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 precisely maintained, something can go wrong while it’s on the road. A collision can result from any breakdowns experienced while the vehicle is being driven.
- Overloaded Cargo – freight 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 failure 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 further 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 exhausted.
- 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 serious 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 prescription medicines that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a maintenance 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 straight away. If emergency medical care is not required, the victim should still see a medical doctor as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not noticeable immediately after the accident, but that can cause long-term pain and suffering. If the victim does not see the medical doctor soon after the accident, it can also become more difficult to show the injuries were experienced in the accident. The duration of time between the accident and the medical care could be seen as confirmation 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 lessen their liability.
Who is Liable for the Accident?
Liability is a complex topic for commercial car or truck accidents. The driver is not always going to be the responsible party. Instead, it could also be individuals 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 defect in the vehicle leads to an collision, it may be possible to hold the manufacturer accountable for any injuries suffered. Defects can be in any parts of the vehicle, from the engine to the tires.
- Mechanic – The auto mechanic who worked on the vehicle could be held responsible 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 pushes the driver to satisfy unobtainable standards or to drive more than what’s permitted before a break may be accountable for any injuries if a collision 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 repaired, the owner may be the at fault party.
- Other Drivers – If the crash 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 is unable to stop in time, it could cause a multi-car accident. The driver who swerved would be at fault 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 accept. It is never a good idea to approve the first settlement offer without advice from a lawyer. Insurance companies want to reduce the amount they pay out, as they cannot be profitable if they always pay out the maximum 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 law firm 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 higher settlement offer will include non-quantifiable damages, such as loss of convenience of life if the victim suffered long lasting 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. Avoid all of the following if you’re in a commercial car or truck accident.
- Avoid taking Fault – Many people will automatically 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 payment for the accident.
- Avoid Accepting a Lower 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 expenses 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 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 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 of 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 good idea. Commercial van accidents can be incredibly sophisticated and it can be difficult to obtain damages without the right assistance. Plus, there isn’t a downside to working with a legal representative. Commercial vehicle accident legal professionals work on a contingency basis. This means victims don’t need to pay upfront for legal expertise and only pay the law firm if the case is won. The amount of money needed to cover legal costs is included with other types of compensation requested in a settlement. So, the victim still receives the money needed to economically 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 legal representative 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 accident. 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 Truck Accidents
Commercial vehicle collisions can lead to serious injuries and damages, so working with a law firm is encouraged. Still, you may have some questions before the meeting. Read below to learn more about these instances and to learn more about what to look forward to when you have a consultation.
What is Considered a Commercial Truck?
Commercial vehicles are those employed 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 automobile, no matter how large 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 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 Collision?
Beyond coverage for accident-related costs, 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 future. If someone took a shortcut, whether that’s pressuring drivers to drive a lot more per day or missing 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 responsible party. It is important to get this right, as the lawsuit can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle collisions can be challenging. The liable party for a commercial truck accident can be the driver, their employer, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a legal representative for a Commercial Vehicle Accident?
It is highly recommended for sufferers to have a lawyer for these cases due to their intricacy. 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 case to enable you to get a larger settlement that will cover any expenditures from the accident.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay until they win the suit. If they do obtain a settlement for you, the legal fees are taken care of in the settlement, so it won’t cost you a thing out of pocket. You can learn more about how this works at the appointment.
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 significant injuries at this point. Instead, let a lawyer handle the case while you recover. They can obtain current as well as future medical bills to help with your recovery.
How Do I Establish Who Caused the Accident?
Determining liability can be challenging and involves taking a close look into how the collision occurred. At first glance, it may seem like the driver made a miscalculation. When the truck is examined, however, it may show the operator tried to control the truck but was unable to avoid an accident due to a defect or other issue. Evidence for how the incident occurred can be used to show who is accountable 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 occurred to cause the incident. 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 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 facts 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 starting point on the case.
What Evidence is Needed for My Case?
This will depend on how contested the case is and how difficult it may be to prove accountability. Each case is different and the proof available can fluctuate. A lawyer can help gather as much evidence as possible and identify what else may be needed if it isn’t available yet.
When Can I Obtain the Settlement?
Due to the intricacy 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 whole amount. If the case goes to trial, it’s going to take longer to receive a settlement. A law firm 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-consuming and expensive to go to trial, so it is something that should be avoided if you can. 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 accept a settlement. If the trial continues, the judge will decide how much compensation the recipient 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 reimbursement for your injuries. Call us today to set up a appointment and get more specific facts about your situation and what you can expect to see moving forward.
.svg)
