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 properly 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 – product 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 breakdown 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 further or attempt to drive more than what’s allowed to stay on schedule, they might fall asleep at the wheel or make mistakes because they’re tired.
- Negligence – Failing to pay attention to the road and their surroundings 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 – Speeding 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 – commercial transport truck drivers who are under the influence of drugs or alcohol can end up causing an accident. This includes prescribed drugs that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a maintenance issue, environmental concerns, 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 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 few days. The victim could have hidden injuries that are not apparent immediately after the accident, 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 decrease their liability.
Who is Liable for the Accident?
Liability is a elaborate topic for commercial car or truck accidents. The driver is not always going to be the accountable party. Instead, it could also be individuals 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 van 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 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 correctly 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 allowed before a break may be accountable for any injuries if a collision 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 accountable for the accident, even if it includes a commercial car or truck. If another individual swerves in front of a truck and the truck is unable to 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 agree to. It is never a good idea to take the first settlement offer without assistance from a lawyer. Insurance companies want to lessen 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 accountable party later.
Preferably instead of accepting the first settlement, victims can work with a lawyer 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 increased settlement offer will include non-quantifiable damages, such as loss of enjoyment 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 mistake. 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 reduced Settlement – Make sure any settlement offer approved is going to be enough to cover the monetary aspects of the accident. Accepting a low settlement means any other expenses will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s overwhelming to recover from an incident 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 lawyer and let them handle the insurance firm.
- Avoid Waiting for Medical Care – As mentioned, it’s never a good idea to postpone 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 very good idea. Commercial vehicle accidents can be incredibly complex and it can be difficult to obtain damages without the right support. Plus, there isn’t a downside 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 expertise and only pay the law firm 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 fiscally recover from the accident and the lawyer’s fees will be included.
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 that you get as much money as possible for the accident. They can also help deal with the legal aspects of obtaining compensation while you focus on healing. Contact us today to set up a consultation and learn more about your case.
FAQs About Commercial Automobile Accidents
Commercial vehicle collisions can lead to severe injuries and damages, so working with a legal representative is recommended. Still, you may have some questions before the appointment. Read below to learn more about these situations and to learn more about what to expect 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 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 large 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 precisely how much a case is worth without looking at the specifics. 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 claim may be worth.
Will I Receive Punitive Damages for the Collision?
Beyond coverage for accident-related expenses, there are other types of compensation victims can receive, including punitive damages. These are typically granted in cases where the judge wants to prevent the same thing from happening in the longer term. If someone took a shortcut, whether that’s forcing drivers to drive a lot more per day or missing 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 responsible party. It is important to get this right, as the suit can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle collisions can be complex. The liable party for a commercial truck accident can be the driver, 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 absolutely recommended for victims to have a lawyer for these instances 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 recouping from your injuries. They’ll help with each part of the claim to enable you to get a larger settlement that will cover any expenditures from the accident.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay unless they win the suit. If they do obtain a payment for you, the legal fees are covered 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 severe injuries at this point. Instead, let a lawyer handle the case while you recover. They can obtain current as well as future medical bills to help with your recovery.
How Do I Establish Who Caused the Accident?
Determining accountability can be challenging and involves taking a close look into how the collision 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 vehicle 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 responsible for this type of accident.
What Do I Need Before Talking to a Law Firm?
Before talking to a legal representative, write down as much as possible about what happened 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 recouping from the accident or what may be lost if you cannot get 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 start on the case.
What Evidence is Needed for My Claim?
This depends on how contested the case is and how difficult it may be to prove responsibility. Each case is different and the facts available can differ. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t readily available yet.
When Can I Obtain the Settlement?
Due to the intricacy of commercial vehicle collisions, 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 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?
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 case reaches the courts. If an arrangement 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 decide how much compensation the victim can receive.
If you’ve been in a commercial vehicle accident, take the time to talk to a legal representative about your case and learn more about whether you can obtain payment for your injuries. Call us today to set up a meeting and get more specific information about your situation and what you can anticipate moving forward.
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