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 wreck can result from any breakdowns experienced while the truck is being driven.
- Overloaded Cargo – product 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 problem 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 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 identify them in time.
- Rushing – Speeding to get to the next location can lead to major 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 – 18 wheel truck drivers who are under the influence of drugs or alcohol can end up causing an crash. This includes prescription drugs that can cause sleepiness.
- 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
Affected 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 doctor as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not obvious immediately after the incident, but that can cause future pain and suffering. If the victim does not see the doctor soon after the accident, it can also become more difficult to establish the injuries were sustained in the accident. The amount 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 expenses out of pocket. This isn't always the case, but it is what insurance companies will say to try to reduce their liability.
Who is Liable for the Accident?
Liability is a complicated topic for commercial car or truck accidents. The driver is not always going to be the liable party. Instead, it could also be individuals involved in the maintenance or use of the vehicle. A legal representative is often needed to decide who the liable party is for any commercial vehicle accident.
- Manufacturer – If a imperfection in the vehicle leads to an crash, it may be possible to hold the manufacturer accountable for any injuries suffered. Defects can be in any component of the vehicle, from the engine to the tires.
- Mechanic – The 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 pushes 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 owned and operated 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 collision is caused by another driver, they would be liable for the accident, even if it includes a commercial car or truck. If another individual swerves in front of a truck and the truck simply 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 accept. It is never a good idea to accept the first settlement offer without advice from a lawyer. Insurance companies want to lessen the amount they pay out, as they cannot be profitable if they always pay out the maximum amount for every claim. So, the starting settlement offer will be lower than what the recipient may be entitled to for their injuries. If this settlement is accepted, the victim cannot get more money from the accountable party later.
Preferably instead of accepting the first settlement, victims can work with a law firm to negotiate a higher amount. The higher dollar amount will be more likely to include all accident-related bills, 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 enjoyment of life if the victim suffered permanent injuries.
Avoid Common Errors After a Commercial Vehicle Accident
After a truck 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 taking Fault – Many people will immediately apologize after an accident, even if the accident wasn’t their mistake. 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 settlement for the accident.
- Avoid Accepting a Low Settlement – Make sure any settlement offer taken 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 challenging to recover from an crash and go up against the insurance company 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 health 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 support. Plus, there isn’t a drawback 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 services and only pay the attorney if the case is won. The amount of money needed to cover legal expenses 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 collision involving a commercial car or truck, talk to a lawyer 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 ensure 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 healing. Contact us today to set up a consultation and learn more about your case.
FAQs About Commercial Vehicle 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 cases and to learn more about what to look forward to when you have a consultation.
What is Considered a Commercial Vehicle?
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 location or to move merchandise from one place to another, it is considered a commercial vehicle, no matter how large or small it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is different, so it’s hard to say how much a case is worth without looking at the facts. 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 claim may be worth.
Will I Receive Punitive Damages for the Collision?
Beyond coverage for accident-related bills, there are other types of compensation victims can obtain, including punitive damages. These are typically granted in cases where the judge wants to prevent the same thing from happening in the forthcoming future. If someone took a shortcut, whether that’s pressuring drivers to drive a lot more per day or not having 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 suit can get thrown out if it’s against the wrong party. Regrettably, determining liability for commercial vehicle collisions can be challenging. The liable party for a commercial vehicle accident can be the driver, their company, 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 intricacy. On top of this, it’s better to have a lawyer tackle all of the legalities so you can focus on recovering from your injuries. They’ll help with each part of the claim to enable you to get a better settlement that will cover any expenditures from the collision.
How Can I Afford a Lawyer?
Commercial vehicle collision 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 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 consultation.
Do I Need to Recover Before Seeking Compensation?
No, it is not necessary to fully recover from your injury before filing a claim. There is a statute of limitations of two years for filing a suit, and you may still be recovering from significant injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain current as well as foreseeable medical bills to help with your healing.
How Do I Show Who Caused the Accident?
Determining accountability can be complicated and involves taking a close look into how the accident occurred. At first glance, it may seem like the driver made a mistake. When the truck is scrutinized, however, it may show the vehicle driver tried to control the 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 took place 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 stubs 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 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 start on the case.
What Evidence is Needed for My Claim?
This depends on how contested the case is and how challenging it may be to prove accountability. 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 supplied yet.
When Can I Obtain the Settlement?
Due to the intricacy of commercial vehicle collisions, 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 complete amount. If the case goes to trial, it’s going to take longer to get 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 suit 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 crash, take the time to talk to a law firm about your case and learn more about whether you can obtain reimbursement for your injuries. Call us today to set up a consultation and get more specific knowledge about your situation and what you can expect to see moving forward.
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