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 precisely 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 – freight that is too heavy for the truck or that is not loaded correctly can lead to an accident. It’s possible for the truck to experience a problem 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 longer or attempt to drive more than what’s allowed to stay on schedule, they could 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 incident. They may end up impacting 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 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 – 18 wheel truck drivers who are under the influence of drugs or alcohol can end up causing an crash. This includes prescription medications that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a upkeep 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 as soon as possible. If emergency medical care is not required, the victim should still see a doctor as soon as possible, preferably within the next handful of days. The victim could have hidden injuries that are not apparent immediately after the crash, 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 show the injuries were sustained in the accident. The length of time between the accident and the medical care could be seen as confirmation that the injuries happened elsewhere, but the victim is wanting 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 lessen 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 responsible 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 vehicle accident.
- Manufacturer – If a deficiency in the vehicle leads to an collision, it may be possible to hold the manufacturer liable for any injuries sustained. 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 liable 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 pushes the driver to meet unobtainable standards or to drive more than what’s permitted before a break may be liable for any injuries if a collision 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 repaired, the owner may be the liable party.
- Other Drivers – If the accident is caused by another driver, they would be responsible for the accident, even if it includes a commercial vehicle. If another individual swerves in front of a truck and the truck cannot stop in time, it could end up in a multi-car accident. The driver who swerved would be accountable 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 agree to. It is never a good idea to take 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 largest amount for every claim. So, the starting 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 more substantial 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 increased settlement offer will include non-quantifiable damages, such as loss of satisfaction of life if the victim suffered long-term 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. Avoid all of the following if you’re in a commercial vehicle accident.
- Avoid taking Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their responsibility. 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 settlement for the accident.
- Avoid Accepting a Lower Settlement – Make sure any settlement offer taken is going to be enough to cover the economic 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 tough 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 firm 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 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 very good idea. Commercial van accidents can be incredibly complex and it can be difficult to obtain damages without the right support. Plus, there isn’t a downside to working with a lawyer. 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 amount 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 financially recover from the accident and the lawyer’s fees will be taken care of.
If you’ve been in an crash involving a commercial vehicle, talk to a lawyer 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 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 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 severe injuries and damages, so working with a lawyer is suggested. Still, you may have some questions before the appointment. Read below to learn more about these circumstances and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Automobile?
Commercial vehicles are those employed 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 location or to move goods from one place to another, it is considered a commercial car or truck, no matter how large or compact 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 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 Crash?
Beyond coverage for accident-related bills, 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 requiring drivers to drive more per day or skipping 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 liable party. It is important to get this right, as the lawsuit can get thrown out if it’s against the incorrect party. Sadly, determining liability for commercial vehicle crashes can be difficult. The liable party for a commercial van accident can be the driver, their boss, the truck owner, the manufacturer, or someone else involved with the car or truck.
Do I Need a legal representative for a Commercial Vehicle Accident?
It is absolutely recommended for victims to have a lawyer for these situations due to their complexity. 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 larger settlement that will cover any expenses from the incident.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless they win the case. 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 consultation.
Do I Need to Recover 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 legal claim, and you may still be recovering from significant injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain up-to-date as well as potential medical bills to help with your recovery.
How Do I Show Who Caused the Accident?
Determining liability can be complicated and involves taking a close look into how the crash occurred. At first look, it may seem like the driver made a miscalculation. When the truck is inspected, however, it may show the operator tried to control the truck but was unable to avoid an accident due to a defect or other issue. Evidence for how the collision 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 lawyer, 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 expenses or receipts from the accident. It’s also a good idea to have pay slips on hand to show how much revenue 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 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 is dependent on how contested the case is and how tough it may be to prove responsibility. Each case is different and the facts 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 difficulty of commercial vehicle crashes, 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 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 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 claim reaches the courts. If an agreement 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 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 settlement for your injuries. Call us today to set up a meeting and get more specific information about your situation and what you can expect to see moving forward.
.svg)
