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 correctly 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 securely 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 restrictions 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 could fall asleep at the wheel or make mistakes because they’re exhausted.
- Negligence – Failing to pay attention to the road and their environment could lead a truck driver to cause an accident. 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 judgments 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 collision. This includes prescribed drugs that can cause drowsiness.
- 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
Afflicted individuals of a truck accident will want to seek medical attention straight away. If emergency medical care is not needed, the victim should still see a physician as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not evident immediately after the collision, 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 confirm the injuries were sustained in the accident. The amount of time between the accident and the medical care could be seen as proof 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 bills 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 van accidents. The driver is not always going to be the liable party. Instead, it could also be anybody involved in the maintenance or use of the vehicle. A lawyer is often needed to identify who the liable party is for any commercial vehicle accident.
- Manufacturer – If a imperfection in the vehicle leads to an crash, 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 repair shop who worked on the vehicle could be held liable if they did not do a repair effectively or missed repairs that were needed to keep the vehicle in appropriate running condition.
- Employer – An employer who forces 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 accountable party.
- Other Drivers – If the crash is caused by another driver, they would be liable for the accident, even if it includes a commercial truck. If another driver 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 accountable 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 approve 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 maximum amount for every claim. So, the first 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 law firm to negotiate a more substantial amount. The higher dollar amount will be more likely to include all accident-related expenses, 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 lasting injuries.
Avoid Common 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 vehicle accident.
- Avoid Accepting Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their fault. 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 settlement for the accident.
- Avoid Accepting a reduced 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 costs will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s challenging to recover from an collision 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 company.
- 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 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 good idea. Commercial truck accidents can be incredibly elaborate and it can be difficult to obtain compensation without the right help. Plus, there isn’t a disadvantage 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 service providers and only pay the lawyer 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 fiscally recover from the accident and the lawyer’s fees will be included.
If you’ve been in an collision involving a commercial vehicle, talk to a law firm to learn more about the help available for your claim. 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 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 Automobile Accidents
Commercial vehicle collisions can lead to serious injuries and damages, so working with a legal representative is recommended. Still, you may have some questions before the meeting. Read below to learn more about these instances 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 car or truck, no matter how big 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 precisely how much a case is worth without looking at the information. 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 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 receive, including punitive damages. These are typically given in cases where the judge wants to deter 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 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 accountable party. It is important to get this right, as the suit can get thrown out if it’s against the wrong party. Sadly, determining liability for commercial vehicle accidents can be difficult. The liable party for a commercial truck accident can be the vehicle driver, their boss, the truck owner, the manufacturer, or someone else involved with the truck.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is strongly recommended for affected individuals to have a lawyer for these instances 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 recouping from your injuries. They’ll help with each part of the suit to enable you to get a larger settlement that will cover any costs from the accident.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless they win the case. If they do obtain a settlement for you, the legal fees are covered in the settlement, so it won’t cost you a thing 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 necessary 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 case while you recover. They can obtain up-to-date as well as future medical bills to help with your recovery.
How Do I Establish Who Caused the Accident?
Determining responsibility can be complex and involves taking a close look into how the crash occurred. At first view, 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 collision 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 attorney, write down as much as possible about what took place to cause the incident. Gather any medical bills that have already been received as well as expenses or receipts from the accident. It’s also a good idea to have pay statements on hand to show how much money was lost due to recovering 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 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 challenging it may be to prove accountability. Each case is different and the proof available can differ. A lawyer can help gather as much evidence as possible and decide what else may be needed if it isn’t supplied 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 accountable party. Then, the liable party does have some time to pay out the complete 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?
Many cases do not ever make it to trial. It is time-consuming 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 claim 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 settle. If the trial continues, the judge will determine how much compensation the sufferer 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 reimbursement for your injuries. Call us today to set up a consultation and get more specific knowledge about your situation and what you can expect moving forward.
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