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 precisely maintained, something can go wrong while it’s on the road. A wreck 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 problem 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 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 collision. They may end up impacting 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 severe 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 crash. This includes prescription 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
Affected individuals of a truck accident will want to seek medical attention right away. If emergency medical care is not needed, the victim should still see a doctor as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not evident immediately after the collision, but that can cause future pain and suffering. If the victim does not see the doctor soon after the accident, it can also become more difficult to confirm the injuries were suffered 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 wanting 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 lessen their liability.
Who is Liable for the Accident?
Liability is a complex topic for commercial car or truck accidents. The driver is not always going to be the accountable party. Instead, it could also be anyone involved in the care or use of the vehicle. A lawyer is often needed to decide who the liable party is for any commercial van accident.
- Manufacturer – If a deficiency in the vehicle leads to an accident, it may be possible to hold the manufacturer accountable for any injuries suffered. 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 liable if they did not do a repair properly or missed repairs that were needed to keep the vehicle in ideal running condition.
- Employer – An employer who forces the driver to meet unobtainable standards or to drive more than what’s permitted before a break may be responsible for any injuries if a crash 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 repaired, the owner may be the responsible party.
- Other Drivers – If the accident is caused by another driver, they would be accountable for the accident, even if it includes a commercial vehicle. 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 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 accept. It is never a good idea to approve the first settlement offer without assistance from a lawyer. Insurance companies want to reduce the amount they pay out, as they cannot be profitable if they always pay out the largest 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 accepted, the victim cannot get more money from the accountable party later.
In lieu of accepting the first settlement, victims can work with a legal representative to negotiate a more substantial amount. The higher dollar amount 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 improved settlement offer will include non-quantifiable damages, such as loss of enjoyment of life if the victim suffered long-term injuries.
Avoid Common Errors After a Commercial Vehicle Accident
After a van 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 vehicle accident.
- Avoid taking 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 settlement for the accident.
- Avoid Accepting a Lower Settlement – Make sure any settlement offer approved 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 overwhelming to recover from an collision and go up against the insurance company at the same time. This often leads to errors like accepting a low settlement. Instead, work with a lawyer and let them handle the insurance firm.
- Avoid Waiting for health 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 law firm, but it’s always a beneficial idea. Commercial truck accidents can be incredibly elaborate and it can be difficult to obtain damages without the right support. Plus, there isn’t a downside to working with a lawyer. 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 attorney 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 economically recover from the accident and the lawyer’s fees will be included.
If you’ve been in an collision involving a commercial vehicle, talk to a lawyer 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 collision. They can also help deal with the legal aspects of obtaining compensation while you focus on recovery. Contact us today to set up a meeting and learn more about your case.
FAQs About Commercial Automobile Accidents
Commercial vehicle accidents can lead to significant injuries and damages, so working with a law firm is advised. Still, you may have some questions before the meeting. 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 Vehicle?
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 paid to take someone to another area or to move goods 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 how much a case is worth without looking at the information. 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 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 bills, there are other types of compensation victims can receive, including punitive damages. These are typically awarded in cases where the judge wants to prevent the same thing from happening in the forthcoming future. 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 penalty 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 lawsuit can get thrown out if it’s against the incorrect party. Sadly, determining liability for commercial vehicle crashes can be difficult. The liable party for a commercial truck accident can be the operater, their boss, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a Lawyer 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 recovering from your injuries. They’ll help with each part of the suit to enable you to get a better settlement that will cover any bills from the collision.
How Can I Afford a Lawyer?
Commercial vehicle collision lawyers work on a contingency basis, so you don’t pay unless 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 appointment.
Do I Need to Recoup 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 claim, 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 foreseeable medical bills to help with your healing.
How Do I Show Who Caused the Accident?
Determining accountability can be complicated and involves taking a close look into how the crash occurred. At first look, it may seem like the driver made a error. When the truck is examined, however, it may show the driver tried to control the vehicle but was unable to avoid an incident 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 Legal Representative?
Before talking to a legal representative, write down as much as possible about what happened to cause the crash. 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 slips on hand to show how much money was lost due to recuperating from the accident or what may be lost if you cannot get back to work in the same capacity. The lawyer can help gather proof 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 starting point on the case.
What Evidence is Needed for My Case?
This is dependent on how contested the case is and how tough it may be to prove accountability. Each case is different and the evidence available can fluctuate. A lawyer can help gather as much evidence as possible and identify what else may be needed if it isn’t readily available yet.
When Can I Obtain the Settlement?
Due to the intricacy of commercial vehicle accidents, 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 claim goes to trial, it’s going to take longer to obtain 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?
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 arrangement 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 sufferer can receive.
If you’ve been in a commercial vehicle collision, take the time to talk to a law firm 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 knowledge about your situation and what you can expect moving forward.
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