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 wreck can result from any breakdowns experienced while the van 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 may 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 impacting 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 severe crashes because the driver is not paying attention like they should and making judgments 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 prescribed drugs that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a maintenance issue, environmental issues, 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 necessary, the victim should still see a medical doctor as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not obvious immediately after the crash, 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 confirm the injuries were suffered in the accident. The length 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 minimize their liability.
Who is Liable for the Accident?
Liability is a complicated topic for commercial van accidents. The driver is not always going to be the responsible party. Instead, it could also be anybody involved in the maintenance 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 collision, it may be possible to hold the manufacturer liable for any injuries suffered. Defects can be in any part 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 properly or missed repairs that were needed to keep the vehicle in proper 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 accountable for any injuries if a wreck 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 serviced, the owner may be the at fault 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 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 liable in that situation.
The Right Settlement to Accept
When affected individuals can obtain compensation for this type of accident, they’ll need to know what settlement to approve. It is never a good idea to agree to 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 maximum amount for every claim. So, the starting settlement offer will be lower than what the sufferer may be entitled to for their injuries. If this settlement is taken, the victim cannot get more money from the accountable party later.
Instead of accepting the first settlement, victims can work with a law firm to negotiate a larger amount. The higher sum of money 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 higher settlement offer will include non-quantifiable damages, such as loss of convenience of life if the victim suffered long-term injuries.
Avoid Often Seen Errors After a Commercial Vehicle Accident
After a truck 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 acknowledging Fault – Many people will immediately apologize after an accident, even if the accident wasn’t their responsibility. 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 settlement for the accident.
- Avoid Accepting a minimal Settlement – Make sure any settlement offer taken 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 collision and go up against the insurance provider at the same time. This often leads to mistakes like accepting a low settlement. Instead, work with a law professional and let them handle the insurance firm.
- 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 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 beneficial idea. Commercial truck accidents can be incredibly sophisticated and it can be difficult to obtain damages without the right help. Plus, there isn’t a downside 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 expertise and only pay the law firm if the case is won. The sum of money needed to cover legal costs is included with other types of compensation requested in a settlement. So, the victim still receives the money needed to economically recover from the accident and the lawyer’s fees will be included.
If you’ve been in an accident involving a commercial van, talk to a law firm 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 collision. They can also help deal with the legalities of obtaining compensation while you focus on recovery. Contact us today to set up a appointment and learn more about your case.
FAQs About Commercial Truck Accidents
Commercial vehicle collisions can lead to serious injuries and damages, so working with a law firm is suggested. Still, you may have some questions before the meeting. Read below to learn more about these circumstances and to learn more about what to look forward to when you have a consultation.
What is Considered a Commercial Truck?
Commercial vehicles are those paid 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 employed to take someone to another location or to move merchandise 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 different, so it’s hard to say 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 legal representative can review the case and let you know how much the case 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 granted in cases where the judge wants to prevent the same thing from happening in the future. If someone took a shortcut, whether that’s requiring drivers to drive more per day or skipping required maintenance on a van, 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 case can get thrown out if it’s against the wrong party. Regrettably, determining liability for commercial vehicle incidents can be complex. The liable party for a commercial van accident can be the operater, their boss, 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 highly recommended for victims to have a lawyer for these situations due to their complexity. On top of this, it’s better to have a lawyer handle 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 claim. If they do obtain a settlement for you, the legal fees are included in the settlement, so it won’t cost you anything 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 essential 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 serious injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain up-to-date as well as potential medical bills to help with your recuperation.
How Do I Show Who Caused the Accident?
Determining liability can be challenging and involves taking a close look into how the accident occurred. At first view, it may seem like the driver made a miscalculation. When the truck is inspected, 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 collision 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 collision. 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 recuperating from the accident or what may be lost if you cannot return 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 start on the case.
What Evidence is Needed for My Case?
This is dependent on how contested the case is and how tough it may be to prove liability. Each case is different and the facts available can fluctuate. A lawyer can help gather as much evidence as possible and decide what else may be needed if it isn’t readily available yet.
When Can I Obtain the Settlement?
Due to the difficulty of commercial vehicle collisions, it can take a while to agree on a settlement with the accountable 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 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-consuming and expensive to go to trial, so it is something that should be avoided if you possibly can. In the vast majority of cases, a settlement is agreed on before the suit 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 accept a settlement. If the trial continues, the judge will determine how much compensation the recipient can receive.
If you’ve been in a commercial vehicle collision, take the time to talk to a law firm about your case and learn more about whether you can obtain settlement for your injuries. Call us today to set up a meeting and get more specific details about your situation and what you can anticipate moving forward.
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