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 precisely maintained, something can go wrong while it’s on the road. A crash can result from any breakdowns experienced while the vehicle is being driven.
- Overloaded Cargo – freight 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 restrictions 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 could 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 accident. 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 – 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 servicing 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 right away. If emergency medical care is not necessary, 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 obvious immediately after the incident, 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 establish the injuries were experienced 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 wanting to claim it as part of compensation for the accident to avoid having to pay those costs 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 van accidents. The driver is not always going to be the accountable party. Instead, it could also be anybody involved in the maintenance or use of the vehicle. A legal representative is often needed to identify who the liable party is for any commercial vehicle accident.
- Manufacturer – If a defect in the vehicle leads to an accident, it may be possible to hold the manufacturer accountable 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 responsible if they did not do a repair effectively or missed repairs that were needed to keep the vehicle in proper running condition.
- Employer – An employer who forces the driver to satisfy unobtainable standards or to drive more than what’s authorized before a break may be responsible for any injuries if a wreck 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 car or truck. If another driver swerves in front of a truck and the truck simply 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 approve. It is never a good idea to take the first settlement offer without guidance from a lawyer. Insurance companies want to minimize 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 dollar 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 higher settlement offer will include non-quantifiable damages, such as loss of convenience of life if the victim suffered long lasting 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 acknowledging Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their fault. Avoid doing this and avoid saying anything to the insurance company involved that could be construed as an admission of fault. Doing so could mean being unable to obtain compensation for the accident.
- Avoid Accepting a Low 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 bills will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s challenging to recover from an crash and go up against the insurance company at the same time. This often leads to mistakes like accepting a low settlement. Instead, work with a legal representative and let them handle the insurance firm.
- Avoid Waiting for clinical 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 couple 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 very good idea. Commercial van accidents can be incredibly complicated and it can be difficult to obtain compensation without the right support. Plus, there isn’t a drawback to working with a legal representative. 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 attorney if the case is won. The total amount of money needed to cover legal expenses is included with other types of compensation demanded 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 incident involving a commercial vehicle, talk to a legal representative to learn more about the help available for your case. 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 incident. They can also help deal with the legalities 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 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 appointment. Read below to learn more about these situations and to learn more about what to anticipate when you have a consultation.
What is Considered a Commercial Truck?
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 location or to move products from one place to another, it is considered a commercial car or truck, 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 exactly how much a case is worth without looking at the specifics. 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 claim may be worth.
Will I Receive Punitive Damages for the Accident?
Beyond coverage for accident-related expenditures, there are other types of compensation victims can obtain, including punitive damages. These are typically given in cases where the judge wants to stop the same thing from happening in the future. If someone took a shortcut, whether that’s forcing drivers to drive a lot more per day or not having 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 responsible party. It is important to get this right, as the suit can get thrown out if it’s against the incorrect party. Sadly, determining liability for commercial vehicle incidents can be complicated. The liable party for a commercial vehicle accident can be the operater, their company, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is highly recommended for affected individuals to have a lawyer for these instances 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 recouping from your injuries. They’ll help with each part of the suit to enable you to get a larger settlement that will cover any bills from the accident.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay until they win the case. 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 Recover Before Seeking Compensation?
No, it is not necessary to fully recover from your injury before filing a claim. There is a statute of limitations of two years for filing a claim, and you may still be recovering from severe 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 recuperation.
How Do I Prove Who Caused the Accident?
Determining liability can be challenging 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 inspected, however, it may show the operator tried to control the vehicle 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 accountable 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 collision. 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 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 will depend on how contested the case is and how challenging it may be to prove liability. Each case is different and the evidence 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 liable party. Then, the liable party does have some time to pay out the whole amount. If the case 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?
Most cases do not ever make it to trial. It is time intensive 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 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 recipient 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 to see moving forward.
.svg)
