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 – 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 breakdown 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 surroundings could lead a truck driver to cause an collision. They may end up impacting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t identify 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 choices 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 crash. This includes prescription drugs that can cause sleepiness.
- 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 as soon as possible. If emergency medical care is not required, the victim should still see a medical doctor as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not noticeable 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 prove the injuries were sustained in the accident. The duration of time between the accident and the medical care could be seen as proof 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 complicated topic for commercial vehicle accidents. The driver is not always going to be the accountable party. Instead, it could also be anyone involved in the maintenance or use of the vehicle. A lawyer is often needed to decide who the liable party is for any commercial vehicle accident.
- Manufacturer – If a defect 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 parts of the vehicle, from the engine to the tires.
- Mechanic – The repair shop 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 forces the driver to meet unobtainable standards or to drive more than what’s allowed before a break may be responsible for any injuries if a crash 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 responsible party.
- Other Drivers – If the crash is caused by another driver, they would be accountable for the accident, even if it includes a commercial car or truck. If another driver swerves in front of a truck and the truck 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 approve. It is never a good idea to agree to the first settlement offer without guidance from a lawyer. Insurance companies want to lessen the amount they pay out, as they cannot be profitable if they always pay out the maximum 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 approved, the victim cannot get more money from the responsible party later.
Instead of accepting the first settlement, victims can work with a law firm to negotiate a larger amount. The higher amount 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 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 vehicle accident.
- Avoid acknowledging Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their fault. 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 compensation for the accident.
- Avoid Accepting a Low Settlement – Make sure any settlement offer accepted is going to be enough to cover the financial aspects of the accident. Accepting a low settlement means any other expenditures 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 company at the same time. This often leads to mistakes like accepting a low settlement. Instead, work with a lawyer 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 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 complicated and it can be difficult to obtain compensation without the right help. Plus, there isn’t a downside to working with a law firm. Commercial vehicle accident attorneys work on a contingency basis. This means victims don’t need to pay upfront for legal service providers and only pay the attorney if the case is won. The amount of money needed to cover legal fees is included with other types of compensation requested in a settlement. So, the victim still receives the money needed to fiscally recover from the accident and the lawyer’s fees will be taken care of.
If you’ve been in an accident involving a commercial vehicle, talk to a lawyer 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 you get as much money as possible for the crash. They can also help deal with the legalities 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 Automobile Accidents
Commercial vehicle collisions can lead to severe injuries and damages, so working with a legal representative is encouraged. Still, you may have some questions before the appointment. Read below to learn more about these circumstances and to learn more about what to anticipate when you have a consultation.
What is Considered a Commercial Truck?
Commercial vehicles are those hired 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 area or to move goods from one place to another, it is considered a commercial vehicle, no matter how big 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 details. Compensation can cover all costs 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 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 requiring drivers to drive a lot more per day or skipping required maintenance on a van, 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 case can get thrown out if it’s against the wrong party. Regrettably, determining liability for commercial vehicle accidents can be complex. The liable party for a commercial vehicle accident can be the driver, their company, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is absolutely recommended for sufferers to have a lawyer for these situations 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 case to enable you to get a higher settlement that will cover any expenditures from the crash.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless they win the suit. If they do obtain a payment 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 consultation.
Do I Need to Recover Before Seeking Compensation?
No, it is not required to fully recover from your injury 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 serious injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain up-to-date as well as future medical bills to help with your recovery.
How Do I Establish Who Caused the Accident?
Determining accountability can be complicated and involves taking a close look into how the crash occurred. At first view, it may seem like the driver made a error. When the truck is examined, however, it may show the vehicle driver tried to control the truck 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 accountable for this type of accident.
What Do I Need Before Talking to a Legal Representative?
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 stubs on hand to show how much cash 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 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 is dependent on how contested the case is and how challenging it may be to prove responsibility. Each case is different and the evidence available can differ. 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 intricacy of commercial vehicle accidents, it can take a while to agree on a settlement with the responsible 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 get 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?
Many cases do not ever make it to trial. It is lengthy and expensive to go to trial, so it is something that should be avoided if possible. In the majority of cases, a settlement is agreed on before the claim reaches the courts. If an arrangement 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 establish how much compensation the sufferer can receive.
If you’ve been in a commercial vehicle accident, 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 consultation and get more specific knowledge about your situation and what you can expect to see moving forward.
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