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 collision can result from any breakdowns experienced while the truck is being driven.
- Overloaded Cargo – Cargo 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 problem 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 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 environment could lead a truck driver to cause an crash. 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 – Speeding to get to the next location can lead to severe crashes because the driver is not paying attention like they should and making judgments 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 accident. This includes prescribed drugs that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a maintenance issue, environmental problems, 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 as soon as possible. If emergency medical care is not needed, the victim should still see a medical doctor as soon as possible, preferably within the next handful of days. The victim could have hidden injuries that are not apparent immediately after the accident, but that can cause long-term pain and suffering. If the victim does not see the medical practitioner soon after the accident, it can also become more difficult to confirm the injuries were experienced 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 trying 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 van accidents. The driver is not always going to be the liable party. Instead, it could also be anybody involved in the servicing or use of the vehicle. A legal representative is often needed to decide who the liable party is for any commercial vehicle accident.
- Manufacturer – If a imperfection in the vehicle leads to an collision, it may be possible to hold the manufacturer liable for any injuries experienced. 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 properly 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 authorized before a break may be liable for any injuries if a wreck 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 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 end up in a multi-car accident. The driver who swerved would be responsible 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 accept 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 first 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 responsible party later.
Preferably instead of accepting the first settlement, victims can work with a lawyer to negotiate a higher amount. The higher amount 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 improved 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 car or truck accident.
- Avoid Accepting Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their fault. 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 compensation for the accident.
- Avoid Accepting a Low 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 overwhelming to recover from an collision 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 lawyer and let them handle the insurance company.
- Avoid Waiting for health Care – As mentioned, it’s never a good idea to postpone 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 law firm, but it’s always a beneficial idea. Commercial van 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 law firm. Commercial vehicle accident lawyers work on a contingency basis. This means victims don’t need to pay upfront for legal service providers and only pay the attorney if the case is won. The sum 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 covered.
If you’ve been in an incident involving a commercial car or truck, 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 make sure you get as much money as possible for the incident. 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 law firm 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 anticipate when you have a consultation.
What is Considered a Commercial Automobile?
Commercial vehicles are those employed 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 paid 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 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 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 case may be worth.
Will I Receive Punitive Damages for the Accident?
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 stop the same thing from happening in the future. If someone took a shortcut, whether that’s pushing drivers to drive more per day or not having required maintenance on a truck, 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 liable party. It is important to get this right, as the suit 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 driver, their boss, 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 highly recommended for victims 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 recouping from your injuries. They’ll help with each part of the case to enable you to get a larger settlement that will cover any expenses from the incident.
How Can I Afford a Lawyer?
Commercial vehicle collision 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 anything out of pocket. You can learn more about how this works at the consultation.
Do I Need to Recuperate 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 significant injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain up-to-date as well as future medical bills to help with your healing.
How Do I Prove Who Caused the Accident?
Determining liability can be challenging and involves taking a close look into how the collision occurred. At first look, it may seem like the driver made a error. When the truck is inspected, however, it may show the vehicle driver tried to control the 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 liable 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 occurred to cause the accident. 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 stubs on hand to show how much cash was lost due to recuperating from the accident or what may be lost if you cannot go 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 meeting, but this information, if it’s available, will give them a good start on the case.
What Evidence is Needed for My Case?
This depends on how contested the case is and how difficult it may be to prove responsibility. Each case is different and the evidence available can fluctuate. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t supplied yet.
When Can I Obtain the Settlement?
Due to the difficulty of commercial vehicle collisions, 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 complete amount. If the claim goes to trial, it’s going to take longer to receive 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?
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 lions share of cases, a settlement is agreed on before the case reaches the courts. If an agreement 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 establish how much compensation the victim can receive.
If you’ve been in a commercial vehicle accident, take the time to talk to a law firm 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 information about your situation and what you can anticipate moving forward.
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