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 correctly 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 – 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 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 might fall asleep at the wheel or make mistakes because they’re tired.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an collision. They may end up impacting 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 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 collision. This includes prescription drugs 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 immediately. If emergency medical care is not required, the victim should still see a medical practitioner as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not noticeable immediately after the accident, but that can cause potential pain and suffering. If the victim does not see the medical practitioner soon after the accident, it can also become more difficult to show the injuries were sustained in the accident. The length of time between the accident and the medical care could be seen as confirmation 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 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 care or use of the vehicle. A lawyer is often needed to identify who the liable party is for any commercial vehicle accident.
- Manufacturer – If a defect in the vehicle leads to an accident, it may be possible to hold the manufacturer responsible for any injuries suffered. Defects can be in any part 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 appropriate running condition.
- Employer – An employer who forces the driver to fulfill 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 serviced, the owner may be the accountable party.
- Other Drivers – If the crash is caused by another driver, they would be responsible for the accident, even if it includes a commercial truck. If another individual swerves in front of a truck and the truck cannot stop in time, it could lead to a multi-car accident. The driver who swerved would be responsible 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 approve. It is never a good idea to approve 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 maximum amount for every claim. So, the initial settlement offer will be lower than what the sufferer may be entitled to for their injuries. If this settlement is taken, the victim cannot get more money from the responsible party later.
In lieu of accepting the first settlement, victims can work with a legal representative to negotiate a more substantial amount. The higher dollar amount 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 satisfaction of life if the victim suffered permanent injuries.
Avoid Common Errors After a Commercial Vehicle Accident
After a van 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 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 compensation for the accident.
- Avoid Accepting a reduced 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 costs will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s difficult to recover from an accident and go up against the insurance provider at the same time. This often leads to issues 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 few days.
Is It A Good Idea to Hire a Lawyer?
The law doesn’t require victims to hire a lawyer, but it’s always a very good idea. Commercial vehicle accidents can be incredibly elaborate and it can be difficult to obtain compensation without the right help. Plus, there isn’t a drawback to working with a lawyer. 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 attorney if the case is won. The total amount of money needed to cover legal fees is included with other types of compensation demanded in a settlement. So, the victim still receives the money needed to financially recover from the accident and the lawyer’s fees will be included.
If you’ve been in an accident involving a commercial vehicle, talk to a legal representative 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 crash. They can also help deal with the legalities of obtaining compensation while you focus on recuperation. Contact us today to set up a meeting 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 advised. Still, you may have some questions before the consultation. Read below to learn more about these cases and to learn more about what to anticipate when you have a consultation.
What is Considered a Commercial Truck?
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 paid to take someone to another place or to move goods from one place to another, it is considered a commercial car or truck, no matter how big or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is completely different, so it’s hard to say precisely how much a case is worth without looking at the details. 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 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 expenses, 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 longer term. If someone took a shortcut, whether that’s forcing drivers to drive much more per day or missing 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 responsible party. It is important to get this right, as the case can get thrown out if it’s against the incorrect party. Unfortunately, determining liability for commercial vehicle crashes can be difficult. The liable party for a commercial van accident can be the operater, their boss, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is highly recommended for victims to have a lawyer for these instances due to their complexity. On top of this, it’s better to have a lawyer handle all of the legalities so you can focus on recouping 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 accident.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay unless they win the claim. If they do obtain a settlement for you, the legal fees are covered in the settlement, so it won’t cost you anything 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 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 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 Establish Who Caused the Accident?
Determining responsibility can be complicated and involves taking a close look into how the incident occurred. At first view, 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 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 happened to cause the crash. Gather any medical bills that have already been received as well as costs or receipts from the accident. It’s also a good idea to have pay slips on hand to show how much money was lost due to recouping 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 meeting, but this information, if it’s available, will give them a good starting point on the case.
What Evidence is Needed for My Claim?
This depends on how contested the case is and how difficult it may be to prove liability. Each case is different and the facts available can vary. 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 difficulty of commercial vehicle crashes, it can take a while to come to an agreement on a settlement with the liable 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 obtain 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 you can. In the lions share of cases, a settlement is agreed on before the claim reaches the courts. If an arrangement 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 establish how much compensation the sufferer can receive.
If you’ve been in a commercial vehicle collision, take the time to talk to a legal representative about your case and learn more about whether you can obtain payment for your injuries. Call us today to set up a meeting and get more specific information about your situation and what you can anticipate moving forward.
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