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 properly maintained, something can go wrong while it’s on the road. A wreck 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 limits on how much they can drive per day. If they’re forced to drive much longer 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 exhausted.
- Negligence – Failing to pay attention to the road and their surroundings 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 detect them in time.
- Rushing – Rushing to get to the next location can lead to serious 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 – 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 drowsiness.
- Loss of Control – If the truck driver loses control due to a servicing issue, environmental concerns, 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 medical doctor as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not apparent 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 establish the injuries were sustained in the accident. The amount 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 costs 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 vehicle accidents. The driver is not always going to be the liable party. Instead, it could also be individuals involved in the care or use of the vehicle. A lawyer is often needed to determine who the liable party is for any commercial car or truck accident.
- Manufacturer – If a defect 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 parts 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 ideal running condition.
- Employer – An employer who pushes 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 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 maintained, the owner may be the at fault party.
- Other Drivers – If the collision is caused by another driver, they would be at fault for the accident, even if it includes a commercial car or truck. If another motorist 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 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 agree to 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 highest 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 taken, the victim cannot get more money from the accountable party later.
Preferably instead of accepting the first settlement, victims can work with a lawyer to negotiate a higher amount. The higher amount of money 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 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 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 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 reduced 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 costs will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s difficult to recover from an incident 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 lawyer and let them handle the insurance company.
- Avoid Waiting for Medical 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 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 support. Plus, there isn’t a disadvantage 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 expertise and only pay the lawyer if the case is won. The 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 covered.
If you’ve been in an collision involving a commercial van, talk to a law firm 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 you get as much money as possible for the incident. 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 crashes can lead to serious injuries and damages, so working with a lawyer is advised. Still, you may have some questions before the appointment. Read below to learn more about these situations 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 location or to move goods from one place to another, it is considered a commercial car or truck, 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 exactly how much a case is worth without looking at the details. 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 Collision?
Beyond coverage for accident-related costs, there are other types of compensation victims can obtain, including punitive damages. These are typically granted in cases where the judge wants to deter the same thing from happening in the forthcoming future. If someone took a shortcut, whether that’s pushing drivers to drive a lot more per day or missing 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 accountable party. It is important to get this right, as the claim can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle incidents can be complicated. The liable party for a commercial truck accident can be the operater, their company, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a legal representative for a Commercial Vehicle Accident?
It is absolutely recommended for affected individuals to have a lawyer for these instances due to their difficulty. On top of this, it’s better to have a lawyer tackle 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 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 meeting.
Do I Need to Recoup Before Seeking Compensation?
No, it is not necessary to fully recover from your injury before filing a claim. There is a statute of limitations of two years for filing a suit, and you may still be recovering from major injuries at this point. Instead, let a lawyer handle the case while you recover. They can obtain current as well as potential medical bills to help with your recovery.
How Do I Show Who Caused the Accident?
Determining accountability can be complex and involves taking a close look into how the incident occurred. At first view, it may seem like the driver made a miscalculation. When the truck is scrutinized, however, it may show the operator tried to control the car or 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 liable for this type of accident.
What Do I Need Before Talking to a Lawyer?
Before talking to a attorney, write down as much as possible about what occurred 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 revenue was lost due to recuperating 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 consultation, 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 depends on how contested the case is and how tough it may be to prove liability. Each case is different and the facts 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 intricacy of commercial vehicle accidents, it can take a while to come to an agreement on a settlement with the responsible party. Then, the liable party does have some time to pay out the full amount. If the claim 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?
Many 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 lions share of cases, a settlement is agreed on before the case reaches the courts. If an settlement cannot be made, a commercial vehicle accident case can go to court. Even then, it’s still possible to settle. If the trial continues, the judge will determine how much compensation the recipient 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 payment for your injuries. Call us today to set up a consultation and get more specific details about your situation and what you can anticipate moving forward.
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