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.
- Low-quality 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 truck is being driven.
- Overloaded Cargo – freight that is too heavy for the truck or that is not loaded securely 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 limits 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 may 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 collision. They may end up striking another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t see them in time.
- Rushing – Hurrying to get to the next location can lead to major 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 crash. 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
Victims of a truck accident will want to seek medical attention straight 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 apparent immediately after the crash, but that can cause long-term pain and suffering. If the victim does not see the physician soon after the accident, it can also become more difficult to show the injuries were experienced in the accident. The amount 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 bills out of pocket. This isn’t always the case, but it is what insurance companies will say to try to lessen 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 individuals involved in the care or use of the vehicle. A legal representative is often needed to determine who the liable party is for any commercial van accident.
- Manufacturer – If a deficiency in the vehicle leads to an collision, it may be possible to hold the manufacturer responsible for any injuries suffered. Defects can be in any component of the vehicle, from the engine to the tires.
- Mechanic – The auto mechanic who worked on the vehicle could be held liable 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 satisfy unobtainable standards or to drive more than what’s permitted before a break may be responsible for any injuries if a collision 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 liable for the accident, even if it includes a commercial vehicle. 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 accountable 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 take the first settlement offer without guidance from a lawyer. Insurance companies want to reduce the amount they pay out, as they cannot be profitable if they always pay out the highest 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.
Instead of accepting the first settlement, victims can work with a legal representative to negotiate a higher 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 improved settlement offer will include non-quantifiable damages, such as loss of enjoyment of life if the victim suffered long-term 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 immediately apologize after an accident, even if the accident wasn’t their responsibility. 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 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 difficult to recover from an incident and go up against the insurance company at the same time. This often leads to errors like accepting a low settlement. Instead, work with a law firm and let them handle the insurance firm.
- 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 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 good idea. Commercial vehicle accidents can be incredibly sophisticated and it can be difficult to obtain damages without the right support. Plus, there isn’t a downside 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 service providers and only pay the law firm if the case is won. The total amount of money needed to cover legal fees 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 covered.
If you’ve been in an crash involving a commercial van, talk to a lawyer to learn more about the help available for your case. You may be owed 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 consultation and learn more about your case.
FAQs About Commercial Truck Accidents
Commercial vehicle collisions can lead to severe injuries and damages, so working with a lawyer is suggested. Still, you may have some questions before the meeting. Read below to learn more about these cases and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Vehicle?
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 employed to take someone to another place or to move products from one place to another, it is considered a commercial van, no matter how large or small it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is completely different, so it’s hard to say exactly how much a case is worth without looking at the facts. 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 Crash?
Beyond coverage for accident-related expenditures, there are other types of compensation victims can receive, including punitive damages. These are typically granted 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 requiring drivers to drive a lot more per day or skipping required maintenance on a vehicle, 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 liable 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 accidents can be challenging. The liable party for a commercial van accident can be the vehicle driver, 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 cases due to their intricacy. On top of this, it’s better to have a lawyer manage 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 better 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 payment 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 Recuperate Before Seeking Compensation?
No, it is not essential to fully recover from your injury before filing a claim. There is a statute of limitations of two years for filing a claim, and you may still be recovering from severe injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain current as well as potential medical bills to help with your recovery.
How Do I Establish Who Caused the Accident?
Determining accountability can be complex and involves taking a close look into how the crash occurred. At first view, it may seem like the driver made a miscalculation. When the truck is examined, however, it may show the operator tried to control the car or truck 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 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 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 slips on hand to show how much revenue was lost due to recovering from the accident or what may be lost if you cannot return 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 appointment, but this information, if it’s available, will give them a good head start on the case.
What Evidence is Needed for My Case?
This will depend on how contested the case is and how tough it may be to prove responsibility. Each case is different and the evidence available can vary. A lawyer can help gather as much evidence as possible and identify what else may be needed if it isn’t supplied yet.
When Can I Obtain the Settlement?
Due to the complexity 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 get 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 lengthy 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 claim 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 determine how much compensation the sufferer can receive.
If you’ve been in a commercial vehicle accident, 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 facts about your situation and what you can anticipate moving forward.
