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 collision can result from any breakdowns experienced while the van is being driven.
- Overloaded Cargo – freight 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 failure 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 further 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 incident. They may end up hitting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t see 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 judgments 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 collision. This includes prescription drugs that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a upkeep 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 immediately. If emergency medical care is not required, 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 apparent 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 confirm the injuries were sustained 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 trying 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 car or truck 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 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 accountable for any injuries sustained. Defects can be in any part of the vehicle, from the engine to the tires.
- Mechanic – The auto mechanic who worked on the vehicle could be held accountable if they did not do a repair effectively or missed repairs that were needed to keep the vehicle in ideal running condition.
- Employer – An employer who forces 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 actually owned by the truck driver. If this is the case and the truck is not properly serviced, the owner may be the liable party.
- Other Drivers – If the incident is caused by another driver, they would be liable for the accident, even if it includes a commercial car or truck. 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 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 agree to the first settlement offer without guidance 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 victim may be entitled to for their injuries. If this settlement is accepted, 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 larger 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 increased settlement offer will include non-quantifiable damages, such as loss of satisfaction of life if the victim suffered long-term injuries.
Avoid Often Seen Errors After a Commercial Vehicle Accident
After a vehicle accident, it is important to know what to do and what not to do. Refrain from all of the following if you’re in a commercial car or truck accident.
- Avoid acknowledging Fault – Many people will immediately apologize after an accident, even if the accident wasn’t their fault. 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 compensation for the accident.
- Avoid Accepting a reduced Settlement – Make sure any settlement offer accepted is going to be enough to cover the financial 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 challenging to recover from an accident 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 lawyer and let them handle the insurance provider.
- Avoid Waiting for Medical 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 lawyer, but it’s always a beneficial idea. Commercial vehicle accidents can be incredibly complicated and it can be difficult to obtain settlement without the right help. Plus, there isn’t a disadvantage to working with a lawyer. 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 lawyer if the case is won. The sum of money needed to cover legal costs is included with other types of compensation demanded 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 car or truck, talk to a lawyer to learn more about the help available for your claim. You may be owed more compensation than you realize and a lawyer can help ensure that 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 healing. Contact us today to set up a consultation and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle accidents can lead to significant injuries and damages, so working with a lawyer is advised. Still, you may have some questions before the meeting. 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 Automobile?
Commercial vehicles are those hired 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 products from one place to another, it is considered a commercial van, no matter how big or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is different, so it’s hard to say exactly how much a case is worth without looking at the details. 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 law firm can review the case and let you know how much the claim 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 receive, including punitive damages. These are typically granted in cases where the judge wants to deter the same thing from happening in the future. If someone took a shortcut, whether that’s requiring drivers to drive much more per day or missing required maintenance on a truck, 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 claim can get thrown out if it’s against the incorrect party. Sadly, determining liability for commercial vehicle collisions can be challenging. The liable party for a commercial van accident can be the vehicle driver, their company, the truck owner, the manufacturer, or someone else involved with the car or truck.
Do I Need a law firm for a Commercial Vehicle Accident?
It is strongly recommended for sufferers 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 recuperating from your injuries. They’ll help with each part of the suit to enable you to get a better settlement that will cover any expenditures from the incident.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay unless they win the case. If they do obtain a settlement for you, the legal fees are covered in the settlement, so it won’t cost you a thing out of pocket. You can learn more about how this works at the consultation.
Do I Need to Recoup Before Seeking Compensation?
No, it is not essential to fully recover from your traumas before filing a claim. There is a statute of limitations of two years for filing a suit, and you may still be recovering from severe injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain existing as well as potential medical bills to help with your healing.
How Do I Show Who Caused the Accident?
Determining liability can be complex and involves taking a close look into how the accident occurred. At first view, it may seem like the driver made a mistake. When the truck is examined, however, it may show the vehicle driver tried to control the vehicle but was unable to avoid an incident due to a defect or other issue. Evidence for how the collision 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 lawyer, write down as much as possible about what happened to cause the accident. 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 stubs on hand to show how much revenue was lost due to recovering 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 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 tough it may be to prove accountability. Each case is different and the facts available can differ. A lawyer can help gather as much evidence as possible and decide what else may be needed if it isn’t readily available yet.
When Can I Obtain the Settlement?
Due to the difficulty 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 obtain 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?
Many 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 possible. In the majority of cases, a settlement is agreed on before the suit reaches the courts. If an settlement cannot be made, a commercial car or truck 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 sufferer 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 consultation and get more specific details about your situation and what you can anticipate moving forward.
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