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 properly maintained, something can go wrong while it’s on the road. A crash can result from any breakdowns experienced while the vehicle is being driven.
- Overloaded Cargo – Cargo 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 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 crash. 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 – Rushing 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 – commercial transport truck drivers who are under the influence of drugs or alcohol can end up causing an accident. This includes prescription drugs that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a upkeep 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 right away. 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 evident immediately after the collision, but that can cause future 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 experienced in the accident. The length of time between the accident and the medical care could be seen as proof 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 elaborate topic for commercial car or truck accidents. The driver is not always going to be the responsible party. Instead, it could also be anybody involved in the care or use of the vehicle. A lawyer is often needed to determine who the liable party is for any commercial car or truck accident.
- Manufacturer – If a deficiency in the vehicle leads to an accident, it may be possible to hold the manufacturer accountable 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 accountable if they did not do a repair effectively or missed repairs that were needed to keep the vehicle in proper running condition.
- Employer – An employer who forces the driver to meet unobtainable standards or to drive more than what’s authorized before a break may be liable for any injuries if a crash 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 maintained, the owner may be the at fault party.
- Other Drivers – If the accident 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 is unable to stop in time, it could lead to a multi-car accident. The driver who swerved would be liable in that situation.
The Right Settlement to Accept
When affected individuals 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 taken, the victim cannot get more money from the accountable party later.
Preferably instead of accepting the first settlement, victims can work with a legal representative to negotiate a higher amount. The higher amount 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 improved settlement offer will include non-quantifiable damages, such as loss of satisfaction of life if the victim suffered long-term injuries.
Avoid Common Errors After a Commercial Vehicle Accident
After a vehicle 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 acknowledging Fault – Many people will immediately 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 economic aspects of the accident. Accepting a low settlement means any other bills 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 errors like accepting a low settlement. Instead, work with a legal representative and let them handle the insurance company.
- Avoid Waiting for clinical 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 lawyer, but it’s always a beneficial idea. Commercial van accidents can be incredibly complex and it can be difficult to obtain compensation without the right help. Plus, there isn’t a drawback to working with a lawyer. Commercial vehicle accident legal professionals 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 financially recover from the accident and the lawyer’s fees will be included.
If you’ve been in an collision involving a commercial vehicle, talk to a law firm to learn more about the help available for your case. You may be owed a lot 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 legalities 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 accidents can lead to serious injuries and damages, so working with a legal representative is recommended. Still, you may have some questions before the meeting. Read below to learn more about these circumstances and to learn more about what to anticipate when you have a consultation.
What is Considered a Commercial Truck?
Commercial vehicles are those paid 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 area or to move products from one place to another, it is considered a commercial vehicle, no matter how big or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is different, so it’s hard to say precisely how much a case is worth without looking at the facts. 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 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 awarded in cases where the judge wants to deter the same thing from happening in the future. If someone took a shortcut, whether that’s forcing drivers to drive much more per day or missing required maintenance on a van, 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 case can get thrown out if it’s against the incorrect party. Unfortunately, determining liability for commercial vehicle crashes can be complicated. The liable party for a commercial van accident can be the driver, 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 strongly 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 handle all of the legalities so you can focus on recuperating from your injuries. They’ll help with each part of the case to enable you to get a higher settlement that will cover any expenses from the collision.
How Can I Afford a Lawyer?
Commercial vehicle collision lawyers work on a contingency basis, so you don’t pay until they win the suit. If they do obtain a payment 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 injuries before filing a claim. There is a statute of limitations of two years for filing a claim, and you may still be recovering from severe injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain current as well as potential medical bills to help with your recuperation.
How Do I Establish Who Caused the Accident?
Determining liability can be challenging and involves taking a close look into how the accident occurred. At first look, it may seem like the driver made a error. When the truck is scrutinized, however, it may show the operator 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 Legal Representative?
Before talking to a lawyer, write down as much as possible about what happened to cause the incident. 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 statements on hand to show how much cash 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 evidence 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 is dependent on how contested the case is and how challenging it may be to prove liability. Each case is different and the evidence available can fluctuate. A lawyer can help gather as much evidence as possible and decide what else may be needed if it isn’t readily available yet.
When Can I Obtain the Settlement?
Due to the difficulty of commercial vehicle crashes, it can take a while to agree on a settlement with the liable party. Then, the liable party does have some time to pay out the whole amount. If the suit goes to trial, it’s going to take longer to get 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 possibly 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 truck 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 legal representative about your case and learn more about whether you can obtain settlement for your injuries. Call us today to set up a consultation and get more specific facts about your situation and what you can anticipate moving forward.
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