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.
- Mediocre Maintenance – If the truck isn’t precisely maintained, something can go wrong while it’s on the road. A collision can result from any breakdowns experienced while the vehicle is being driven.
- Overloaded Cargo – product that is too heavy for the truck or that is not loaded properly 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 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 might fall asleep at the wheel or make mistakes because they’re tired.
- Negligence – Failing to pay attention to the road and their environment could lead a truck driver to cause an collision. They may end up striking another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t identify them in time.
- Rushing – Rushing to get to the next location can lead to severe 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 – Truck drivers who are under the influence of drugs or alcohol can end up causing an accident. This includes prescription medications that can cause drowsiness.
- 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
Affected individuals of a truck accident will want to seek medical attention straight away. If emergency medical care is not required, the victim should still see a medical doctor 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 long-term pain and suffering. If the victim does not see the doctor soon after the accident, it can also become more difficult to prove 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 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 reduce their liability.
Who is Liable for the Accident?
Liability is a complicated topic for commercial van accidents. The driver is not always going to be the accountable party. Instead, it could also be anyone involved in the servicing or use of the vehicle. A legal representative is often needed to identify who the liable party is for any commercial car or truck accident.
- Manufacturer – If a defect in the vehicle leads to an crash, 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 accountable 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 forces the driver to satisfy unobtainable standards or to drive more than what’s authorized before a break may be accountable for any injuries if a collision 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 maintained, the owner may be the at fault party.
- Other Drivers – If the incident is caused by another driver, they would be at fault for the accident, even if it includes a commercial car or truck. If another individual 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 approve. It is never a good idea to approve the first settlement offer without advice 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 victim 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 legal representative to negotiate a higher amount. The higher sum 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 enjoyment of life if the victim suffered long-term injuries.
Avoid Often Seen Errors After a Commercial Vehicle Accident
After a vehicle 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 instantly apologize after an accident, even if the accident wasn’t their responsibility. 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 Low 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 incident and go up against the insurance company 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 provider.
- 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 couple 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 very good idea. Commercial truck accidents can be incredibly complex and it can be difficult to obtain settlement without the right help. Plus, there isn’t a disadvantage to working with a law firm. 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 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 financially recover from the accident and the lawyer’s fees will be taken care of.
If you’ve been in an accident involving a commercial van, talk to a lawyer 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 ensure that you get as much money as possible for the accident. They can also help deal with the legalities of obtaining compensation while you focus on recuperation. 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 law firm is advised. Still, you may have some questions before the consultation. 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 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 paid to take someone to another place or to move products from one place to another, it is considered a commercial van, 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 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 legal representative 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 costs, there are other types of compensation victims can receive, including punitive damages. These are typically awarded in cases where the judge wants to deter 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 skipping 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 responsible party. It is important to get this right, as the claim can get thrown out if it’s against the incorrect party. Regrettably, determining liability for commercial vehicle collisions can be challenging. The liable party for a commercial van accident can be the driver, their company, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a legal representative for a Commercial Vehicle Accident?
It is absolutely recommended for victims to have a lawyer for these cases due to their complexity. 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 case to enable you to get a better settlement that will cover any costs from the accident.
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 settlement for you, the legal fees are taken care of 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 Recoup Before Seeking Compensation?
No, it is not essential to fully recover from your injuries before filing a claim. There is a statute of limitations of two years for filing a suit, and you may still be recovering from serious injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain existing as well as potential medical bills to help with your recuperation.
How Do I Establish Who Caused the Accident?
Determining responsibility can be complicated 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 inspected, however, it may show the operator tried to control the vehicle 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 liable for this type of accident.
What Do I Need Before Talking to a Legal Representative?
Before talking to a legal representative, write down as much as possible about what occurred 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 statements on hand to show how much revenue 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 facts 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 starting point on the case.
What Evidence is Needed for My Claim?
This will depend on how contested the case is and how challenging it may be to prove accountability. Each case is different and the evidence 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 supplied 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 complete amount. If the case 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?
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 possible. In the majority of cases, a settlement is agreed on before the case 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 victim can receive.
If you’ve been in a commercial vehicle accident, take the time to talk to a law firm about your case and learn more about whether you can obtain compensation for your injuries. Call us today to set up a appointment and get more specific knowledge about your situation and what you can expect to see moving forward.
.svg)
