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 properly 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 – 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 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 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 environment could lead a truck driver to cause an incident. 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 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 collision. This includes prescription medicines that can cause drowsiness.
- 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
Afflicted 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 medical practitioner as soon as possible, preferably within the next handful of days. The victim could have hidden injuries that are not noticeable immediately after the incident, but that can cause future pain and suffering. If the victim does not see the medical doctor soon after the accident, it can also become more difficult to prove the injuries were sustained 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 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 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 lawyer is often needed to decide who the liable party is for any commercial car or truck accident.
- Manufacturer – If a deficiency in the vehicle leads to an crash, it may be possible to hold the manufacturer responsible 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 responsible if they did not do a repair properly 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 authorized 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 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 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 liable in that situation.
The Right Settlement to Accept
When sufferers 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 accept the first settlement offer without assistance 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 starting settlement offer will be lower than what the recipient 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 lawyer 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 improved 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 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 car or truck accident.
- Avoid taking Fault – Many people will automatically apologize after an accident, even if the accident wasn’t their responsibility. 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 approved is going to be enough to cover the monetary 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 challenging 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 law professional 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 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 good idea. Commercial vehicle accidents can be incredibly complex and it can be difficult to obtain compensation without the right help. 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 lawyer if the case is won. The total amount of money needed to cover legal expenses 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 covered.
If you’ve been in an collision involving a commercial van, talk to a legal representative 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 ensure that you get as much money as possible for the incident. They can also help deal with the legal aspects 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 Automobile Accidents
Commercial vehicle collisions can lead to significant injuries and damages, so working with a law firm is advised. Still, you may have some questions before the appointment. 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 Vehicle?
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 location or to move goods from one place to another, it is considered a commercial van, no matter how large or small it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is completely different, so it’s hard to say exactly how much a case is worth without looking at the facts. 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 lawyer 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 expenditures, there are other types of compensation victims can obtain, including punitive damages. These are typically provided in cases where the judge wants to deter the same thing from happening in the future. If someone took a shortcut, whether that’s pressuring drivers to drive much more per day or not having required maintenance on a truck, 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 suit can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle crashes can be difficult. 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 law firm for a Commercial Vehicle Accident?
It is highly recommended for affected individuals to have a lawyer for these situations 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 recouping from your injuries. They’ll help with each part of the suit to enable you to get a higher settlement that will cover any expenses from the collision.
How Can I Afford a Lawyer?
Commercial vehicle crash 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 at all out of pocket. You can learn more about how this works at the appointment.
Do I Need to Recover Before Seeking Compensation?
No, it is not necessary 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 severe 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 recuperation.
How Do I Prove Who Caused the Accident?
Determining accountability 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 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 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 costs or receipts from the accident. It’s also a good idea to have pay stubs on hand to show how much money 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 meeting, 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 will depend 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 figure out what else may be needed if it isn’t available yet.
When Can I Obtain the Settlement?
Due to the complexity of commercial vehicle collisions, it can take a while to come to an agreement on a settlement with the accountable party. Then, the liable party does have some time to pay out the full 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?
Most 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 can. In the vast majority of cases, a settlement is agreed on before the case 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 decide how much compensation the victim can receive.
If you’ve been in a commercial vehicle collision, take the time to talk to a lawyer about your case and learn more about whether you can obtain compensation for your injuries. Call us today to set up a meeting and get more specific details about your situation and what you can expect moving forward.
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