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 correctly 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 correctly 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 limitations 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 fatigued.
- Negligence – Failing to pay attention to the road and their environment 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 detect them in time.
- Rushing – Speeding to get to the next location can lead to serious 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 – 18 wheel truck drivers who are under the influence of drugs or alcohol can end up causing an accident. This includes prescription medicines 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 straight away. If emergency medical care is not required, the victim should still see a doctor as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not noticeable immediately after the collision, but that can cause potential pain and suffering. If the victim does not see the physician soon after the accident, it can also become more difficult to establish the injuries were suffered in the accident. The duration 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 lessen their liability.
Who is Liable for the Accident?
Liability is a complex topic for commercial van accidents. The driver is not always going to be the accountable party. Instead, it could also be anybody involved in the maintenance or use of the vehicle. A lawyer is often needed to determine who the liable party is for any commercial van accident.
- Manufacturer – If a defect 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 component of the vehicle, from the engine to the tires.
- Mechanic – The auto mechanic who worked on the vehicle could be held accountable if they did not do a repair properly or missed repairs that were needed to keep the vehicle in appropriate running condition.
- Employer – An employer who pushes the driver to fulfill unobtainable standards or to drive more than what’s permitted before a break may be liable 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 repaired, the owner may be the at fault party.
- Other Drivers – If the accident is caused by another driver, they would be accountable for the accident, even if it includes a commercial truck. If another motorist swerves in front of a truck and the truck 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 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 agree to the first settlement offer without advice from a lawyer. Insurance companies want to lessen 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 sufferer may be entitled to for their injuries. If this settlement is approved, the victim cannot get more money from the responsible party later.
Instead of accepting the first settlement, victims can work with a legal representative to negotiate a larger 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 improved settlement offer will include non-quantifiable damages, such as loss of enjoyment 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. Avoid all of the following if you’re in a commercial vehicle accident.
- Avoid taking Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their responsibility. 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 minimal Settlement – Make sure any settlement offer taken 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 difficult to recover from an crash and go up against the insurance corporation at the same time. This often leads to issues like accepting a low settlement. Instead, work with a law professional 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 few 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 very good idea. Commercial van accidents can be incredibly sophisticated and it can be difficult to obtain settlement without the right support. Plus, there isn’t a drawback to working with a law firm. 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 lawyer if the case is won. The sum 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 collision involving a commercial car or truck, talk to a lawyer to learn more about the help available for your case. You may be owed more compensation than you realize and a lawyer can help ensure that 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 healing. Contact us today to set up a appointment and learn more about your case.
FAQs About Commercial Truck Accidents
Commercial vehicle crashes 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 cases and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Automobile?
Commercial vehicles are those employed 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 area or to move goods from one place to another, it is considered a commercial car or truck, no matter how large or compact it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is completely different, so it’s hard to say 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 case may be worth.
Will I Receive Punitive Damages for the Collision?
Beyond coverage for accident-related bills, there are other types of compensation victims can obtain, including punitive damages. These are typically provided in cases where the judge wants to prevent the same thing from happening in the future. If someone took a shortcut, whether that’s pressuring drivers to drive a lot more per day or missing required maintenance on a van, 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 claim can get thrown out if it’s against the incorrect party. Sadly, determining liability for commercial vehicle crashes can be difficult. The liable party for a commercial vehicle accident can be the vehicle driver, 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 strongly recommended for victims to have a lawyer for these situations due to their difficulty. On top of this, it’s better to have a lawyer tackle all of the legalities so you can focus on recovering from your injuries. They’ll help with each part of the claim to enable you to get a larger settlement that will cover any bills from the crash.
How Can I Afford a Lawyer?
Commercial vehicle accident lawyers work on a contingency basis, so you don’t pay until they win the claim. If they do obtain a payment 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 Recoup 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 significant injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain up-to-date as well as foreseeable medical bills to help with your healing.
How Do I Show Who Caused the Accident?
Determining liability can be complicated and involves taking a close look into how the accident occurred. At first look, it may seem like the driver made a mistake. When the truck is scrutinized, 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 liable 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 occurred to cause the crash. 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 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 appointment, 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 vary. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t supplied yet.
When Can I Obtain the Settlement?
Due to the difficulty of commercial vehicle crashes, 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 whole amount. If the claim goes to trial, it’s going to take longer to obtain 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 intensive and expensive to go to trial, so it is something that should be avoided if possible. In the majority of cases, a settlement is agreed on before the case reaches the courts. If an deal cannot be made, a commercial truck 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 collision, 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 consultation and get more specific facts about your situation and what you can anticipate moving forward.
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