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.
- Mediocre Maintenance – If the truck isn’t properly maintained, something can go wrong while it’s on the road. A wreck 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 breakdown 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 could 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 incident. 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 – Rushing to get to the next location can lead to severe 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 – 18 wheel truck drivers who are under the influence of drugs or alcohol can end up causing an accident. This includes prescription medications that can cause sleepiness.
- 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 straight away. If emergency medical care is not necessary, the victim should still see a medical 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 accident, but that can cause potential 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 attempting 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 lessen 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 responsible 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 car or truck accident.
- Manufacturer – If a defect in the vehicle leads to an crash, it may be possible to hold the manufacturer accountable for any injuries experienced. Defects can be in any component of the vehicle, from the engine to the tires.
- Mechanic – The auto 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 proper running condition.
- Employer – An employer who pushes the driver to satisfy unobtainable standards or to drive more than what’s authorized before a break may be accountable 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 maintained, the owner may be the liable party.
- Other Drivers – If the accident is caused by another driver, they would be at fault for the accident, even if it includes a commercial vehicle. If another individual 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 responsible 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 assistance from a lawyer. Insurance companies want to reduce 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.
Preferably instead of accepting the first settlement, victims can work with a legal representative to negotiate a more substantial amount. The higher amount of money 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 satisfaction of life if the victim suffered long lasting injuries.
Avoid Typical 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 Accepting Fault – Many people will immediately 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 payment for the accident.
- Avoid Accepting a Low 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 expenditures will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s tough to recover from an crash 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 company.
- Avoid Waiting for health 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 legal representative, 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 drawback to working with a legal representative. Commercial vehicle accident attorneys work on a contingency basis. This means victims don’t need to pay upfront for legal services and only pay the attorney if the case is won. The sum of money needed to cover legal fees is included with other types of compensation demanded in a settlement. So, the victim still receives the money needed to economically recover from the accident and the lawyer’s fees will be covered.
If you’ve been in an accident involving a commercial car or truck, talk to a lawyer to learn more about the help available for your case. You may be owed more compensation than you realize and a lawyer can help make sure 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 appointment and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle crashes can lead to serious 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 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 paid to take someone to another location or to move goods from one place to another, it is considered a commercial van, no matter how big or small it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is totally different, so it’s hard to say how much a case is worth without looking at the information. 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 Crash?
Beyond coverage for accident-related expenses, there are other types of compensation victims can obtain, including punitive damages. These are typically given 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 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 accountable party. It is important to get this right, as the lawsuit can get thrown out if it’s against the incorrect party. Regrettably, determining liability for commercial vehicle accidents can be difficult. The liable party for a commercial van accident can be the driver, their company, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a law firm for a Commercial Vehicle Accident?
It is strongly recommended for sufferers to have a lawyer for these cases due to their intricacy. On top of this, it’s better to have a lawyer manage 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 incident.
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 covered 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 Recuperate Before Seeking Compensation?
No, it is not essential 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 significant 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 responsibility can be challenging and involves taking a close look into how the incident occurred. At first look, it may seem like the driver made a error. When the truck is inspected, however, it may show the driver tried to control the truck but was unable to avoid an incident due to a defect or other issue. Evidence for how the collision occurred can be used to show who is accountable for this type of accident.
What Do I Need Before Talking to a Lawyer?
Before talking to a legal representative, write down as much as possible about what took place to cause the crash. 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 stubs on hand to show how much revenue was lost due to recouping from the accident or what may be lost if you cannot return 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 consultation, but this information, if it’s available, will give them a good starting point on the case.
What Evidence is Needed for My Claim?
This depends 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 identify what else may be needed if it isn’t available yet.
When Can I Obtain the Settlement?
Due to the intricacy of commercial vehicle accidents, it can take a while to agree on a settlement with the liable 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 intensive and expensive to go to trial, so it is something that should be avoided if you can. 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 truck accident case can go to court. Even then, it’s still possible to accept a settlement. 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 settlement for your injuries. Call us today to set up a appointment and get more specific knowledge about your situation and what you can expect moving forward.
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