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 crash can result from any breakdowns experienced while the vehicle is being driven.
- Overloaded Cargo – product 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 may 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 collision. They may end up hitting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t detect them in time.
- Rushing – Rushing to get to the next location can lead to severe 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 – Truck drivers who are under the influence of drugs or alcohol can end up causing an collision. This includes prescription medications that can cause drowsiness.
- 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 straight away. 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 accident, 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 show the injuries were suffered in the accident. The duration 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 bills out of pocket. This isn't always the case, but it is what insurance companies will say to try to reduce their liability.
Who is Liable for the Accident?
Liability is a complex topic for commercial car or truck accidents. The driver is not always going to be the accountable party. Instead, it could also be anybody involved in the maintenance or use of the vehicle. A legal representative is often needed to determine who the liable party is for any commercial van 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 component of the vehicle, from the engine to the tires.
- Mechanic – The auto 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 appropriate 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 accountable for any injuries if a wreck 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 serviced, the owner may be the liable party.
- Other Drivers – If the collision is caused by another driver, they would be responsible for the accident, even if it includes a commercial vehicle. If another motorist swerves in front of a truck and the truck simply cannot stop in time, it could cause a multi-car accident. The driver who swerved would be accountable 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 approve. It is never a good idea to agree to 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 maximum amount for every claim. So, the first settlement offer will be lower than what the sufferer may be entitled to for their injuries. If this settlement is accepted, the victim cannot get more money from the accountable party later.
Instead of accepting the first settlement, victims can work with a legal representative to negotiate a larger amount. The higher dollar 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 higher settlement offer will include non-quantifiable damages, such as loss of enjoyment of life if the victim suffered long lasting injuries.
Avoid Typical Errors After a Commercial Vehicle Accident
After a vehicle accident, it is important to know what to do and what not to do. Try to avoid 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 mistake. 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 Low 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 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 legal representative and let them handle the insurance provider.
- Avoid Waiting for clinical 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 few 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 truck accidents can be incredibly elaborate and it can be difficult to obtain compensation 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 service providers and only pay the lawyer if the case is won. The total amount of money needed to cover legal fees 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 crash involving a commercial van, talk to a law firm to learn more about the help available for your claim. You may be owed much 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 appointment and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle crashes can lead to significant injuries and damages, so working with a law firm is encouraged. Still, you may have some questions before the consultation. 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 hired 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 place or to move products from one place to another, it is considered a commercial automobile, no matter how large or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is completely different, so it’s hard to say precisely 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 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 costs, there are other types of compensation victims can obtain, including punitive damages. These are typically provided in cases where the judge wants to prevent the same thing from happening in the forthcoming future. If someone took a shortcut, whether that’s pressuring drivers to drive much more per day or not having required maintenance on a vehicle, 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 wrong party. Regrettably, determining liability for commercial vehicle collisions can be challenging. 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 vehicle.
Do I Need a law firm for a Commercial Vehicle Accident?
It is strongly recommended for victims to have a lawyer for these instances due to their complexity. On top of this, it’s better to have a lawyer manage all of the legalities so you can focus on recovering 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 collision.
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 claim. If they do obtain a payment for you, the legal fees are covered in the settlement, so it won’t cost you anything 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 required to fully recover from your injuries before filing a claim. There is a statute of limitations of two years for filing a suit, 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 recovery.
How Do I Prove Who Caused the Accident?
Determining responsibility can be complicated and involves taking a close look into how the collision occurred. At first view, it may seem like the driver made a mistake. When the truck is examined, however, it may show the driver tried to control the truck but was unable to avoid an incident due to a defect or other issue. Evidence for how the crash occurred can be used to show who is responsible for this type of accident.
What Do I Need Before Talking to a Law Firm?
Before talking to a legal representative, 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 slips on hand to show how much money was lost due to recovering from the accident or what may be lost if you cannot get 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 start 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 proof 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 intricacy of commercial vehicle crashes, 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 suit 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?
Many cases do not ever make it to trial. It is time intensive 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 vehicle accident case can go to court. Even then, it’s still possible to accept a settlement. If the trial continues, the judge will decide how much compensation the victim can receive.
If you’ve been in a commercial vehicle crash, take the time to talk to a law firm 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 information about your situation and what you can expect moving forward.
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