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 properly maintained, something can go wrong while it’s on the road. A crash 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 properly 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 limits 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 could 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 accident. They may end up hitting 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 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 – 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 maintenance issue, environmental concerns, 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 required, the victim should still see a doctor as soon as possible, preferably within the next few days. The victim could have hidden injuries that are not apparent 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 prove the injuries were sustained in the accident. The length of time between the accident and the medical care could be seen as evidence 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 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 complex 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 care 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 defect in the vehicle leads to an accident, it may be possible to hold the manufacturer liable for any injuries sustained. 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 properly or missed repairs that were needed to keep the vehicle in proper running condition.
- Employer – An employer who forces the driver to meet unobtainable standards or to drive more than what’s allowed before a break may be liable 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 maintained, the owner may be the liable party.
- Other Drivers – If the accident is caused by another driver, they would be liable for the accident, even if it includes a commercial vehicle. If another driver swerves in front of a truck and the truck cannot 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 accept. It is never a good idea to accept the first settlement offer without advice from a lawyer. Insurance companies want to minimize the amount they pay out, as they cannot be profitable if they always pay out the highest 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 lawyer to negotiate a higher amount. The higher amount 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 increased settlement offer will include non-quantifiable damages, such as loss of enjoyment of life if the victim suffered permanent injuries.
Avoid Common Errors After a Commercial Vehicle Accident
After a truck 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 automatically 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 compensation 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 expenses will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s difficult to recover from an accident 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 lawyer and let them handle the insurance company.
- 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 few 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 good idea. Commercial truck accidents can be incredibly complex and it can be difficult to obtain compensation with the right help. 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 services and only pay the lawyer if the case is won. The amount of money needed to cover legal fees is included with other types of compensation requested in a settlement. So, the victim still receives the money needed to financially recover from the accident and the lawyer’s fees will be covered.
If you’ve been in an accident involving a commercial vehicle, talk to a lawyer to learn more about the help available for your case. You may be owed 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 legalities 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 Vehicle Accidents
Commercial vehicle accidents can lead to serious injuries and damages, so working with a lawyer is advised. Still, you may have some questions before the consultation. Read below to learn more about these cases and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Vehicle?
Commercial vehicles are those hired 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 hired to take someone to another location or to move products from one place to another, it is considered a commercial vehicle, no matter how large or small it may be.
How Much is My Case Worth?
Each case is 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 Accident?
Beyond coverage for accident-related expenses, there are other types of compensation victims can receive, including punitive damages. These are typically awarded in cases where the judge wants to prevent the same thing from happening in the future. If someone took a shortcut, whether that’s forcing drivers to drive more per day or skipping 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 lawsuit can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle accidents can be complicated. The liable party for a commercial truck accident can be the driver, their employer, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is highly 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 recovering 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 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 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 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 severe injuries at this point. Instead, let a lawyer handle the claim while you recover. They can obtain current as well as future medical bills to help with your recovery.
How Do I Prove Who Caused the Accident?
Determining liability can be complicated and involves taking a close look into how the accident occurred. At first glance, it may seem like the driver made a mistake. When the truck is inspected, 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 accident occurred can be used to show who is liable 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 accident. 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 stubs on hand to show how much money was lost due to recovering 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 start on the case.
What Evidence is Needed for My Case?
This depends on how contested the case is and how difficult it may be to prove liability. Each case is different and the evidence available can vary. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t available yet.
When Can I Obtain the Settlement?
Due to the complexity of commercial vehicle accidents, it can take a while to agree on a settlement with the liable party. Then, the liable party does have some time to pay out the full 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?
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 majority of cases, a settlement is agreed on before the case reaches the courts. If an agreement cannot be made, a commercial vehicle accident case can go to court. Even then, it’s still possible to settle. If the trial continues, the judge will determine how much compensation the victim can receive.
If you’ve been in a commercial vehicle accident, take the time to talk to a lawyer about your case and learn more about whether you can obtain compensation for your injuries. Call us today to set up a consultation and get more specific details about your situation and what you can expect moving forward.
