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 crash can result from any breakdowns experienced while the van is being driven.
- Overloaded Cargo – freight 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 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 tired.
- Negligence – Failing to pay attention to the road and their surroundings 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 choices 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 collision. This includes prescription medicines that can cause sleepiness.
- 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
Affected individuals of a truck accident will want to seek medical attention straight away. If emergency medical care is not needed, the victim should still see a physician 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 potential pain and suffering. If the victim does not see the physician soon after the accident, it can also become more difficult to establish the injuries were suffered 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 attempting 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 lessen their liability.
Who is Liable for the Accident?
Liability is a complicated 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 maintenance 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 collision, it may be possible to hold the manufacturer responsible for any injuries suffered. Defects can be in any part of the vehicle, from the engine to the tires.
- Mechanic – The auto mechanic who worked on the vehicle could be held accountable if they did not do a repair properly 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 allowed before a break may be accountable for any injuries if a crash 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 collision is caused by another driver, they would be at fault 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 end up in 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 approve. It is never a good idea to agree to the first settlement offer without guidance from a lawyer. Insurance companies want to minimize the amount they pay out, as they cannot be profitable if they always pay out the largest amount for every claim. So, the initial 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.
Instead of accepting the first settlement, victims can work with a law firm to negotiate a larger amount. The higher amount 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 increased settlement offer will include non-quantifiable damages, such as loss of satisfaction of life if the victim suffered long lasting injuries.
Avoid Often Seen 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 van 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 things 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 reduced Settlement – Make sure any settlement offer approved is going to be enough to cover the financial 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 tough to recover from an accident and go up against the insurance provider at the same time. This often leads to issues 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 delay 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 law firm, 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 disadvantage to working with a legal representative. 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 total amount of money needed to cover legal costs 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 covered.
If you’ve been in an crash involving a commercial van, talk to a law firm 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 that you get as much money as possible for the collision. They can also help deal with the legal aspects 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 Vehicle Accidents
Commercial vehicle accidents can lead to severe injuries and damages, so working with a law firm is recommended. 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 Automobile?
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 paid to take someone to another location or to move products from one place to another, it is considered a commercial van, 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 law firm 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 bills, there are other types of compensation victims can receive, including punitive damages. These are typically given in cases where the judge wants to deter the same thing from happening in the forthcoming future. If someone took a shortcut, whether that’s forcing drivers to drive much more per day or not having required maintenance on a vehicle, the victim may be awarded punitive damages as a punishment 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 claim can get thrown out if it’s against the wrong party. Regrettably, determining liability for commercial vehicle accidents can be difficult. The liable party for a commercial vehicle accident can be the vehicle driver, their company, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is absolutely recommended for sufferers to have a lawyer for these cases 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 recuperating from your injuries. They’ll help with each part of the claim to enable you to get a better settlement that will cover any expenses from the collision.
How Can I Afford a Lawyer?
Commercial vehicle accident 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 anything out of pocket. You can learn more about how this works at the appointment.
Do I Need to Recuperate Before Seeking Compensation?
No, it is not required 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 major injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain up-to-date as well as potential medical bills to help with your recovery.
How Do I Establish Who Caused the Accident?
Determining responsibility can be complex and involves taking a close look into how the accident occurred. At first view, it may seem like the driver made a error. When the truck is inspected, however, it may show the 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 liable 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 occurred to cause the collision. 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 statements on hand to show how much money was lost due to recouping 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 meeting, 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 depends on how contested the case is and how tough it may be to prove responsibility. Each case is different and the proof available can vary. 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 accidents, 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 obtain 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?
Many cases do not ever make it to trial. It is lengthy and expensive to go to trial, so it is something that should be avoided if you possibly can. In the majority of cases, a settlement is agreed on before the suit reaches the courts. If an deal cannot be made, a commercial van 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 victim can receive.
If you’ve been in a commercial vehicle collision, take the time to talk to a law firm about your case and learn more about whether you can obtain payment for your injuries. Call us today to set up a meeting and get more specific facts about your situation and what you can expect to see moving forward.
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