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 correctly maintained, something can go wrong while it’s on the road. A collision can result from any breakdowns experienced while the vehicle 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 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 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 fatigued.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an crash. 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 – Speeding to get to the next location can lead to severe 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 collision. This includes prescribed drugs that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a servicing issue, environmental issues, or any other reason, it could lead to an accident.
What to Do After an Accident
Victims of a truck accident will want to seek medical attention right away. If emergency medical care is not needed, the victim should still see a doctor as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not evident immediately after the accident, but that can cause long-term pain and suffering. If the victim does not see the doctor soon after the accident, it can also become more difficult to show 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 expenses 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 elaborate topic for commercial van accidents. The driver is not always going to be the responsible party. Instead, it could also be anybody involved in the maintenance or use of the vehicle. A lawyer is often needed to identify 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 experienced. 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 effectively or missed repairs that were needed to keep the vehicle in proper running condition.
- Employer – An employer who forces the driver to meet unobtainable standards or to drive more than what’s allowed 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 maintained, the owner may be the at fault party.
- Other Drivers – If the crash 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 is unable to stop in time, it could lead to a multi-car accident. The driver who swerved would be accountable 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 lessen 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 recipient may be entitled to for their injuries. If this settlement is taken, the victim cannot get more money from the liable party later.
In lieu of accepting the first settlement, victims can work with a legal representative to negotiate a higher amount. The higher amount 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 higher settlement offer will include non-quantifiable damages, such as loss of convenience of life if the victim suffered long-term injuries.
Avoid Typical 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 van accident.
- Avoid Accepting Fault – Many people will immediately apologize after an accident, even if the accident wasn’t their responsibility. 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 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 issues like accepting a low settlement. Instead, work with a law professional 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 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 sophisticated and it can be difficult to obtain compensation without the right assistance. Plus, there isn’t a disadvantage to working with a law firm. Commercial vehicle accident attorneys work on a contingency basis. This means victims don’t need to pay upfront for legal expertise and only pay the law firm 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 fiscally recover from the accident and the lawyer’s fees will be taken care of.
If you’ve been in an crash involving a commercial van, talk to a law firm 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 legal aspects of obtaining compensation while you focus on healing. 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 serious injuries and damages, so working with a lawyer is encouraged. Still, you may have some questions before the appointment. 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 Automobile?
Commercial vehicles are those paid 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 place or to move goods from one place to another, it is considered a commercial vehicle, no matter how big 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 exactly how much a case is worth without looking at the information. Compensation can cover all costs 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 Crash?
Beyond coverage for accident-related costs, there are other types of compensation victims can receive, including punitive damages. These are typically provided in cases where the judge wants to deter the same thing from happening in the longer term. If someone took a shortcut, whether that’s forcing drivers to drive more per day or skipping required maintenance on a truck, the victim may be awarded punitive damages as a punishment 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 case can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle crashes can be challenging. The liable party for a commercial van accident can be the vehicle driver, their boss, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a legal representative for a Commercial Vehicle Accident?
It is highly recommended for affected individuals 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 recouping from your injuries. They’ll help with each part of the claim to enable you to get a higher 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 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 a thing out of pocket. You can learn more about how this works at the appointment.
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 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 potential medical bills to help with your recovery.
How Do I Establish Who Caused the Accident?
Determining accountability can be challenging and involves taking a close look into how the collision occurred. At first view, 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 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 Law Firm?
Before talking to a lawyer, write down as much as possible about what happened to cause the collision. 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 statements on hand to show how much money was lost due to recouping from the accident or what may be lost if you cannot return 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 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 evidence available can fluctuate. 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 difficulty of commercial vehicle accidents, 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 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 time-consuming and expensive to go to trial, so it is something that should be avoided if you possibly can. In the majority of cases, a settlement is agreed on before the claim reaches the courts. If an deal cannot be made, a commercial car or truck accident case can go to court. Even then, it’s still possible to accept a settlement. If the trial continues, the judge will determine how much compensation the recipient can receive.
If you’ve been in a commercial vehicle crash, 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 facts about your situation and what you can expect to see moving forward.
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