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.
- Mediocre 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 securely 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 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 exhausted.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an crash. They may end up striking another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t identify them in time.
- Rushing – Rushing 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 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 straight away. If emergency medical care is not required, the victim should still see a physician as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not obvious immediately after the collision, but that can cause future pain and suffering. If the victim does not see the medical practitioner soon after the accident, it can also become more difficult to confirm 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 costs 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 elaborate 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 servicing or use of the vehicle. A legal representative 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 accident, it may be possible to hold the manufacturer liable for any injuries suffered. Defects can be in any part of the vehicle, from the engine to the tires.
- Mechanic – The repair shop 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 appropriate 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 accident is caused by another driver, they would be liable for the accident, even if it includes a commercial truck. If another motorist swerves in front of a truck and the truck cannot stop in time, it could cause a multi-car accident. The driver who swerved would be accountable 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 agree to. It is never a good idea to approve the first settlement offer without guidance from a lawyer. Insurance companies want to reduce the amount they pay out, as they cannot be profitable if they always pay out the highest amount for every claim. So, the first 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 accountable 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 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 enjoyment of life if the victim suffered long-term 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. Avoid all of the following if you’re in a commercial car or truck accident.
- Avoid acknowledging Fault – Many people will automatically apologize after an accident, even if the accident wasn’t their fault. 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 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 expenditures will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s tough 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 company.
- Avoid Waiting for Medical Care – As mentioned, it’s never a good idea to delay 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 truck accidents can be incredibly elaborate and it can be difficult to obtain damages without the right support. Plus, there isn’t a drawback to working with a law firm. 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 sum of money needed to cover legal costs is included with other types of compensation asked for in a settlement. So, the victim still receives the money needed to economically recover from the accident and the lawyer’s fees will be included.
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 accident. They can also help deal with the legalities of obtaining compensation while you focus on recuperation. 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 advised. Still, you may have some questions before the consultation. Read below to learn more about these situations 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 goods from place to place. They can include semi-trucks, multipurpose vehicles, passenger vehicles, pickup trucks, buses, and more. If the vehicle can be employed to take someone to another place or to move merchandise from one place to another, it is considered a commercial van, no matter how big or small it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is totally different, so it’s hard to say exactly how much a case is worth without looking at the details. Compensation can cover all costs 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 Accident?
Beyond coverage for accident-related expenses, there are other types of compensation victims can get, including punitive damages. These are typically given in cases where the judge wants to prevent the same thing from happening in the future. If someone took a shortcut, whether that’s requiring drivers to drive more per day or skipping required maintenance on a vehicle, 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. Sadly, determining liability for commercial vehicle collisions can be challenging. The liable party for a commercial van accident can be the operater, their company, the truck owner, the manufacturer, or someone else involved with the car or truck.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is highly recommended for sufferers to have a lawyer for these instances due to their difficulty. On top of this, it’s better to have a lawyer manage 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 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 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 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 injuries 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 existing as well as potential medical bills to help with your recuperation.
How Do I Prove 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 inspected, however, it may show the driver tried to control the vehicle 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 accountable for this type of accident.
What Do I Need Before Talking to a Lawyer?
Before talking to a legal representative, write down as much as possible about what took place to cause the crash. 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 cash was lost due to recovering from the accident or what may be lost if you cannot return 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 consultation, but this information, if it’s available, will give them a good starting point on the case.
What Evidence is Needed for My Claim?
This is dependent on how contested the case is and how difficult it may be to prove liability. Each case is different and the proof available can fluctuate. A lawyer can help gather as much evidence as possible and figure out what else may be needed if it isn’t supplied yet.
When Can I Obtain the Settlement?
Due to the complexity of commercial vehicle collisions, 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 full amount. If the suit 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?
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 possibly can. In the lions share of cases, a settlement is agreed on before the claim reaches the courts. If an agreement cannot be made, a commercial vehicle accident case can go to court. Even then, it’s still possible to settle. If the trial continues, the judge will determine how much compensation the recipient can receive.
If you’ve been in a commercial vehicle collision, take the time to talk to a legal representative 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 knowledge about your situation and what you can expect moving forward.
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