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 correctly 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 – Cargo that is too heavy for the truck or that is not loaded securely 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 limitations 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 fatigued.
- Negligence – Failing to pay attention to the road and their environment could lead a truck driver to cause an crash. 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 – Speeding to get to the next location can lead to significant 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 collision. This includes prescribed drugs that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a maintenance issue, environmental problems, or any other reason, it could lead to an accident.
What to Do After an Accident
Victims of a truck accident will want to seek medical attention immediately. If emergency medical care is not required, the victim should still see a medical practitioner as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not noticeable immediately after the incident, but that can cause long-term pain and suffering. If the victim does not see the doctor soon after the accident, it can also become more difficult to show the injuries were experienced 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 attempting 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 minimize their liability.
Who is Liable for the Accident?
Liability is a elaborate topic for commercial car or truck accidents. The driver is not always going to be the accountable party. Instead, it could also be individuals 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 imperfection in the vehicle leads to an accident, it may be possible to hold the manufacturer liable for any injuries experienced. Defects can be in any parts of the vehicle, from the engine to the tires.
- Mechanic – The mechanic who worked on the vehicle could be held accountable 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 forces the driver to fulfill unobtainable standards or to drive more than what’s permitted before a break may be liable 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 maintained, the owner may be the at fault party.
- Other Drivers – If the incident is caused by another driver, they would be liable for the accident, even if it includes a commercial truck. If another motorist swerves in front of a truck and the truck is unable to stop in time, it could end up in 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 accept. It is never a good idea to accept 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 largest 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 accountable party later.
Instead of accepting the first settlement, victims can work with a lawyer to negotiate a more substantial amount. The higher 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 increased settlement offer will include non-quantifiable damages, such as loss of convenience of life if the victim suffered long-term injuries.
Avoid Typical Errors After a Commercial Vehicle Accident
After a truck 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 acknowledging Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their responsibility. Avoid doing this and avoid saying anything 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 taken 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 difficult to recover from an accident 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 law firm and let them handle the insurance firm.
- Avoid Waiting for health 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 of days.
Is It A Good Idea to Hire a Lawyer?
The law doesn’t require victims to hire a law firm, but it’s always a very good idea. Commercial vehicle accidents can be incredibly sophisticated and it can be difficult to obtain compensation without the right support. Plus, there isn’t a drawback to working with a legal representative. Commercial vehicle accident legal professionals 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 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 crash involving a commercial car or truck, 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 you get as much money as possible for the crash. They can also help deal with the legal aspects of obtaining compensation while you focus on recuperation. Contact us today to set up a meeting and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle accidents can lead to severe injuries and damages, so working with a legal representative is advised. 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 Truck?
Commercial vehicles are those employed 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 area 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 totally different, so it’s hard to say exactly how much a case is worth without looking at the facts. 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 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 expenses, there are other types of compensation victims can receive, including punitive damages. These are typically provided in cases where the judge wants to stop the same thing from happening in the longer term. If someone took a shortcut, whether that’s pressuring drivers to drive a lot more per day or not having required maintenance on a van, 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. Sadly, determining liability for commercial vehicle collisions can be challenging. The liable party for a commercial van accident can be the operater, their boss, the truck owner, the manufacturer, or someone else involved with the car or truck.
Do I Need a law firm for a Commercial Vehicle Accident?
It is absolutely recommended for affected individuals 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 recuperating from your injuries. They’ll help with each part of the suit to enable you to get a larger 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 until 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 at all 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 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 significant injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain up-to-date as well as foreseeable medical bills to help with your recuperation.
How Do I Prove Who Caused the Accident?
Determining responsibility can be complex and involves taking a close look into how the incident occurred. At first glance, it may seem like the driver made a error. When the truck is scrutinized, however, it may show the vehicle driver tried to control the vehicle 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 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 occurred to cause the accident. 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 recouping 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 meeting, but this information, if it’s available, will give them a good start on the case.
What Evidence is Needed for My Claim?
This will depend on how contested the case is and how difficult it may be to prove accountability. Each case is different and the proof available can vary. 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 accountable party. Then, the liable party does have some time to pay out the complete amount. If the case goes to trial, it’s going to take longer to get 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 lengthy 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 deal cannot be made, a commercial car or truck 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 recipient 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 settlement for your injuries. Call us today to set up a meeting and get more specific knowledge about your situation and what you can anticipate moving forward.
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