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 – 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 problem 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 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 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 see them in time.
- Rushing – Rushing to get to the next location can lead to significant 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 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 required, 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 apparent immediately after the crash, but that can cause future 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 confirmation that the injuries happened elsewhere, but the victim is attempting 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 lessen 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 liable party. Instead, it could also be individuals involved in the servicing 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 defect in the vehicle leads to an accident, it may be possible to hold the manufacturer accountable for any injuries sustained. 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 liable 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 authorized before a break may be responsible for any injuries if a crash 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 at fault party.
- Other Drivers – If the collision is caused by another driver, they would be responsible for the accident, even if it includes a commercial car or 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 sufferers 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 advice from a lawyer. Insurance companies want to reduce the amount they pay out, as they cannot be profitable if they always pay out the largest 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.
Preferably instead of accepting the first settlement, victims can work with a legal representative to negotiate a higher amount. The higher amount 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 satisfaction of life if the victim suffered long-term injuries.
Avoid Often Seen Errors After a Commercial Vehicle Accident
After a vehicle 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 vehicle accident.
- Avoid acknowledging Fault – Many people will immediately 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 payment for the accident.
- Avoid Accepting a Low Settlement – Make sure any settlement offer taken 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 difficult to recover from an crash and go up against the insurance company at the same time. This often leads to errors like accepting a low settlement. Instead, work with a lawyer and let them handle the insurance company.
- Avoid Waiting for clinical Care – As mentioned, it’s never a good idea to delay 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 legal representative, but it’s always a beneficial idea. Commercial van accidents can be incredibly complex and it can be difficult to obtain settlement without the right help. Plus, there isn’t a drawback 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 services and only pay the attorney if the case is won. The total amount of money needed to cover legal fees 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 taken care of.
If you’ve been in an crash involving a commercial car or truck, 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 accident. They can also help deal with the legal aspects 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 Truck Accidents
Commercial vehicle collisions can lead to significant injuries and damages, so working with a law firm is encouraged. Still, you may have some questions before the meeting. Read below to learn more about these cases and to learn more about what to look forward to when you have a consultation.
What is Considered a Commercial Automobile?
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 area 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 exactly how much a case is worth without looking at the facts. 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 case may be worth.
Will I Receive Punitive Damages for the Collision?
Beyond coverage for accident-related costs, there are other types of compensation victims can obtain, including punitive damages. These are typically awarded in cases where the judge wants to stop the same thing from happening in the longer term. If someone took a shortcut, whether that’s pressuring drivers to drive much more per day or skipping 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 accountable party. It is important to get this right, as the suit can get thrown out if it’s against the incorrect party. Unfortunately, determining liability for commercial vehicle crashes can be difficult. The liable party for a commercial vehicle accident can be the operater, their boss, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a law firm for a Commercial Vehicle Accident?
It is highly recommended for victims to have a lawyer for these instances 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 case to enable you to get a higher settlement that will cover any expenses from the collision.
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 settlement for you, the legal fees are covered 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 appointment.
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 claim, and you may still be recovering from significant injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain current as well as future medical bills to help with your healing.
How Do I Establish Who Caused the Accident?
Determining responsibility can be challenging and involves taking a close look into how the incident occurred. At first look, it may seem like the driver made a mistake. When the truck is examined, however, it may show the operator tried to control the truck 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 lawyer, 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 slips on hand to show how much revenue was lost due to recouping from the accident or what may be lost if you cannot return 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 meeting, but this information, if it’s available, will give them a good head start on the case.
What Evidence is Needed for My Case?
This depends on how contested the case is and how challenging it may be to prove accountability. Each case is different and the proof available can vary. 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 complexity of commercial vehicle collisions, it can take a while to come to an agreement on a settlement with the responsible 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 get a settlement. A lawyer 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 intensive and expensive to go to trial, so it is something that should be avoided if you can. In the majority of cases, a settlement is agreed on before the claim reaches the courts. If an agreement cannot be made, a commercial vehicle 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 sufferer 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 settlement for your injuries. Call us today to set up a appointment and get more specific information about your situation and what you can expect to see moving forward.
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