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 collision can result from any breakdowns experienced while the truck 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 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 may 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 accident. 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 – Speeding to get to the next location can lead to serious crashes because the driver is not paying attention like they should and making decisions 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 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
Victims of a truck accident will want to seek medical attention immediately. If emergency medical care is not needed, 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 crash, but that can cause future pain and suffering. If the victim does not see the medical doctor soon after the accident, it can also become more difficult to show the injuries were sustained in the accident. The duration of time between the accident and the medical care could be seen as confirmation 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 reduce their liability.
Who is Liable for the Accident?
Liability is a complicated topic for commercial vehicle accidents. The driver is not always going to be the accountable party. Instead, it could also be anybody involved in the servicing 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 collision, it may be possible to hold the manufacturer responsible for any injuries experienced. Defects can be in any part of the vehicle, from the engine to the tires.
- Mechanic – The mechanic 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 pushes the driver to meet unobtainable standards or to drive more than what’s authorized before a break may be accountable 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 serviced, the owner may be the at fault 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 at fault 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 accept 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 largest amount for every claim. So, the starting settlement offer will be lower than what the recipient may be entitled to for their injuries. If this settlement is approved, the victim cannot get more money from the liable party later.
Instead of accepting the first settlement, victims can work with a legal representative to negotiate a larger amount. The higher amount of money 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 improved settlement offer will include non-quantifiable damages, such as loss of convenience of life if the victim suffered permanent injuries.
Avoid Typical Errors After a Commercial Vehicle Accident
After a van 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 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 settlement for the accident.
- Avoid Accepting a Lower Settlement – Make sure any settlement offer approved is going to be enough to cover the monetary 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 challenging 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 firm 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 couple of 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 beneficial idea. Commercial truck accidents can be incredibly sophisticated and it can be difficult to obtain compensation without the right support. Plus, there isn’t a disadvantage to working with a legal representative. Commercial vehicle accident lawyers work on a contingency basis. This means victims don’t need to pay upfront for legal services and only pay the lawyer if the case is won. The total 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 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 case. You may be owed a lot more compensation than you realize and a lawyer can help ensure you get as much money as possible for the accident. They can also help deal with the legal aspects of obtaining compensation while you focus on recovery. Contact us today to set up a consultation and learn more about your case.
FAQs About Commercial Automobile Accidents
Commercial vehicle accidents can lead to severe injuries and damages, so working with a lawyer is recommended. Still, you may have some questions before the appointment. Read below to learn more about these circumstances 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 goods 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 location or to move products from one place to another, it is considered a commercial automobile, no matter how large or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is totally different, so it’s hard to say how much a case is worth without looking at the details. Compensation can cover all expenses 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 case may be worth.
Will I Receive Punitive Damages for the Collision?
Beyond coverage for accident-related expenditures, there are other types of compensation victims can obtain, including punitive damages. These are typically provided in cases where the judge wants to deter 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 skipping required maintenance on a van, 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 claim 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 vehicle accident can be the driver, their company, 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 highly recommended for sufferers to have a lawyer for these instances 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 recouping from your injuries. They’ll help with each part of the case to enable you to get a better settlement that will cover any expenditures from the incident.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay until they win the suit. 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 consultation.
Do I Need to Recover 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 major injuries at this point. Instead, let a lawyer handle the case while you recover. They can obtain existing as well as foreseeable medical bills to help with your recuperation.
How Do I Show Who Caused the Accident?
Determining responsibility can be challenging and involves taking a close look into how the incident occurred. At first look, it may seem like the driver made a miscalculation. When the truck is examined, however, it may show the operator 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 Lawyer?
Before talking to a legal representative, 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 costs or receipts from the accident. It’s also a good idea to have pay slips on hand to show how much revenue was lost due to recuperating 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 meeting, 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 difficult it may be to prove responsibility. Each case is different and the proof available can differ. A lawyer can help gather as much evidence as possible and identify 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 accidents, it can take a while to come to an agreement on a settlement with the accountable party. Then, the liable party does have some time to pay out the whole amount. If the case goes to trial, it’s going to take longer to receive a settlement. A legal representative 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 possible. In the vast 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 decide how much compensation the sufferer 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 settlement 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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