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 properly maintained, something can go wrong while it’s on the road. A crash can result from any breakdowns experienced while the truck 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 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 might fall asleep at the wheel or make mistakes because they’re exhausted.
- Negligence – Failing to pay attention to the road and their environment could lead a truck driver to cause an incident. They may end up hitting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t see them in time.
- Rushing – Hurrying to get to the next location can lead to serious 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 – 18 wheel truck drivers who are under the influence of drugs or alcohol can end up causing an accident. This includes prescription drugs that can cause drowsiness.
- 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
Victims of a truck accident will want to seek medical attention straight away. If emergency medical care is not necessary, the victim should still see a doctor as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not evident immediately after the crash, but that can cause potential pain and suffering. If the victim does not see the medical doctor soon after the accident, it can also become more difficult to confirm the injuries were sustained in the accident. The length of time between the accident and the medical care could be seen as confirmation 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 costs out of pocket. This isn't always the case, but it is what insurance companies will say to try to lessen 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 accountable party. Instead, it could also be individuals involved in the servicing or use of the vehicle. A lawyer is often needed to identify who the liable party is for any commercial van accident.
- Manufacturer – If a defect in the vehicle leads to an accident, it may be possible to hold the manufacturer responsible for any injuries suffered. Defects can be in any part of the vehicle, from the engine to the tires.
- Mechanic – The auto mechanic who worked on the vehicle could be held responsible if they did not do a repair effectively or missed repairs that were needed to keep the vehicle in appropriate running condition.
- Employer – An employer who pushes the driver to satisfy unobtainable standards or to drive more than what’s allowed before a break may be accountable for any injuries if a collision 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 liable party.
- Other Drivers – If the collision is caused by another driver, they would be accountable for the accident, even if it includes a commercial vehicle. If another individual swerves in front of a truck and the truck is unable to stop in time, it could lead to a multi-car accident. The driver who swerved would be at fault 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 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 largest amount for every claim. So, the starting 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 accountable party later.
In lieu of accepting the first settlement, victims can work with a lawyer to negotiate a higher amount. The higher dollar 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 improved settlement offer will include non-quantifiable damages, such as loss of satisfaction of life if the victim suffered permanent injuries.
Avoid Often Seen Errors After a Commercial Vehicle Accident
After a van accident, it is important to know what to do and what not to do. Avoid all of the following if you’re in a commercial van accident.
- Avoid acknowledging Fault – Many people will automatically apologize after an accident, even if the accident wasn’t their mistake. 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 approved 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 overwhelming to recover from an collision and go up against the insurance corporation 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 firm.
- Avoid Waiting for clinical 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 complex and it can be difficult to obtain compensation without the right help. Plus, there isn’t a drawback 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 lawyer 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 included.
If you’ve been in an crash 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 that 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 meeting and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle accidents can lead to serious injuries and damages, so working with a law firm is encouraged. Still, you may have some questions before the meeting. Read below to learn more about these situations and to learn more about what to look forward to when you have a consultation.
What is Considered a Commercial Truck?
Commercial vehicles are those paid 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 hired to take someone to another area or to move products from one place to another, it is considered a commercial car or truck, 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 precisely 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 lawyer 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 bills, there are other types of compensation victims can get, including punitive damages. These are typically awarded 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 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 incorrect party. Sadly, determining liability for commercial vehicle accidents can be complicated. The liable party for a commercial van accident can be the driver, their company, 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 cases 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 claim to enable you to get a higher settlement that will cover any expenditures from the crash.
How Can I Afford a Lawyer?
Commercial vehicle collision lawyers work on a contingency basis, so you don’t pay until they win the suit. 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 appointment.
Do I Need to Recuperate 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 up-to-date as well as foreseeable medical bills to help with your healing.
How Do I Establish Who Caused the Accident?
Determining responsibility can be complicated and involves taking a close look into how the incident occurred. At first view, it may seem like the driver made a mistake. When the truck is scrutinized, however, it may show the driver tried to control the 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 Lawyer?
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 bills or receipts from the accident. It’s also a good idea to have pay statements on hand to show how much money 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 facts 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 start on the case.
What Evidence is Needed for My Claim?
This is dependent on how contested the case is and how tough it may be to prove accountability. Each case is different and the proof available can differ. 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 difficulty 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 whole 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?
The majority of 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 lions share of cases, a settlement is agreed on before the suit reaches the courts. If an agreement 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 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 payment for your injuries. Call us today to set up a meeting and get more specific information about your situation and what you can anticipate moving forward.
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