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 properly maintained, something can go wrong while it’s on the road. A wreck can result from any breakdowns experienced while the vehicle is being driven.
- Overloaded Cargo – Cargo 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 limits 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 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 hitting 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 major 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 – Truck drivers who are under the influence of drugs or alcohol can end up causing an incident. 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
Afflicted individuals of a truck accident will want to seek medical attention right away. If emergency medical care is not necessary, 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 evident immediately after the collision, but that can cause long-term pain and suffering. If the victim does not see the medical doctor soon after the accident, it can also become more difficult to confirm the injuries were experienced 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 costs 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 vehicle accidents. The driver is not always going to be the liable party. Instead, it could also be individuals involved in the servicing or use of the vehicle. A lawyer is often needed to determine who the liable party is for any commercial van accident.
- Manufacturer – If a imperfection in the vehicle leads to an accident, it may be possible to hold the manufacturer accountable for any injuries sustained. Defects can be in any parts of the vehicle, from the engine to the tires.
- Mechanic – The repair shop 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 meet unobtainable standards or to drive more than what’s permitted before a break may be accountable 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 repaired, the owner may be the liable party.
- Other Drivers – If the collision is caused by another driver, they would be at fault for the accident, even if it includes a commercial truck. If another individual swerves in front of a truck and the truck is unable to stop in time, it could cause 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 accept. It is never a good idea to accept the first settlement offer without advice from a lawyer. Insurance companies want to minimize the amount they pay out, as they cannot be profitable if they always pay out the highest amount for every claim. So, the starting settlement offer will be lower than what the sufferer may be entitled to for their injuries. If this settlement is accepted, 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 sum of money 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 lasting injuries.
Avoid Common Errors After a Commercial Vehicle Accident
After a truck accident, it is important to know what to do and what not to do. Avoid all of the following if you’re in a commercial vehicle accident.
- Avoid acknowledging Fault – Many people will automatically 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 Lower 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 incident and go up against the insurance corporation 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 company.
- Avoid Waiting for health Care – As mentioned, it’s never a good idea to delay 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 complicated and it can be difficult to obtain damages without the right help. Plus, there isn’t a disadvantage to working with a law firm. Commercial vehicle accident lawyers work on a contingency basis. This means victims don’t need to pay upfront for legal services and only pay the attorney if the case is won. The amount of money needed to cover legal fees is included with other types of compensation asked for in a settlement. So, the victim still receives the money needed to fiscally recover from the accident and the lawyer’s fees will be included.
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 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 recuperation. Contact us today to set up a appointment and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle accidents can lead to severe injuries and damages, so working with a lawyer is advised. Still, you may have some questions before the appointment. 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 Truck?
Commercial vehicles are those paid 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 paid 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 slight 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 lawyer 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 bills, there are other types of compensation victims can obtain, including punitive damages. These are typically awarded in cases where the judge wants to deter 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 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 accountable party. It is important to get this right, as the claim can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle crashes can be complicated. The liable party for a commercial truck 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 affected individuals to have a lawyer for these instances 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 suit to enable you to get a higher settlement that will cover any expenses from the crash.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay until they win the claim. If they do obtain a settlement for you, the legal fees are taken care of 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 Recoup Before Seeking Compensation?
No, it is not required 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 current as well as future medical bills to help with your recuperation.
How Do I Establish Who Caused the Accident?
Determining accountability can be complicated and involves taking a close look into how the collision occurred. At first look, it may seem like the driver made a mistake. When the truck is scrutinized, 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 incident 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 legal representative, write down as much as possible about what happened to cause the incident. 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 cash was lost due to recovering from the accident or what may be lost if you cannot go back 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 start on the case.
What Evidence is Needed for My Claim?
This will depend on how contested the case is and how difficult it may be to prove accountability. Each case is different and the proof available can fluctuate. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t available 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 whole amount. If the suit 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?
Most cases do not ever make it to trial. It is lengthy and expensive to go to trial, so it is something that should be avoided if you 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 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 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 compensation for your injuries. Call us today to set up a meeting and get more specific facts about your situation and what you can expect to see moving forward.
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