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 wreck can result from any breakdowns experienced while the truck is being driven.
- Overloaded Cargo – freight 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 failure 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 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 fatigued.
- 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 detect them in time.
- Rushing – Hurrying to get to the next location can lead to serious 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 collision. This includes prescribed drugs that can cause drowsiness.
- 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
Victims 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 apparent immediately after the crash, but that can cause potential pain and suffering. If the victim does not see the medical doctor soon after the accident, it can also become more difficult to prove the injuries were experienced in the accident. The duration of time between the accident and the medical care could be seen as confirmation 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 complex topic for commercial van accidents. The driver is not always going to be the liable party. Instead, it could also be anyone involved in the care or use of the vehicle. A lawyer is often needed to identify who the liable party is for any commercial car or truck accident.
- Manufacturer – If a imperfection in the vehicle leads to an crash, it may be possible to hold the manufacturer accountable for any injuries suffered. 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 appropriate running condition.
- Employer – An employer who pushes the driver to meet unobtainable standards or to drive more than what’s authorized before a break may be liable for any injuries if a crash occurs.
- Truck Owner – The vehicle may not be owned by the truck driver. If this is the case and the truck is not properly repaired, the owner may be the liable party.
- Other Drivers – If the crash is caused by another driver, they would be at fault for the accident, even if it includes a commercial truck. If another driver swerves in front of a truck and the truck is unable to stop in time, it could cause a multi-car accident. The driver who swerved would be accountable 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 accept 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 larger amount. The higher dollar 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 higher settlement offer will include non-quantifiable damages, such as loss of convenience of life if the victim suffered long lasting injuries.
Avoid Often Seen 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 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 reduced 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 bills will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s difficult to recover from an crash and go up against the insurance company 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 provider.
- 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 of 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 good idea. Commercial van 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 total amount 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 financially recover from the accident and the lawyer’s fees will be covered.
If you’ve been in an accident involving a commercial vehicle, talk to a lawyer 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 you get as much money as possible for the crash. They can also help deal with the legalities 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 accidents can lead to severe injuries and damages, so working with a law firm is encouraged. Still, you may have some questions before the meeting. Read below to learn more about these circumstances and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Automobile?
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 hired to take someone to another location 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 different, so it’s hard to say 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 case may be worth.
Will I Receive Punitive Damages for the Collision?
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 deter the same thing from happening in the future. If someone took a shortcut, whether that’s pressuring drivers to drive a lot more per day or skipping required maintenance on a truck, 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 responsible party. It is important to get this right, as the claim can get thrown out if it’s against the incorrect party. Unfortunately, determining liability for commercial vehicle crashes can be complex. The liable party for a commercial vehicle accident can be the operater, their boss, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is absolutely recommended for affected individuals to have a lawyer for these cases due to their complexity. On top of this, it’s better to have a lawyer manage all of the legalities so you can focus on recovering 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 crash.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless of course 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 consultation.
Do I Need to Recuperate Before Seeking Compensation?
No, it is not required to fully recover from your injury before filing a claim. There is a statute of limitations of two years for filing a suit, and you may still be recovering from major injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain up-to-date as well as future medical bills to help with your recovery.
How Do I Prove Who Caused the Accident?
Determining accountability can be complex and involves taking a close look into how the collision occurred. At first glance, it may seem like the driver made a error. When the truck is examined, however, it may show the driver tried to control the car or truck 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 accountable for this type of accident.
What Do I Need Before Talking to a Legal Representative?
Before talking to a legal representative, write down as much as possible about what happened to cause the accident. 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 slips on hand to show how much revenue 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 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 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 evidence available can differ. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t available 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 complete amount. If the case goes to trial, it’s going to take longer to get a settlement. A law firm 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 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 agreement 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 determine how much compensation the victim can receive.
If you’ve been in a commercial vehicle collision, take the time to talk to a lawyer about your case and learn more about whether you can obtain reimbursement for your injuries. Call us today to set up a meeting and get more specific knowledge about your situation and what you can anticipate moving forward.
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