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 precisely 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 – 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 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 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 – 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 – Truck drivers who are under the influence of drugs or alcohol can end up causing an crash. This includes prescription medicines that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a servicing issue, environmental concerns, 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 right away. If emergency medical care is not needed, the victim should still see a doctor as soon as possible, preferably within the next handful of days. The victim could have hidden injuries that are not evident immediately after the incident, but that can cause future pain and suffering. If the victim does not see the physician soon after the accident, it can also become more difficult to prove 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 wanting to claim it as part of compensation for the accident to avoid having to pay those expenses out of pocket. This isn't always the case, but it is what insurance companies will say to try to decrease their liability.
Who is Liable for the Accident?
Liability is a complex 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 servicing or use of the vehicle. A legal representative is often needed to decide 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 parts 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 effectively or missed repairs that were needed to keep the vehicle in appropriate running condition.
- Employer – An employer who forces the driver to satisfy unobtainable standards or to drive more than what’s authorized before a break may be accountable for any injuries if a wreck occurs.
- Truck Owner – The vehicle may not be owned and operated by the truck driver. If this is the case and the truck is not properly maintained, the owner may be the accountable party.
- Other Drivers – If the collision is caused by another driver, they would be liable 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 sufferers can obtain compensation for this type of accident, they’ll need to know what settlement to agree to. It is never a good idea to take the first settlement offer without assistance from a lawyer. Insurance companies want to lessen the amount they pay out, as they cannot be profitable if they always pay out the largest 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 responsible party later.
In lieu of accepting the first settlement, victims can work with a law firm to negotiate a more substantial 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 enjoyment of life if the victim suffered long-term injuries.
Avoid Often Seen 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 immediately apologize after an accident, even if the accident wasn’t their mistake. 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 payment for the accident.
- Avoid Accepting a minimal Settlement – Make sure any settlement offer approved is going to be enough to cover the monetary 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 overwhelming to recover from an collision and go up against the insurance provider at the same time. This often leads to mistakes like accepting a low settlement. Instead, work with a law firm and let them handle the insurance company.
- 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 law firm, but it’s always a very good idea. Commercial vehicle accidents can be incredibly elaborate and it can be difficult to obtain damages without the right help. Plus, there isn’t a downside to working with a legal representative. Commercial vehicle accident attorneys 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 taken care of.
If you’ve been in an incident involving a commercial van, talk to a law firm 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 make sure you get as much money as possible for the collision. They can also help deal with the legalities of obtaining compensation while you focus on recovery. Contact us today to set up a meeting 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 appointment. Read below to learn more about these situations and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Vehicle?
Commercial vehicles are those hired 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 hired to take someone to another place or to move merchandise from one place to another, it is considered a commercial car or truck, 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 precisely how much a case is worth without looking at the specifics. Compensation can cover all expenditures 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 costs, there are other types of compensation victims can obtain, 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 forcing drivers to drive a lot 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 liable party. It is important to get this right, as the lawsuit can get thrown out if it’s against the incorrect party. Regrettably, determining liability for commercial vehicle accidents can be challenging. The liable party for a commercial truck accident can be the vehicle 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 absolutely recommended for sufferers to have a lawyer for these situations due to their difficulty. On top of this, it’s better to have a lawyer handle all of the legalities so you can focus on recovering from your injuries. They’ll help with each part of the case 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 until 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 anything at all 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 injury 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 severe injuries at this point. Instead, let a lawyer handle the case while you recover. They can obtain up-to-date as well as foreseeable medical bills to help with your recuperation.
How Do I Prove Who Caused the Accident?
Determining liability can be complex and involves taking a close look into how the crash occurred. At first glance, 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 incident occurred can be used to show who is responsible 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 crash. 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 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 consultation, 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 challenging it may be to prove liability. Each case is different and the proof 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 complexity of commercial vehicle crashes, it can take a while to agree on a settlement with the accountable party. Then, the liable party does have some time to pay out the whole 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?
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 vast majority of cases, a settlement is agreed on before the suit reaches the courts. If an deal cannot be made, a commercial car or truck accident case can go to court. Even then, it’s still possible to accept a settlement. If the trial continues, the judge will determine how much compensation the recipient 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 reimbursement 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.
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