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 properly maintained, something can go wrong while it’s on the road. A collision can result from any breakdowns experienced while the truck 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 may 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 accident. They may end up hitting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t see them in time.
- Rushing – Speeding to get to the next location can lead to significant 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 accident. This includes prescription drugs that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a servicing 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 needed, the victim should still see a doctor as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not noticeable immediately after the collision, 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 experienced in the accident. The duration of time between the accident and the medical care could be seen as proof 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 costs out of pocket. This isn't always the case, but it is what insurance companies will say to try to minimize 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 anybody 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 vehicle accident.
- Manufacturer – If a deficiency in the vehicle leads to an collision, it may be possible to hold the manufacturer accountable for any injuries experienced. Defects can be in any part of the vehicle, from the engine to the tires.
- Mechanic – The mechanic who worked on the vehicle could be held responsible 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 pushes the driver to satisfy unobtainable standards or to drive more than what’s permitted before a break may be accountable for any injuries if a crash occurs.
- Truck Owner – The vehicle may not be 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 incident is caused by another driver, they would be liable for the accident, even if it includes a commercial car or truck. If another driver 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 at fault 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 take 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 largest 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 taken, the victim cannot get more money from the liable party later.
In lieu 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 bills, 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 Typical Errors After a Commercial Vehicle Accident
After a van 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 vehicle accident.
- Avoid acknowledging 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 compensation for the accident.
- Avoid Accepting a reduced 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 costs will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s difficult to recover from an crash 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 law firm and let them handle the insurance firm.
- Avoid Waiting for Medical 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 law firm, but it’s always a 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 law firm. 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 sum 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 accident involving a commercial vehicle, talk to a law firm to learn more about the help available for your case. You may be owed more compensation than you realize and a lawyer can help ensure 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 consultation and learn more about your case.
FAQs About Commercial Truck Accidents
Commercial vehicle crashes can lead to severe injuries and damages, so working with a law firm is recommended. Still, you may have some questions before the consultation. Read below to learn more about these instances and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Truck?
Commercial vehicles are those paid to move people or merchandise 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 car or truck, no matter how large or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is totally different, so it’s hard to say how much a case is worth without looking at the specifics. Compensation can cover all expenses 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 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 get, including punitive damages. These are typically granted in cases where the judge wants to stop the same thing from happening in the future. If someone took a shortcut, whether that’s requiring drivers to drive a lot 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 liable party. It is important to get this right, as the suit can get thrown out if it’s against the incorrect party. Regrettably, determining liability for commercial vehicle incidents can be difficult. The liable party for a commercial vehicle accident can be the driver, their employer, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a legal representative for a Commercial Vehicle Accident?
It is strongly recommended for victims to have a lawyer for these cases due to their difficulty. 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 case to enable you to get a better settlement that will cover any expenditures from the incident.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless of course they win the suit. If they do obtain a payment for you, the legal fees are included in the settlement, so it won’t cost you anything out of pocket. You can learn more about how this works at the consultation.
Do I Need to Recoup Before Seeking Compensation?
No, it is not essential to fully recover from your traumas before filing a claim. There is a statute of limitations of two years for filing a claim, and you may still be recovering from serious injuries at this point. Instead, let a lawyer handle the case while you recover. They can obtain existing as well as foreseeable medical bills to help with your recovery.
How Do I Show Who Caused the Accident?
Determining liability can be complex and involves taking a close look into how the accident occurred. At first look, it may seem like the driver made a miscalculation. When the truck is examined, however, it may show the operator 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 Legal Representative?
Before talking to a legal representative, write down as much as possible about what occurred to cause the accident. 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 revenue was lost due to recovering 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 appointment, but this information, if it’s available, will give them a good head start on the case.
What Evidence is Needed for My Case?
This depends on how contested the case is and how difficult it may be to prove accountability. Each case is different and the evidence 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 readily available yet.
When Can I Obtain the Settlement?
Due to the difficulty of commercial vehicle crashes, 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 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?
The majority of 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 possible. In the vast majority of cases, a settlement is agreed on before the claim reaches the courts. If an agreement cannot be made, a commercial van 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 victim can receive.
If you’ve been in a commercial vehicle accident, take the time to talk to a lawyer 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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