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 correctly 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 limits on how much they can drive per day. If they’re forced to drive much 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 crash. They may end up hitting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t detect 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 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 incident. This includes prescription medicines 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
Affected 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 physician as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not evident immediately after the accident, but that can cause long-term pain and suffering. If the victim does not see the doctor soon after the accident, it can also become more difficult to establish the injuries were sustained in the accident. The duration of time between the accident and the medical care could be seen as proof that the injuries happened elsewhere, but the victim is trying 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 decrease their liability.
Who is Liable for the Accident?
Liability is a complex 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 maintenance or use of the vehicle. A legal representative is often needed to determine who the liable party is for any commercial van accident.
- Manufacturer – If a defect in the vehicle leads to an crash, it may be possible to hold the manufacturer liable for any injuries sustained. Defects can be in any parts of the vehicle, from the engine to the tires.
- Mechanic – The repair shop 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 appropriate running condition.
- Employer – An employer who forces the driver to fulfill unobtainable standards or to drive more than what’s allowed before a break may be accountable 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 maintained, the owner may be the at fault party.
- Other Drivers – If the accident is caused by another driver, they would be liable for the accident, even if it includes a commercial truck. If another driver 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 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 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 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 approved, the victim cannot get more money from the liable party later.
Instead of accepting the first settlement, victims can work with a lawyer to negotiate a higher 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 increased settlement offer will include non-quantifiable damages, such as loss of satisfaction of life if the victim suffered long lasting injuries.
Avoid Often Seen 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 van accident.
- Avoid taking Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their responsibility. 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 Low Settlement – Make sure any settlement offer accepted is going to be enough to cover the economic 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 tough to recover from an incident and go up against the insurance corporation at the same time. This often leads to mistakes 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 very good idea. Commercial van accidents can be incredibly sophisticated and it can be difficult to obtain settlement without the right support. Plus, there isn’t a disadvantage to working with a lawyer. Commercial vehicle accident attorneys work on a contingency basis. This means victims don’t need to pay upfront for legal expertise 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 financially recover from the accident and the lawyer’s fees will be covered.
If you’ve been in an collision involving a commercial van, talk to a legal representative 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 that you get as much money as possible for the incident. They can also help deal with the legal aspects of obtaining compensation while you focus on recuperation. Contact us today to set up a consultation and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle accidents can lead to severe injuries and damages, so working with a legal representative is encouraged. Still, you may have some questions before the appointment. Read below to learn more about these situations 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 employed to move people or products 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 place or to move merchandise from one place to another, it is considered a commercial automobile, no matter how big or small it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is completely different, so it’s hard to say 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 law firm can review the case and let you know how much the claim may be worth.
Will I Receive Punitive Damages for the Accident?
Beyond coverage for accident-related bills, there are other types of compensation victims can obtain, including punitive damages. These are typically granted in cases where the judge wants to deter the same thing from happening in the longer term. If someone took a shortcut, whether that’s pressuring drivers to drive a lot more per day or missing required maintenance on a truck, the victim may be awarded punitive damages as a punishment 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 claim 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 employer, 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 absolutely recommended for victims to have a lawyer for these cases due to their intricacy. 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 costs from the collision.
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 taken care of in the settlement, so it won’t cost you a thing out of pocket. You can learn more about how this works at the consultation.
Do I Need to Recuperate Before Seeking Compensation?
No, it is not necessary to fully recover from your injuries before filing a claim. There is a statute of limitations of two years for filing a claim, and you may still be recovering from major injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain current as well as potential medical bills to help with your recovery.
How Do I Show Who Caused the Accident?
Determining liability can be complicated and involves taking a close look into how the collision occurred. At first glance, it may seem like the driver made a mistake. When the truck is examined, however, it may show the operator tried to control the car or truck but was unable to avoid an incident due to a defect or other issue. Evidence for how the accident occurred can be used to show who is responsible for this type of accident.
What Do I Need Before Talking to a Lawyer?
Before talking to a attorney, 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 bills or receipts from the accident. It’s also a good idea to have pay statements on hand to show how much cash was lost due to recouping 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 appointment, 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 liability. Each case is different and the proof available can vary. A lawyer can help gather as much evidence as possible and figure out what else may be needed if it isn’t supplied yet.
When Can I Obtain the Settlement?
Due to the complexity of commercial vehicle crashes, 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 full amount. If the claim 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?
Many 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 lions share of cases, a settlement is agreed on before the claim reaches the courts. If an settlement 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 establish how much compensation the recipient 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 payment for your injuries. Call us today to set up a consultation and get more specific information about your situation and what you can anticipate moving forward.
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