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 precisely maintained, something can go wrong while it’s on the road. A wreck can result from any breakdowns experienced while the truck is being driven.
- Overloaded Cargo – product 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 breakdown due to a heavy load or to tip if the cargo is not balanced.
- Fatigue – Commercial drivers have limitations 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 fatigued.
- 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 – Rushing to get to the next location can lead to major 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 – 18 wheel truck drivers who are under the influence of drugs or alcohol can end up causing an collision. This includes prescribed drugs that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a maintenance issue, environmental problems, 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 physician as soon as possible, preferably within the next couple 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 physician soon after the accident, it can also become more difficult to show the injuries were sustained 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 trying 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 decrease 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 responsible party. Instead, it could also be anybody involved in the care or use of the vehicle. A lawyer is often needed to identify who the liable party is for any commercial van accident.
- Manufacturer – If a deficiency in the vehicle leads to an crash, it may be possible to hold the manufacturer liable 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 responsible if they did not do a repair properly or missed repairs that were needed to keep the vehicle in ideal running condition.
- Employer – An employer who forces the driver to satisfy 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 actually owned by the truck driver. If this is the case and the truck is not properly serviced, the owner may be the responsible party.
- Other Drivers – If the accident is caused by another driver, they would be at fault for the accident, even if it includes a commercial car or truck. If another individual swerves in front of a truck and the truck simply cannot stop in time, it could lead to a multi-car accident. The driver who swerved would be accountable 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 highest amount for every claim. So, the first settlement offer will be lower than what the recipient may be entitled to for their injuries. If this settlement is approved, the victim cannot get more money from the responsible party later.
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 costs, 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 convenience 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 car or truck accident.
- Avoid Accepting 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 compensation 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 collision 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 firm and let them handle the insurance firm.
- Avoid Waiting for clinical Care – As mentioned, it’s never a good idea to postpone 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 elaborate and it can be difficult to obtain compensation without the right assistance. Plus, there isn’t a downside to working with a law firm. Commercial vehicle accident lawyers work on a contingency basis. This means victims don’t need to pay upfront for legal service providers and only pay the lawyer 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 fiscally recover from the accident and the lawyer’s fees will be included.
If you’ve been in an incident involving a commercial van, talk to a law firm to learn more about the help available for your claim. 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 healing. Contact us today to set up a meeting and learn more about your case.
FAQs About Commercial Truck Accidents
Commercial vehicle collisions can lead to significant injuries and damages, so working with a lawyer is encouraged. Still, you may have some questions before the appointment. Read below to learn more about these cases 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 products from place to place. They can include semi-trucks, multipurpose vehicles, passenger vehicles, pickup trucks, buses, and more. If the vehicle can be hired to take someone to another area or to move goods from one place to another, it is considered a commercial automobile, no matter how big 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 how much a case is worth without looking at the specifics. Compensation can cover all bills relating to the accident, such as medical bills, property damages, and lost wages, as well as non-quantifiable or punitive damages. A legal representative 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 expenditures, there are other types of compensation victims can receive, including punitive damages. These are typically provided in cases where the judge wants to prevent 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 skipping required maintenance on a truck, the victim may be awarded punitive damages as a consequence 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 claim can get thrown out if it’s against the incorrect party. Sadly, determining liability for commercial vehicle collisions can be complex. The liable party for a commercial truck accident can be the vehicle driver, their employer, 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 sufferers to have a lawyer for these cases due to their intricacy. On top of this, it’s better to have a lawyer tackle all of the legalities so you can focus on recuperating from your injuries. They’ll help with each part of the suit to enable you to get a better settlement that will cover any expenses from the incident.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay unless they win the claim. 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 meeting.
Do I Need to Recoup Before Seeking Compensation?
No, it is not necessary 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 suit while you recover. They can obtain up-to-date as well as potential medical bills to help with your recuperation.
How Do I Show Who Caused the Accident?
Determining responsibility can be challenging and involves taking a close look into how the accident occurred. At first view, it may seem like the driver made a miscalculation. When the truck is inspected, however, it may show the driver tried to control the car or truck 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 costs 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 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 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 head start on the case.
What Evidence is Needed for My Claim?
This depends on how contested the case is and how tough it may be to prove liability. Each case is different and the proof available can differ. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t supplied yet.
When Can I Obtain the Settlement?
Due to the difficulty of commercial vehicle accidents, 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 complete amount. If the claim goes to trial, it’s going to take longer to obtain a settlement. A legal representative 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 suit 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 crash, take the time to talk to a legal representative about your case and learn more about whether you can obtain reimbursement for your injuries. Call us today to set up a appointment and get more specific details about your situation and what you can anticipate moving forward.
.svg)
