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 van is being driven.
- Overloaded Cargo – Cargo that is too heavy for the truck or that is not loaded correctly 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 longer 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 incident. 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 – Speeding 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 – commercial transport 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 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 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 obvious immediately after the accident, 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 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 reduce their liability.
Who is Liable for the Accident?
Liability is a complicated topic for commercial car or truck accidents. The driver is not always going to be the liable party. Instead, it could also be individuals involved in the maintenance or use of the vehicle. A legal representative 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 liable 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 responsible if they did not do a repair correctly or missed repairs that were needed to keep the vehicle in ideal running condition.
- Employer – An employer who pushes the driver to satisfy unobtainable standards or to drive more than what’s permitted before a break may be responsible for any injuries if a collision 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 maintained, the owner may be the liable party.
- Other Drivers – If the crash is caused by another driver, they would be accountable for the accident, even if it includes a commercial truck. If another motorist swerves in front of a truck and the truck cannot stop in time, it could cause a multi-car accident. The driver who swerved would be at fault 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 approve the first settlement offer without assistance from a lawyer. Insurance companies want to minimize 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 victim may be entitled to for their injuries. If this settlement is approved, the victim cannot get more money from the responsible party later.
In lieu 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 increased settlement offer will include non-quantifiable damages, such as loss of satisfaction 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. Refrain from all of the following if you’re in a commercial car or truck accident.
- Avoid taking Fault – Many people will immediately 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 payment for the accident.
- Avoid Accepting a reduced 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 costs will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s challenging to recover from an incident and go up against the insurance provider 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 provider.
- 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 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 van accidents can be incredibly elaborate and it can be difficult to obtain compensation without the right help. Plus, there isn’t a drawback 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 sum of money needed to cover legal expenses 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 included.
If you’ve been in an accident involving a commercial car or truck, talk to a law firm to learn more about the help available for your case. You may be owed much more compensation than you realize and a lawyer can help ensure you get as much money as possible for the accident. They can also help deal with the legalities of obtaining compensation while you focus on recuperation. Contact us today to set up a consultation and learn more about your case.
FAQs About Commercial Automobile Accidents
Commercial vehicle crashes can lead to significant injuries and damages, so working with a lawyer is recommended. Still, you may have some questions before the meeting. Read below to learn more about these cases and to learn more about what to look forward to when you have a consultation.
What is Considered a Commercial Automobile?
Commercial vehicles are those employed 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 employed to take someone to another place 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 precisely how much a case is worth without looking at the specifics. Compensation can cover all expenses 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 Collision?
Beyond coverage for accident-related expenses, 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 longer term. If someone took a shortcut, whether that’s forcing drivers to drive a lot more per day or missing 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 accountable party. It is important to get this right, as the case can get thrown out if it’s against the incorrect party. Sadly, determining liability for commercial vehicle accidents can be complicated. The liable party for a commercial van accident can be the vehicle driver, their employer, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a legal representative for a Commercial Vehicle Accident?
It is strongly recommended for sufferers 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 case to enable you to get a better 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 until they win the suit. If they do obtain a payment for you, the legal fees are covered 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 appointment.
Do I Need to Recuperate Before Seeking Compensation?
No, it is not essential to fully recover from your traumas 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 case while you recover. They can obtain up-to-date as well as future medical bills to help with your recuperation.
How Do I Establish Who Caused the Accident?
Determining liability can be complicated and involves taking a close look into how the accident occurred. At first glance, it may seem like the driver made a mistake. 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 crash 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 lawyer, write down as much as possible about what occurred to cause the incident. 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 cash was lost due to recouping 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 starting point on the case.
What Evidence is Needed for My Claim?
This will depend on how contested the case is and how tough it may be to prove accountability. Each case is different and the proof available can fluctuate. 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 complexity of commercial vehicle crashes, 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 complete amount. If the claim goes to trial, it’s going to take longer to receive 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?
Most 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 possible. In the lions share of cases, a settlement is agreed on before the claim 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 decide how much compensation the recipient 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 compensation for your injuries. Call us today to set up a consultation and get more specific knowledge about your situation and what you can anticipate moving forward.
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