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 properly maintained, something can go wrong while it’s on the road. A collision can result from any breakdowns experienced while the van 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 longer or attempt to drive more than what’s allowed to stay on schedule, they may 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 impacting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t identify them in time.
- Rushing – Hurrying to get to the next location can lead to severe 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 incident. This includes prescription drugs that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a maintenance issue, environmental issues, 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 necessary, the victim should still see a medical practitioner as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not noticeable immediately after the accident, but that can cause future pain and suffering. If the victim does not see the doctor soon after the accident, it can also become more difficult to establish 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 wanting 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 van accidents. The driver is not always going to be the responsible party. Instead, it could also be anyone involved in the care or use of the vehicle. A lawyer is often needed to determine 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 accountable for any injuries suffered. Defects can be in any part 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 properly 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 permitted before a break may be liable for any injuries if a wreck 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 liable party.
- Other Drivers – If the collision is caused by another driver, they would be responsible for the accident, even if it includes a commercial truck. If another individual swerves in front of a truck and the truck simply cannot stop in time, it could end up in a multi-car accident. The driver who swerved would be liable in that situation.
The Right Settlement to Accept
When affected individuals 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 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 highest amount for every claim. So, the first settlement offer will be lower than what the recipient may be entitled to for their injuries. If this settlement is accepted, the victim cannot get more money from the responsible party later.
Preferably instead of accepting the first settlement, victims can work with a lawyer to negotiate a more substantial amount. The higher sum of money will be more likely to include all accident-related costs, 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 Common 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 Accepting Fault – Many people will immediately apologize after an accident, even if the accident wasn’t their fault. 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 minimal 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 costs will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s tough to recover from an accident and go up against the insurance provider at the same time. This often leads to errors like accepting a low settlement. Instead, work with a law professional and let them handle the insurance provider.
- Avoid Waiting for Medical 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 lawyer, but it’s always a very good idea. Commercial van accidents can be incredibly elaborate and it can be difficult to obtain settlement without the right support. Plus, there isn’t a downside to working with a lawyer. 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 amount of money needed to cover legal costs is included with other types of compensation asked for 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 accident 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 collision. They can also help deal with the legal aspects of obtaining compensation while you focus on recovery. 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 severe injuries and damages, so working with a legal representative is encouraged. Still, you may have some questions before the meeting. Read below to learn more about these instances and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Truck?
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 hired to take someone to another area or to move merchandise 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 completely different, so it’s hard to say precisely 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 lawyer can review the case and let you know how much the claim may be worth.
Will I Receive Punitive Damages for the Accident?
Beyond coverage for accident-related expenses, there are other types of compensation victims can receive, including punitive damages. These are typically given in cases where the judge wants to prevent the same thing from happening in the longer term. If someone took a shortcut, whether that’s forcing drivers to drive a lot more per day or not having 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 liable party. It is important to get this right, as the claim 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 company, the truck owner, the manufacturer, or someone else involved with the car or truck.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is highly 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 manage all of the legalities so you can focus on recouping from your injuries. They’ll help with each part of the claim to enable you to get a higher settlement that will cover any expenses from the accident.
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 settlement for you, the legal fees are included in the settlement, so it won’t cost you anything out of pocket. You can learn more about how this works at the meeting.
Do I Need to Recoup Before Seeking Compensation?
No, it is not required to fully recover from your traumas before filing a claim. There is a statute of limitations of two years for filing a suit, 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 foreseeable medical bills to help with your healing.
How Do I Prove 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 mistake. When the truck is examined, however, it may show the vehicle driver tried to control the car or truck but was unable to avoid an incident 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 Law Firm?
Before talking to a lawyer, write down as much as possible about what took place to cause the collision. 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 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 proof 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 accountability. Each case is different and the facts available can vary. 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 difficulty of commercial vehicle accidents, 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 full amount. If the claim goes to trial, it’s going to take longer to receive 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 suit reaches the courts. If an arrangement 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 sufferer can receive.
If you’ve been in a commercial vehicle collision, take the time to talk to a legal representative about your case and learn more about whether you can obtain compensation for your injuries. Call us today to set up a meeting and get more specific knowledge about your situation and what you can expect to see moving forward.
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