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 correctly maintained, something can go wrong while it’s on the road. A crash can result from any breakdowns experienced while the vehicle 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 failure 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 longer or attempt to drive more than what’s allowed to stay on schedule, they could fall asleep at the wheel or make mistakes because they’re tired.
- Negligence – Failing to pay attention to the road and their environment 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 see 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 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 incident. This includes prescription drugs that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a upkeep issue, environmental problems, or any other reason, it could lead to an accident.
What to Do After an Accident
Afflicted individuals of a truck accident will want to seek medical attention straight away. If emergency medical care is not required, the victim should still see a medical doctor as soon as possible, preferably within the next couple of 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 prove the injuries were sustained 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 costs 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 liable party. Instead, it could also be anyone involved in the maintenance or use of the vehicle. A legal representative is often needed to identify who the liable party is for any commercial vehicle accident.
- Manufacturer – If a deficiency in the vehicle leads to an collision, it may be possible to hold the manufacturer responsible for any injuries experienced. Defects can be in any component 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 correctly or missed repairs that were needed to keep the vehicle in appropriate running condition.
- Employer – An employer who pushes the driver to meet unobtainable standards or to drive more than what’s authorized 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 serviced, the owner may be the liable party.
- Other Drivers – If the collision is caused by another driver, they would be liable for the accident, even if it includes a commercial vehicle. If another driver swerves in front of a truck and the truck simply cannot stop in time, it could lead to a multi-car accident. The driver who swerved would be responsible 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 take the first settlement offer without assistance from a lawyer. Insurance companies want to lessen the amount they pay out, as they cannot be profitable if they always pay out the highest amount for every claim. So, the initial 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 accountable party later.
Instead of accepting the first settlement, victims can work with a law firm to negotiate a higher amount. The higher amount of money will be more likely to include all accident-related costs, 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 lasting injuries.
Avoid Common Errors After a Commercial Vehicle Accident
After a vehicle 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 car or truck accident.
- Avoid acknowledging Fault – Many people will immediately apologize after an accident, even if the accident wasn’t their responsibility. 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 Lower Settlement – Make sure any settlement offer approved is going to be enough to cover the monetary aspects of the accident. Accepting a low settlement means any other expenses will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s overwhelming to recover from an accident 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 legal representative 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 few days.
Is It A Good Idea to Hire a Lawyer?
The law doesn’t require victims to hire a lawyer, but it’s always a beneficial idea. Commercial van accidents can be incredibly elaborate and it can be difficult to obtain settlement without the right support. Plus, there isn’t a disadvantage to working with a law firm. 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 law firm if the case is won. The sum of money needed to cover legal expenses 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 included.
If you’ve been in an accident involving a commercial van, talk to a lawyer 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 incident. They can also help deal with the legalities of obtaining compensation while you focus on recuperation. Contact us today to set up a appointment and learn more about your case.
FAQs About Commercial Truck Accidents
Commercial vehicle collisions can lead to significant 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 cases 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 merchandise from place to place. They can include semi-trucks, multipurpose vehicles, passenger vehicles, pickup trucks, buses, and more. If the vehicle can be paid to take someone to another location 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 totally different, so it’s hard to say how much a case is worth without looking at the details. 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 legal representative can review the case and let you know how much the case may be worth.
Will I Receive Punitive Damages for the Crash?
Beyond coverage for accident-related expenditures, there are other types of compensation victims can receive, including punitive damages. These are typically given 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 requiring drivers to drive much more per day or not having required maintenance on a truck, 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 responsible party. It is important to get this right, as the case can get thrown out if it’s against the incorrect party. Regrettably, determining liability for commercial vehicle collisions can be complex. The liable party for a commercial vehicle accident can be the operater, their employer, 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 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 handle 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 higher settlement that will cover any bills from the incident.
How Can I Afford a Lawyer?
Commercial vehicle collision lawyers work on a contingency basis, so you don’t pay unless they win the suit. If they do obtain a settlement for you, the legal fees are included 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 Recuperate Before Seeking Compensation?
No, it is not essential to fully recover from your injuries 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 existing as well as foreseeable medical bills to help with your recuperation.
How Do I Prove Who Caused the Accident?
Determining liability can be complicated and involves taking a close look into how the crash 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 collision occurred can be used to show who is liable 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 collision. 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 money 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 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 start on the case.
What Evidence is Needed for My Claim?
This will depend on how contested the case is and how challenging it may be to prove responsibility. Each case is different and the evidence available can fluctuate. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t readily available yet.
When Can I Obtain the Settlement?
Due to the difficulty of commercial vehicle accidents, it can take a while to come to an agreement on a settlement with the liable party. Then, the liable party does have some time to pay out the complete amount. If the suit goes to trial, it’s going to take longer to get a settlement. A lawyer 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 majority of cases, a settlement is agreed on before the suit reaches the courts. If an agreement cannot be made, a commercial 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 accident, take the time to talk to a law firm about your case and learn more about whether you can obtain settlement 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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