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 precisely maintained, something can go wrong while it’s on the road. A crash can result from any breakdowns experienced while the vehicle 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 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 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 see 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 – Truck drivers who are under the influence of drugs or alcohol can end up causing an crash. This includes prescribed drugs that can cause sleepiness.
- Loss of Control – If the truck driver loses control due to a servicing issue, environmental problems, or any other reason, it could lead to an accident.
What to Do After an Accident
Affected individuals of a truck accident will want to seek medical attention as soon as possible. If emergency medical care is not necessary, the victim should still see a physician as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not noticeable immediately after the incident, but that can cause potential 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 suffered in the accident. The duration of time between the accident and the medical care could be seen as proof 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 bills 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 car or truck accidents. The driver is not always going to be the accountable party. Instead, it could also be individuals involved in the maintenance or use of the vehicle. A lawyer is often needed to determine who the liable party is for any commercial vehicle accident.
- Manufacturer – If a deficiency in the vehicle leads to an crash, it may be possible to hold the manufacturer accountable for any injuries suffered. 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 responsible if they did not do a repair correctly or missed repairs that were needed to keep the vehicle in proper running condition.
- Employer – An employer who forces the driver to fulfill 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 owned by the truck driver. If this is the case and the truck is not properly serviced, the owner may be the at fault party.
- Other Drivers – If the incident is caused by another driver, they would be accountable for the accident, even if it includes a commercial vehicle. If another driver swerves in front of a truck and the truck is unable to stop in time, it could end up in 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 agree to. It is never a good idea to approve 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 first 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 responsible party later.
In lieu of accepting the first settlement, victims can work with a legal representative to negotiate a more substantial 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 convenience of life if the victim suffered long-term injuries.
Avoid Typical Errors After a Commercial Vehicle Accident
After a vehicle accident, it is important to know what to do and what not to do. Refrain from all of the following if you’re in a commercial car or truck accident.
- Avoid taking 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 Lower Settlement – Make sure any settlement offer accepted is going to be enough to cover the financial 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 overwhelming to recover from an crash and go up against the insurance corporation 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 firm.
- Avoid Waiting for health Care – As mentioned, it’s never a good idea to put off 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 law firm, but it’s always a good idea. Commercial van accidents can be incredibly sophisticated and it can be difficult to obtain settlement without the right help. Plus, there isn’t a disadvantage to working with a lawyer. Commercial vehicle accident legal professionals work on a contingency basis. This means victims don’t need to pay upfront for legal expertise and only pay the attorney if the case is won. The amount of money needed to cover legal costs is included with other types of compensation demanded in a settlement. So, the victim still receives the money needed to economically recover from the accident and the lawyer’s fees will be included.
If you’ve been in an incident involving a commercial vehicle, talk to a law firm to learn more about the help available for your claim. 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 crash. They can also help deal with the legalities of obtaining compensation while you focus on recuperation. Contact us today to set up a meeting and learn more about your case.
FAQs About Commercial Vehicle Accidents
Commercial vehicle crashes can lead to serious injuries and damages, so working with a lawyer is suggested. Still, you may have some questions before the consultation. Read below to learn more about these situations 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 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 place or to move merchandise from one place to another, it is considered a commercial vehicle, no matter how big 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 exactly how much a case is worth without looking at the details. 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 law firm can review the case and let you know how much the case may be worth.
Will I Receive Punitive Damages for the Crash?
Beyond coverage for accident-related expenses, there are other types of compensation victims can obtain, including punitive damages. These are typically provided in cases where the judge wants to stop the same thing from happening in the forthcoming future. If someone took a shortcut, whether that’s forcing drivers to drive a lot more per day or skipping required maintenance on a vehicle, the victim may be awarded punitive damages as a penalty 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 suit can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle crashes can be difficult. The liable party for a commercial van accident can be the operater, their company, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is strongly recommended for sufferers to have a lawyer for these cases due to their difficulty. 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 case to enable you to get a higher settlement that will cover any expenses from the crash.
How Can I Afford a Lawyer?
Commercial vehicle collision lawyers work on a contingency basis, so you don’t pay until they win the case. If they do obtain a payment for you, the legal fees are covered in the settlement, so it won’t cost you anything out of pocket. You can learn more about how this works at the consultation.
Do I Need to Recover Before Seeking Compensation?
No, it is not required 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 severe injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain current as well as future medical bills to help with your recuperation.
How Do I Prove Who Caused the Accident?
Determining accountability can be complicated and involves taking a close look into how the collision occurred. At first look, it may seem like the driver made a mistake. When the truck is examined, however, it may show the 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 collision 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 attorney, write down as much as possible about what happened 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 slips on hand to show how much cash 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 consultation, 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 depends on how contested the case is and how difficult it may be to prove responsibility. Each case is different and the facts available can differ. 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 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 suit goes to trial, it’s going to take longer to obtain 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?
Most 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 can. In the majority of cases, a settlement is agreed on before the suit reaches the courts. If an deal 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 establish how much compensation the victim can receive.
If you’ve been in a commercial vehicle crash, take the time to talk to a law firm about your case and learn more about whether you can obtain payment for your injuries. Call us today to set up a consultation and get more specific details about your situation and what you can anticipate moving forward.
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