrangement cannot be made, a commercial truck 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 compensation for your injuries. Call us today to set up a appointment and get more specific knowledge about your situation and what you can expect to see moving forward.
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