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 van 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 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 environment could lead a truck driver to cause an accident. They may end up striking another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t identify them in time.
- Rushing – Speeding to get to the next location can lead to serious 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 – 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 maintenance issue, environmental concerns, 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 immediately. If emergency medical care is not required, the victim should still see a medical practitioner as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not obvious immediately after the collision, but that can cause future pain and suffering. If the victim does not see the medical practitioner soon after the accident, it can also become more difficult to prove the injuries were sustained in the accident. The amount of time between the accident and the medical care could be seen as evidence 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 lessen their liability.
Who is Liable for the Accident?
Liability is a elaborate topic for commercial van accidents. The driver is not always going to be the accountable party. Instead, it could also be anybody 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 collision, 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 responsible if they did not do a repair correctly or missed repairs that were needed to keep the vehicle in proper running condition.
- Employer – An employer who forces the driver to fulfill unobtainable standards or to drive more than what’s authorized before a break may be responsible for any injuries if a collision occurs.
- Truck Owner – The vehicle may not be 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 incident is caused by another driver, they would be at fault for the accident, even if it includes a commercial truck. If another individual swerves in front of a truck and the truck simply cannot stop in time, it could cause 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 accept. It is never a good idea to take the first settlement offer without advice 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 taken, the victim cannot get more money from the accountable party later.
In lieu of accepting the first settlement, victims can work with a law firm to negotiate a more substantial amount. The higher sum of money 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 increased settlement offer will include non-quantifiable damages, such as loss of satisfaction of life if the victim suffered long lasting injuries.
Avoid Typical Errors After a Commercial Vehicle Accident
After a vehicle 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 car or truck accident.
- Avoid acknowledging Fault – Many people will automatically apologize after an accident, even if the accident wasn’t their fault. Avoid doing this and avoid saying something 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 minimal 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 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 errors like accepting a low settlement. Instead, work with a legal representative and let them handle the insurance provider.
- 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 very good idea. Commercial van accidents can be incredibly sophisticated 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 service providers and only pay the lawyer if the case is won. The total amount of money needed to cover legal costs is included with other types of compensation asked for 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 van, 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 legal aspects of obtaining compensation while you focus on healing. Contact us today to set up a appointment and learn more about your case.
FAQs About Commercial Truck Accidents
Commercial vehicle crashes can lead to significant injuries and damages, so working with a legal representative is advised. Still, you may have some questions before the meeting. 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 employed to take someone to another location or to move merchandise from one place to another, it is considered a commercial automobile, no matter how big or compact it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is 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 Accident?
Beyond coverage for accident-related costs, there are other types of compensation victims can get, including punitive damages. These are typically granted 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 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 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 lawsuit can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle accidents can be complex. The liable party for a commercial truck 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 highly recommended for sufferers to have a lawyer for these situations due to their difficulty. On top of this, it’s better to have a lawyer tackle 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 higher settlement that will cover any costs from the incident.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless they win the case. If they do obtain a settlement 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 required to fully recover from your traumas 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 case while you recover. They can obtain existing as well as potential medical bills to help with your healing.
How Do I Prove Who Caused the Accident?
Determining accountability 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 mistake. When the truck is scrutinized, however, it may show the vehicle driver tried to control the truck but was unable to avoid an accident 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 lawyer, write down as much as possible about what took place to cause the accident. 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 slips on hand to show how much revenue 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 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 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 liability. Each case is different and the facts 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 intricacy of commercial vehicle collisions, it can take a while to agree on a settlement with the responsible 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 receive 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 time-consuming and expensive to go to trial, so it is something that should be avoided if possible. In the vast majority of cases, a settlement is agreed on before the suit reaches the courts. If an settlement cannot be made, a commercial vehicle accident case can go to court. Even then, it’s still possible to settle. If the trial continues, the judge will establish how much compensation the sufferer can receive.
If you’ve been in a commercial vehicle crash, 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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