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 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 limitations 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 fatigued.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an collision. They may end up striking another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t identify them in time.
- Rushing – Speeding 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 – 18 wheel truck drivers who are under the influence of drugs or alcohol can end up causing an accident. This includes prescription medications that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a upkeep issue, environmental problems, 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 straight away. If emergency medical care is not required, the victim should still see a medical doctor as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not apparent immediately after the accident, but that can cause long-term pain and suffering. If the victim does not see the physician soon after the accident, it can also become more difficult to prove the injuries were suffered in the accident. The length of time between the accident and the medical care could be seen as evidence 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 individuals involved in the maintenance or use of the vehicle. A lawyer is often needed to identify who the liable party is for any commercial vehicle accident.
- Manufacturer – If a imperfection in the vehicle leads to an crash, it may be possible to hold the manufacturer accountable for any injuries suffered. Defects can be in any component of the vehicle, from the engine to the tires.
- Mechanic – The mechanic who worked on the vehicle could be held liable 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 satisfy unobtainable standards or to drive more than what’s authorized before a break may be responsible for any injuries if a wreck 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 at fault party.
- Other Drivers – If the crash is caused by another driver, they would be at fault for the accident, even if it includes a commercial truck. 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 liable 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 approve. It is never a good idea to take the first settlement offer without advice from a lawyer. Insurance companies want to minimize the amount they pay out, as they cannot be profitable if they always pay out the largest amount for every claim. So, the initial settlement offer will be lower than what the sufferer may be entitled to for their injuries. If this settlement is approved, the victim cannot get more money from the liable party later.
Preferably instead of accepting the first settlement, victims can work with a lawyer to negotiate a more substantial amount. The higher sum of money 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 enjoyment of life if the victim suffered long-term injuries.
Avoid Often Seen 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 van 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 things 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 Low Settlement – Make sure any settlement offer approved is going to be enough to cover the economic 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 overwhelming to recover from an incident and go up against the insurance company 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 firm.
- Avoid Waiting for Medical 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 few 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 settlement without the right assistance. Plus, there isn’t a drawback 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 expertise and only pay the law firm if the case is won. The sum of money needed to cover legal costs is included with other types of compensation requested in a settlement. So, the victim still receives the money needed to financially 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 legal representative to learn more about the help available for your case. You may be owed a lot more compensation than you realize and a lawyer can help ensure 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 recovery. Contact us today to set up a consultation and learn more about your case.
FAQs About Commercial Truck Accidents
Commercial vehicle accidents can lead to serious injuries and damages, so working with a legal representative is recommended. Still, you may have some questions before the consultation. Read below to learn more about these cases and to learn more about what to anticipate when you have a consultation.
What is Considered a Commercial Vehicle?
Commercial vehicles are those paid 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 paid to take someone to another area 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 completely different, so it’s hard to say how much a case is worth without looking at the specifics. 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 legal representative can review the case and let you know how much the case may be worth.
Will I Receive Punitive Damages for the Accident?
Beyond coverage for accident-related expenditures, there are other types of compensation victims can receive, including punitive damages. These are typically awarded in cases where the judge wants to stop the same thing from happening in the future. If someone took a shortcut, whether that’s pushing drivers to drive more per day or missing required maintenance on a vehicle, 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 liable party. It is important to get this right, as the suit can get thrown out if it’s against the wrong party. Sadly, determining liability for commercial vehicle crashes can be complicated. The liable party for a commercial vehicle 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 Lawyer for a Commercial Vehicle Accident?
It is highly recommended for affected individuals 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 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 crash.
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 case. If they do obtain a settlement 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 necessary 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 serious injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain current as well as foreseeable 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 crash occurred. At first glance, it may seem like the driver made a error. 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 incident occurred can be used to show who is accountable for this type of accident.
What Do I Need Before Talking to a Law Firm?
Before talking to a attorney, write down as much as possible about what took place to cause the accident. 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 statements on hand to show how much revenue was lost due to recuperating from the accident or what may be lost if you cannot go back to work in the same capacity. The lawyer can help gather proof as well as let you know if anything else is needed during the consultation, 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 tough it may be to prove responsibility. Each case is different and the evidence available can vary. A lawyer can help gather as much evidence as possible and identify what else may be needed if it isn’t supplied yet.
When Can I Obtain the Settlement?
Due to the complexity of commercial vehicle accidents, it can take a while to agree on a settlement with the liable 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 receive 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?
Most 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 you possibly 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 car or 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 sufferer 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 information about your situation and what you can expect to see moving forward.
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