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.
- Low-quality Maintenance – If the truck isn’t precisely maintained, something can go wrong while it’s on the road. A collision 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 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 longer 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 identify them in time.
- Rushing – Hurrying 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 – commercial transport truck drivers who are under the influence of drugs or alcohol can end up causing an accident. This includes prescription drugs 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 as soon as possible. If emergency medical care is not needed, the victim should still see a medical practitioner as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not evident immediately after the crash, but that can cause long-term 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 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 minimize their liability.
Who is Liable for the Accident?
Liability is a elaborate 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 maintenance or use of the vehicle. A legal representative is often needed to decide who the liable party is for any commercial vehicle accident.
- Manufacturer – If a imperfection in the vehicle leads to an crash, it may be possible to hold the manufacturer responsible 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 effectively or missed repairs that were needed to keep the vehicle in appropriate 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 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 liable 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 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 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 agree to. It is never a good idea to take the first settlement offer without guidance from a lawyer. Insurance companies want to reduce the amount they pay out, as they cannot be profitable if they always pay out the highest 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 taken, 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 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 satisfaction of life if the victim suffered permanent injuries.
Avoid Common Errors After a Commercial Vehicle Accident
After a truck accident, it is important to know what to do and what not to do. Avoid all of the following if you’re in a commercial car or truck accident.
- Avoid taking Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their fault. 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 Lower Settlement – Make sure any settlement offer accepted 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 accident 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 law firm 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 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 vehicle accidents can be incredibly elaborate and it can be difficult to obtain settlement without the right assistance. Plus, there isn’t a drawback to working with a law firm. 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 lawyer if the case is won. The amount of money needed to cover legal expenses 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 included.
If you’ve been in an collision involving a commercial van, talk to a law firm to learn more about the help available for your claim. You may be owed a lot more compensation than you realize and a lawyer can help ensure that you get as much money as possible for the collision. 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 Automobile Accidents
Commercial vehicle accidents can lead to severe injuries and damages, so working with a lawyer is recommended. Still, you may have some questions before the appointment. Read below to learn more about these circumstances 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 area or to move goods from one place to another, it is considered a commercial automobile, no matter how large or compact 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 information. Compensation can cover all costs 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 get, 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 skipping 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 responsible party. It is important to get this right, as the lawsuit can get thrown out if it’s against the incorrect party. Unfortunately, determining liability for commercial vehicle accidents 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 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 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 expenses from the incident.
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 claim. If they do obtain a settlement for you, the legal fees are included in the settlement, so it won’t cost you anything at all 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 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 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 recovery.
How Do I Show Who Caused the Accident?
Determining responsibility can be complicated and involves taking a close look into how the collision occurred. At first look, it may seem like the driver made a error. When the truck is examined, however, it may show the operator tried to control the 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 legal representative, 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 stubs on hand to show how much money was lost due to recovering 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 start 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 facts available can differ. 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 difficulty of commercial vehicle crashes, it can take a while to come to an agreement on a settlement with the accountable 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 intensive and expensive to go to trial, so it is something that should be avoided if you possibly can. In the lions share of cases, a settlement is agreed on before the suit reaches the courts. If an deal cannot be made, a commercial 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 sufferer 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 compensation for your injuries. Call us today to set up a consultation and get more specific details about your situation and what you can anticipate moving forward.
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