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 correctly maintained, something can go wrong while it’s on the road. A wreck can result from any breakdowns experienced while the van is being driven.
- Overloaded Cargo – freight 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 restrictions on how much they can drive per day. If they’re forced to drive further 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 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 – 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 – 18 wheel truck drivers who are under the influence of drugs or alcohol can end up causing an incident. This includes prescribed 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
Afflicted individuals of a truck accident will want to seek medical attention immediately. If emergency medical care is not needed, the victim should still see a physician as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not noticeable immediately after the incident, but that can cause long-term 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 suffered in the accident. The length of time between the accident and the medical care could be seen as proof 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 responsible party. Instead, it could also be individuals involved in the care or use of the vehicle. A lawyer 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 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 mechanic who worked on the vehicle could be held liable if they did not do a repair correctly or missed repairs that were needed to keep the vehicle in ideal running condition.
- Employer – An employer who forces the driver to satisfy unobtainable standards or to drive more than what’s allowed before a break may be liable for any injuries if a wreck 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 responsible party.
- Other Drivers – If the collision 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 cannot stop in time, it could end up in a multi-car accident. The driver who swerved would be accountable in that situation.
The Right Settlement to Accept
When affected individuals 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 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 recipient 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 legal representative to negotiate a higher amount. The higher 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 convenience of life if the victim suffered permanent 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. Refrain from all of the following if you’re in a commercial vehicle accident.
- Avoid acknowledging Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their mistake. 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 payment for the accident.
- Avoid Accepting a minimal 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 costs will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s challenging to recover from an accident and go up against the insurance corporation 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 provider.
- Avoid Waiting for Medical 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 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 vehicle accidents can be incredibly sophisticated and it can be difficult to obtain damages without the right assistance. Plus, there isn’t a disadvantage to working with a legal representative. 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 law firm if the case is won. The amount of money needed to cover legal fees is included with other types of compensation asked for in a settlement. So, the victim still receives the money needed to economically recover from the accident and the lawyer’s fees will be taken care of.
If you’ve been in an accident involving a commercial van, talk to a law firm to learn more about the help available for your case. You may be owed much 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 recovery. Contact us today to set up a appointment and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle crashes can lead to severe injuries and damages, so working with a law firm is recommended. Still, you may have some questions before the meeting. Read below to learn more about these instances and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Truck?
Commercial vehicles are those paid 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 hired to take someone to another area or to move merchandise from one place to another, it is considered a commercial car or truck, no matter how big or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is completely different, so it’s hard to say precisely how much a case is worth without looking at the facts. 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 lawyer can review the case and let you know how much the claim may be worth.
Will I Receive Punitive Damages for the Crash?
Beyond coverage for accident-related costs, there are other types of compensation victims can obtain, including punitive damages. These are typically granted in cases where the judge wants to stop the same thing from happening in the longer term. If someone took a shortcut, whether that’s pushing drivers to drive more per day or not having 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 liable party. It is important to get this right, as the lawsuit can get thrown out if it’s against the wrong party. Sadly, determining liability for commercial vehicle crashes can be complex. The liable party for a commercial vehicle accident can be the driver, their boss, the truck owner, the manufacturer, or someone else involved with the car or truck.
Do I Need a legal representative for a Commercial Vehicle Accident?
It is strongly recommended for victims to have a lawyer for these cases due to their complexity. On top of this, it’s better to have a lawyer tackle 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 bills from the accident.
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 payment for you, the legal fees are included in the settlement, so it won’t cost you a thing out of pocket. You can learn more about how this works at the meeting.
Do I Need to Recover 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 claim while you recover. They can obtain current as well as foreseeable medical bills to help with your healing.
How Do I Prove Who Caused the Accident?
Determining responsibility can be complex 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 examined, however, it may show the vehicle driver tried to control the vehicle 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 responsible 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 happened to cause the crash. Gather any medical bills that have already been received as well as costs or receipts from the accident. It’s also a good idea to have pay stubs on hand to show how much cash 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 evidence 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 head 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 responsibility. Each case is different and the evidence available can fluctuate. A lawyer can help gather as much evidence as possible and decide what else may be needed if it isn’t available yet.
When Can I Obtain the Settlement?
Due to the complexity of commercial vehicle collisions, 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 full amount. If the suit goes to trial, it’s going to take longer to receive 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 possible. In the majority of cases, a settlement is agreed on before the case reaches the courts. If an settlement cannot be made, a commercial car or truck 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 victim can receive.
If you’ve been in a commercial vehicle crash, take the time to talk to a lawyer about your case and learn more about whether you can obtain compensation for your injuries. Call us today to set up a appointment and get more specific facts about your situation and what you can expect moving forward.
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