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 wreck 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 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 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 could fall asleep at the wheel or make mistakes because they’re exhausted.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an crash. They may end up impacting 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 – commercial transport truck drivers who are under the influence of drugs or alcohol can end up causing an crash. This includes prescription medicines that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a servicing issue, environmental concerns, 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 immediately. If emergency medical care is not necessary, the victim should still see a medical doctor as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not evident immediately after the incident, but that can cause future 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 experienced 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 expenses out of pocket. This isn't always the case, but it is what insurance companies will say to try to reduce their liability.
Who is Liable for the Accident?
Liability is a elaborate topic for commercial vehicle accidents. The driver is not always going to be the liable party. Instead, it could also be anyone involved in the servicing or use of the vehicle. A legal representative is often needed to determine who the liable party is for any commercial vehicle accident.
- Manufacturer – If a imperfection 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 parts 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 effectively or missed repairs that were needed to keep the vehicle in proper running condition.
- Employer – An employer who pushes the driver to satisfy unobtainable standards or to drive more than what’s permitted before a break may be responsible 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 responsible party.
- Other Drivers – If the collision is caused by another driver, they would be accountable for the accident, even if it includes a commercial vehicle. If another motorist 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 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 accept 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 accepted, the victim cannot get more money from the liable party later.
Instead of accepting the first settlement, victims can work with a law firm to negotiate a higher amount. The higher amount 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 enjoyment of life if the victim suffered long lasting injuries.
Avoid Often Seen 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 vehicle accident.
- Avoid taking Fault – Many people will automatically 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 compensation for the accident.
- Avoid Accepting a Lower Settlement – Make sure any settlement offer approved is going to be enough to cover the economic aspects of the accident. Accepting a low settlement means any other bills 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 provider at the same time. This often leads to issues like accepting a low settlement. Instead, work with a legal representative 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 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 complicated and it can be difficult to obtain settlement without the right assistance. 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 law firm 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 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 car or truck, talk to a legal representative to learn more about the help available for your case. You may be owed much more compensation than you realize and a lawyer can help make sure you get as much money as possible for the incident. They can also help deal with the legalities of obtaining compensation while you focus on recovery. 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 serious injuries and damages, so working with a legal representative is advised. 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 Truck?
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 paid to take someone to another place or to move goods from one place to another, it is considered a commercial automobile, 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 specifics. Compensation can cover all expenditures 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 Collision?
Beyond coverage for accident-related expenses, there are other types of compensation victims can get, including punitive damages. These are typically awarded 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 much more per day or missing 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 liable 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 truck 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 absolutely recommended for sufferers to have a lawyer for these cases due to their complexity. On top of this, it’s better to have a lawyer manage all of the legalities so you can focus on recuperating from your injuries. They’ll help with each part of the suit to enable you to get a higher settlement that will cover any costs from the crash.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless of course they win the case. If they do obtain a payment for you, the legal fees are included 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 necessary to fully recover from your traumas before filing a claim. There is a statute of limitations of two years for filing a claim, and you may still be recovering from major injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain existing as well as foreseeable medical bills to help with your healing.
How Do I Establish Who Caused the Accident?
Determining liability can be complicated and involves taking a close look into how the crash occurred. At first look, it may seem like the driver made a mistake. When the truck is scrutinized, however, it may show the driver tried to control the vehicle 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 accountable for this type of accident.
What Do I Need Before Talking to a Lawyer?
Before talking to a lawyer, write down as much as possible about what happened to cause the collision. 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 stubs on hand to show how much cash was lost due to recuperating 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 meeting, but this information, if it’s available, will give them a good head start on the case.
What Evidence is Needed for My Claim?
This will depend on how contested the case is and how difficult it may be to prove responsibility. Each case is different and the evidence available can vary. 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 complexity 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 whole amount. If the claim goes to trial, it’s going to take longer to get 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 suit reaches the courts. If an agreement cannot be made, a commercial car or truck accident case can go to court. Even then, it’s still possible to accept a settlement. 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 legal representative about your case and learn more about whether you can obtain reimbursement for your injuries. Call us today to set up a meeting and get more specific facts about your situation and what you can expect to see moving forward.
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