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 crash can result from any breakdowns experienced while the van is being driven.
- Overloaded Cargo – Cargo that is too heavy for the truck or that is not loaded securely 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 much longer 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 fatigued.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an incident. They may end up striking another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t see 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 judgments like going through a yellow light to make a better time.
- Driving Under the Influence – Truck drivers who are under the influence of drugs or alcohol can end up causing an collision. This includes prescribed drugs that can cause sleepiness.
- 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
Victims of a truck accident will want to seek medical attention immediately. If emergency medical care is not necessary, the victim should still see a physician as soon as possible, preferably within the next handful of days. The victim could have hidden injuries that are not noticeable 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 confirm the injuries were sustained 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 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 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 lawyer is often needed to identify who the liable party is for any commercial van accident.
- Manufacturer – If a imperfection in the vehicle leads to an collision, it may be possible to hold the manufacturer liable for any injuries sustained. Defects can be in any parts of the vehicle, from the engine to the tires.
- Mechanic – The mechanic 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 appropriate running condition.
- Employer – An employer who forces the driver to meet 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 by the truck driver. If this is the case and the truck is not properly repaired, the owner may be the at fault 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 car or truck. If another individual swerves in front of a truck and the truck is unable to stop in time, it could end up in 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 approve 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 largest amount for every claim. So, the initial 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 accountable party later.
In lieu 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 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 lasting 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. Try to avoid all of the following if you’re in a commercial van accident.
- Avoid taking Fault – Many people will immediately apologize after an accident, even if the accident wasn’t their mistake. Avoid doing this and avoid saying things 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 minimal 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 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 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 law firm and let them handle the insurance firm.
- Avoid Waiting for health 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 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 complicated and it can be difficult to obtain damages without the right help. Plus, there isn’t a disadvantage 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 service providers and only pay the lawyer if the case is won. The total amount of money needed to cover legal expenses 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 collision involving a commercial car or truck, talk to a legal representative to learn more about the help available for your claim. You may be owed 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 recuperation. Contact us today to set up a appointment and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle accidents can lead to severe injuries and damages, so working with a lawyer is encouraged. Still, you may have some questions before the consultation. Read below to learn more about these instances and to learn more about what to anticipate 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 hired to take someone to another area or to move merchandise from one place to another, it is considered a commercial vehicle, no matter how large or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is completely different, so it’s hard to say precisely 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 lawyer 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 costs, there are other types of compensation victims can receive, including punitive damages. These are typically awarded in cases where the judge wants to stop the same thing from happening in the future. If someone took a shortcut, whether that’s forcing drivers to drive much more per day or missing required maintenance on a van, the victim may be awarded punitive damages as a penalty 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. Sadly, determining liability for commercial vehicle accidents can be complex. The liable party for a commercial truck accident can be the operater, their employer, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a legal representative for a Commercial Vehicle Accident?
It is strongly recommended for affected individuals to have a lawyer for these cases due to their intricacy. 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 suit to enable you to get a higher settlement that will cover any bills from the crash.
How Can I Afford a Lawyer?
Commercial vehicle collision 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 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 severe 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 recuperation.
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 look, it may seem like the driver made a mistake. When the truck is inspected, however, it may show the vehicle 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 incident occurred can be used to show who is liable for this type of accident.
What Do I Need Before Talking to a Lawyer?
Before talking to a attorney, 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 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 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 starting point on the case.
What Evidence is Needed for My Claim?
This is dependent on how contested the case is and how challenging it may be to prove responsibility. Each case is different and the proof available can differ. A lawyer can help gather as much evidence as possible and figure out what else may be needed if it isn’t supplied yet.
When Can I Obtain the Settlement?
Due to the complexity of commercial vehicle accidents, 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 full amount. If the case goes to trial, it’s going to take longer to receive 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 possible. In the vast majority 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 establish how much compensation the recipient 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 reimbursement for your injuries. Call us today to set up a consultation and get more specific facts about your situation and what you can expect to see moving forward.
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