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.
- Poor 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 properly 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 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 may fall asleep at the wheel or make mistakes because they’re exhausted.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an collision. 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 – Rushing to get to the next location can lead to major 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 – commercial transport truck drivers who are under the influence of drugs or alcohol can end up causing an crash. This includes prescription medicines that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a servicing 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 as soon as possible. If emergency medical care is not needed, 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 noticeable immediately after the crash, but that can cause long-term pain and suffering. If the victim does not see the physician 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 wanting to claim it as part of compensation for the accident to avoid having to pay those bills 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 complicated topic for commercial vehicle accidents. The driver is not always going to be the liable party. Instead, it could also be anybody involved in the care or use of the vehicle. A legal representative 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 collision, it may be possible to hold the manufacturer responsible for any injuries sustained. 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 liable if they did not do a repair properly or missed repairs that were needed to keep the vehicle in proper 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 liable 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 serviced, the owner may be the liable party.
- Other Drivers – If the incident is caused by another driver, they would be liable 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 cause 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 agree to. It is never a good idea to approve 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 maximum 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 taken, 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 larger amount. The higher amount will be more likely to include all accident-related expenses, 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 lasting 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 vehicle accident.
- Avoid Accepting 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 accepted 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 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 delay 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 legal representative, but it’s always a beneficial idea. Commercial truck accidents can be incredibly complex and it can be difficult to obtain compensation without the right support. Plus, there isn’t a downside 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 services and only pay the lawyer if the case is won. The amount of money needed to cover legal costs 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 collision involving a commercial vehicle, talk to a legal representative 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 that 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 healing. Contact us today to set up a consultation and learn more about your case.
FAQs About Commercial Truck Accidents
Commercial vehicle crashes can lead to severe injuries and damages, so working with a legal representative is suggested. Still, you may have some questions before the consultation. Read below to learn more about these instances and to learn more about what to look forward to when you have a consultation.
What is Considered a Commercial Vehicle?
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 hired to take someone to another area or to move merchandise from one place to another, it is considered a commercial van, no matter how large or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is 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 Collision?
Beyond coverage for accident-related expenditures, 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 forthcoming future. If someone took a shortcut, whether that’s pressuring drivers to drive more per day or skipping required maintenance on a truck, 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 suit can get thrown out if it’s against the incorrect party. Unfortunately, determining liability for commercial vehicle collisions can be complicated. 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 vehicle.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is strongly recommended for sufferers to have a lawyer for these situations due to their complexity. On top of this, it’s better to have a lawyer handle 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 higher settlement that will cover any expenses 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 payment 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 consultation.
Do I Need to Recoup Before Seeking Compensation?
No, it is not required 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 major injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain up-to-date as well as future medical bills to help with your recovery.
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 view, it may seem like the driver made a mistake. When the truck is examined, however, it may show the operator 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 liable for this type of accident.
What Do I Need Before Talking to a Law Firm?
Before talking to a attorney, write down as much as possible about what took place 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 stubs on hand to show how much money was lost due to recovering 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 head start on the case.
What Evidence is Needed for My Case?
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 vary. A lawyer can help gather as much evidence as possible and identify what else may be needed if it isn’t supplied yet.
When Can I Obtain the Settlement?
Due to the difficulty of commercial vehicle collisions, it can take a while to come to an agreement 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 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?
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 you possibly can. In the majority of cases, a settlement is agreed on before the suit reaches the courts. If an deal cannot be made, a commercial van 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 sufferer 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 appointment and get more specific information about your situation and what you can anticipate moving forward.
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