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 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 breakdown 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 much 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 crash. 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 decisions 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 incident. This includes prescription drugs that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a maintenance 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 immediately. If emergency medical care is not needed, the victim should still see a medical practitioner as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not apparent immediately after the incident, 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 amount of time between the accident and the medical care could be seen as evidence 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 bills 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 vehicle accidents. The driver is not always going to be the liable party. Instead, it could also be anyone involved in the care or use of the vehicle. A legal representative is often needed to decide who the liable party is for any commercial car or truck accident.
- Manufacturer – If a imperfection in the vehicle leads to an crash, it may be possible to hold the manufacturer responsible for any injuries sustained. Defects can be in any parts 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 effectively or missed repairs that were needed to keep the vehicle in ideal running condition.
- Employer – An employer who forces the driver to fulfill unobtainable standards or to drive more than what’s allowed before a break may be liable for any injuries if a collision 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 repaired, the owner may be the at fault party.
- Other Drivers – If the collision is caused by another driver, they would be accountable for the accident, even if it includes a commercial truck. If another driver 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 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 accept the first settlement offer without assistance from a lawyer. Insurance companies want to minimize the amount they pay out, as they cannot be profitable if they always pay out the highest amount for every claim. So, the initial settlement offer will be lower than what the recipient may be entitled to for their injuries. If this settlement is taken, the victim cannot get more money from the accountable party later.
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 expenses, 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 permanent 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. Refrain from all of the following if you’re in a commercial van accident.
- Avoid Accepting 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 minimal Settlement – Make sure any settlement offer accepted 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 incident 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 professional and let them handle the insurance provider.
- Avoid Waiting for clinical 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 legal representative, but it’s always a beneficial idea. Commercial vehicle accidents can be incredibly complex and it can be difficult to obtain damages without the right help. Plus, there isn’t a drawback 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 service providers and only pay the attorney if the case is won. The total amount of money needed to cover legal expenses is included with other types of compensation demanded in a settlement. So, the victim still receives the money needed to economically recover from the accident and the lawyer’s fees will be taken care of.
If you’ve been in an accident 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 ensure that you get as much money as possible for the incident. They can also help deal with the legal aspects of obtaining compensation while you focus on recuperation. 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 legal representative is recommended. Still, you may have some questions before the consultation. Read below to learn more about these cases and to learn more about what to anticipate when you have a consultation.
What is Considered a Commercial Vehicle?
Commercial vehicles are those hired to move people or products 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 area or to move products from one place to another, it is considered a commercial car or truck, 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 how much a case is worth without looking at the information. 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 lawyer 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 costs, 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 pressuring drivers to drive much 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 accountable party. It is important to get this right, as the suit can get thrown out if it’s against the wrong party. Sadly, determining liability for commercial vehicle crashes can be difficult. 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 vehicle.
Do I Need a law firm for a Commercial Vehicle Accident?
It is absolutely 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 case to enable you to get a better settlement that will cover any costs 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 payment 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 Recover Before Seeking Compensation?
No, it is not necessary to fully recover from your traumas 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 serious injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain up-to-date as well as future medical bills to help with your healing.
How Do I Establish Who Caused the Accident?
Determining liability 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 operator tried to control the car or truck but was unable to avoid an accident due to a defect or other issue. Evidence for how the accident occurred can be used to show who is responsible for this type of accident.
What Do I Need Before Talking to a Law Firm?
Before talking to a attorney, write down as much as possible about what happened to cause the collision. Gather any medical bills that have already been received as well as bills or receipts from the accident. It’s also a good idea to have pay slips on hand to show how much money was lost due to recuperating 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 meeting, but this information, if it’s available, will give them a good start on the case.
What Evidence is Needed for My Case?
This depends on how contested the case is and how tough it may be to prove accountability. Each case is different and the facts available can fluctuate. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t supplied yet.
When Can I Obtain the Settlement?
Due to the intricacy of commercial vehicle accidents, it can take a while to come to an agreement on a settlement with the liable party. Then, the liable party does have some time to pay out the full amount. If the case goes to trial, it’s going to take longer to receive 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?
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 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 truck accident case can go to court. Even then, it’s still possible to settle. If the trial continues, the judge will establish how much compensation the recipient can receive.
If you’ve been in a commercial vehicle accident, 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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