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 collision can result from any breakdowns experienced while the vehicle is being driven.
- Overloaded Cargo – Cargo 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 limits 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 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 crash. 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 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 – Truck drivers who are under the influence of drugs or alcohol can end up causing an incident. This includes prescribed drugs that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a upkeep 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 immediately. If emergency medical care is not needed, the victim should still see a doctor as soon as possible, preferably within the next handful of days. The victim could have hidden injuries that are not noticeable immediately after the accident, but that can cause potential 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 amount of time between the accident and the medical care could be seen as evidence 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 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 complex topic for commercial car or truck 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 legal representative is often needed to decide who the liable party is for any commercial car or truck accident.
- Manufacturer – If a defect 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 component of the vehicle, from the engine to the tires.
- Mechanic – The auto 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 ideal running condition.
- Employer – An employer who forces the driver to fulfill unobtainable standards or to drive more than what’s authorized before a break may be accountable for any injuries if a crash 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 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 car or truck. If another motorist 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 liable 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 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 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 sum 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 higher settlement offer will include non-quantifiable damages, such as loss of convenience of life if the victim suffered permanent 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. Refrain from 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 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 monetary 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 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 professional and let them handle the insurance provider.
- Avoid Waiting for clinical 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 complicated and it can be difficult to obtain damages without the right support. Plus, there isn’t a drawback 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 law firm if the case is won. The total amount of money needed to cover legal costs 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 taken care of.
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 claim. You may be owed much 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 legal aspects of obtaining compensation while you focus on healing. Contact us today to set up a meeting and learn more about your case.
FAQs About Commercial Automobile Accidents
Commercial vehicle collisions can lead to significant injuries and damages, so working with a lawyer 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 paid to move people or goods 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 vehicle, 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 how much a case is worth without looking at the specifics. Compensation can cover all bills 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 case 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 awarded in cases where the judge wants to prevent the same thing from happening in the forthcoming future. If someone took a shortcut, whether that’s requiring drivers to drive more per day or not having 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 accountable party. It is important to get this right, as the case can get thrown out if it’s against the incorrect party. Regrettably, determining liability for commercial vehicle crashes can be difficult. The liable party for a commercial vehicle accident can be the vehicle driver, their company, 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 situations due to their complexity. On top of this, it’s better to have a lawyer tackle all of the legalities so you can focus on recuperating from your injuries. They’ll help with each part of the case to enable you to get a higher settlement that will cover any expenditures from the crash.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay unless they win the case. 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 necessary 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 severe injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain existing as well as potential medical bills to help with your recuperation.
How Do I Show Who Caused the Accident?
Determining accountability can be complex and involves taking a close look into how the crash occurred. At first look, it may seem like the driver made a miscalculation. When the truck is examined, however, it may show the driver tried to control the truck but was unable to avoid an incident 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 Law Firm?
Before talking to a lawyer, write down as much as possible about what occurred to cause the crash. 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 money 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 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 starting point on the case.
What Evidence is Needed for My Case?
This depends on how contested the case is and how tough it may be to prove accountability. Each case is different and the proof available can fluctuate. A lawyer can help gather as much evidence as possible and figure out 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 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 suit 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?
The majority of cases do not ever make it to trial. It is lengthy 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 case reaches the courts. If an arrangement 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 decide how much compensation the recipient can receive.
If you’ve been in a commercial vehicle accident, take the time to talk to a lawyer 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 facts about your situation and what you can expect moving forward.
.svg)
