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 crash can result from any breakdowns experienced while the vehicle 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 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 could fall asleep at the wheel or make mistakes because they’re fatigued.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an incident. 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 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 collision. This includes prescription medicines that can cause sleepiness.
- 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
Afflicted individuals of a truck accident will want to seek medical attention straight away. 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 incident, but that can cause future pain and suffering. If the victim does not see the medical doctor soon after the accident, it can also become more difficult to show the injuries were sustained in the accident. The duration of time between the accident and the medical care could be seen as proof 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 reduce their liability.
Who is Liable for the Accident?
Liability is a complicated topic for commercial car or truck 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 legal representative is often needed to identify who the liable party is for any commercial van accident.
- Manufacturer – If a defect in the vehicle leads to an collision, it may be possible to hold the manufacturer liable for any injuries suffered. Defects can be in any parts of the vehicle, from the engine to the tires.
- Mechanic – The mechanic who worked on the vehicle could be held accountable if they did not do a repair properly or missed repairs that were needed to keep the vehicle in ideal running condition.
- Employer – An employer who forces the driver to fulfill unobtainable standards or to drive more than what’s allowed before a break may be responsible for any injuries if a wreck occurs.
- Truck Owner – The vehicle may not be owned and operated by the truck driver. If this is the case and the truck is not properly serviced, the owner may be the responsible party.
- Other Drivers – If the crash is caused by another driver, they would be liable for the accident, even if it includes a commercial truck. If another motorist 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 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 accept. It is never a good idea to agree to the first settlement offer without assistance from a lawyer. Insurance companies want to minimize the amount they pay out, as they cannot be profitable if they always pay out the largest amount for every claim. So, the first 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 liable party later.
Instead of accepting the first settlement, victims can work with a legal representative to negotiate a larger amount. The higher amount of money 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 convenience of life if the victim suffered long lasting 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. Try to avoid all of the following if you’re in a commercial car or truck accident.
- Avoid Accepting Fault – Many people will immediately apologize after an accident, even if the accident wasn’t their mistake. Avoid doing this and avoid saying anything 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 bills 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 mistakes like accepting a low settlement. Instead, work with a legal representative and let them handle the insurance firm.
- Avoid Waiting for clinical 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 legal representative, but it’s always a beneficial idea. Commercial truck accidents can be incredibly complicated and it can be difficult to obtain settlement without the right help. Plus, there isn’t a downside to working with a legal representative. Commercial vehicle accident legal professionals work on a contingency basis. This means victims don’t need to pay upfront for legal expertise and only pay the attorney if the case is won. The amount 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 covered.
If you’ve been in an crash involving a commercial car or truck, 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 make sure you get as much money as possible for the incident. They can also help deal with the legalities of obtaining compensation while you focus on recovery. 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 recommended. Still, you may have some questions before the meeting. Read below to learn more about these instances and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Automobile?
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 location or to move goods from one place to another, it is considered a commercial van, no matter how large or compact 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 information. 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 case may be worth.
Will I Receive Punitive Damages for the Crash?
Beyond coverage for accident-related expenditures, there are other types of compensation victims can get, including punitive damages. These are typically awarded in cases where the judge wants to deter the same thing from happening in the forthcoming future. If someone took a shortcut, whether that’s requiring drivers to drive a lot more per day or missing required maintenance on a truck, 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. Regrettably, determining liability for commercial vehicle collisions can be complicated. The liable party for a commercial vehicle 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 Lawyer for a Commercial Vehicle Accident?
It is absolutely recommended for victims to have a lawyer for these instances 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 suit to enable you to get a higher settlement that will cover any costs from the crash.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless of course they win the case. If they do obtain a payment for you, the legal fees are included 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 appointment.
Do I Need to Recover Before Seeking Compensation?
No, it is not necessary to fully recover from your traumas 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 case while you recover. They can obtain existing as well as future medical bills to help with your healing.
How Do I Prove Who Caused the Accident?
Determining responsibility can be complex and involves taking a close look into how the collision occurred. At first glance, it may seem like the driver made a miscalculation. When the truck is inspected, however, it may show the operator tried to control the vehicle but was unable to avoid an incident due to a defect or other issue. Evidence for how the accident occurred can be used to show who is accountable 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 crash. 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 return to work in the same capacity. The lawyer can help gather facts 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 Case?
This will depend on how contested the case is and how challenging it may be to prove responsibility. Each case is different and the facts 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 supplied 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 liable party. Then, the liable party does have some time to pay out the complete amount. If the suit goes to trial, it’s going to take longer to obtain a settlement. A lawyer 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 can. In the vast majority of cases, a settlement is agreed on before the suit reaches the courts. If an deal cannot be made, a commercial vehicle 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 collision, take the time to talk to a lawyer about your case and learn more about whether you can obtain settlement for your injuries. Call us today to set up a appointment and get more specific details about your situation and what you can anticipate moving forward.
.svg)
