In the aftermath of a serious vehicle accident, it’s common to feel anxious and emotionally drained. If your accident involves a commercial vehicle, the situation can be especially stressful and confusing. Even if it’s clear that the driver was at fault, determining who is financially responsible for damages isn’t always straightforward. This complexity is due to various factors that can arise in commercial vehicle accidents. To navigate this intricate process effectively, consulting with a personal injury lawyer can be crucial. They can help you understand the nuances of your case and work towards securing the compensation you deserve.
Commercial Vehicle Accidents are Different from Other Accidents
A commercial vehicle is defined as any motorized road vehicle used to transport goods or pay passengers — everything from semi trucks and trailers to pickup trucks and vans, to buses and taxi cabs. If a vehicle is company-owned and primarily used for business transport, it’s classified as a commercial vehicle.
Commercial trucks can weigh 80,000 pounds or more, as compared to the average passenger vehicle, which weighs between 3,000 and 4,000 pounds. As a result, individuals in passenger vehicles run a much higher risk of injury — and even fatality — when they’re involved in a collision with a commercial vehicle.
Furthermore, accidents with large commercial trucks are legally different from passenger vehicle accidents — especially when it comes to determining who is responsible for injury claims and/or damages caused by the collision. In truck accident cases, the victim pursues a claim against the truck driver. When commercial drivers are involved, the accident case can include many lines of insurance coverage, which makes things more tricky.
For example, depending on whether or not the driver was currently “on the clock” while driving, you’ll need to file a lawsuit against either (1) the driver, (2) the driver’s employer, or (3) the company that owns the vehicle, if that entity is different than the driver’s employer.
Common Factors That May Complicate Commercial Vehicle Cases Settlement
When you’re involved in an accident with a commercial vehicle, various factors can complicate your case. This is because such accidents typically involve a driver who is legally insured and regulated by one or more companies. To navigate these complexities, especially when dealing with multiple parties and regulations, seeking the expertise of an accident attorney can be crucial. Certain contributing factors may further complicate your case, including:
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Driver fatigue. The trucking industry is known for its grueling work demands and long hours with very little rest. Whether due to lack of sleep, driving too many hours without rest, negligence, or pressure to deliver loads on time, truck driver fatigue is all too common. It’s also been shown to contribute heavily to accidents. To combat this dangerous practice, federal regulations mandate rest breaks for drivers, who are required to maintain log books of their driving hours. However, some companies still encourage — or even require — their drivers to operate vehicles without rest, in which case the company may be held responsible for your injuries.
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Drug and alcohol use. The long hours and pressure to hit delivery deadlines cause some drivers to engage in substance abuse, thus increasing the risk of commercial motor vehicle accidents. If there’s enough evidence that a driver was under the influence of alcohol or drugs in your collision, the police will most likely launch a criminal investigation. Unfortunately, this can create a delay in your case, since some evidence may be withheld throughout the investigation. However, an experienced lawyer can help manage the complex process of a criminal and civil trial or settlement quickly and efficiently.
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Multiple insurance policies. Truck accidents are inherently more complex because they involve multiple insurance policies. Often, the driver will have individual insurance, but may also be covered by their employer. Or the truck and trailer may be owned by two separate corporations, which means they’re insured by separate insurance companies.
Company Vehicle Accident Procedure
In the aftermath of a commercial vehicle accident, navigating the procedure can be complex and daunting. The process typically begins with the immediate response at the scene, where safety and medical needs are prioritized. Once the incident is reported to the relevant authorities, including the Federal Motor Carrier Safety Administration (FMCSA) if required, the next steps involve detailed documentation and insurance processes.
The company’s insurer will be notified, and their adjusters will start investigating the incident. This includes collecting evidence, such as police reports, witness statements, and any available video footage. The insurer’s primary role is to assess liability and determine compensation for damages, which often includes property damage and medical expenses. However, if the accident results in significant injury or pain and suffering, the process becomes more intricate.
Victims of large commercial vehicle accidents may experience physical, emotional, and financial distress. In such cases, engaging with a law firm can be beneficial. An attorney specializing in mitigating the liability for commercial vehicle accidents will help navigate the legal landscape, ensuring that all aspects of the claim are addressed, including pain and suffering. They will represent the victim’s interests and negotiate with the insurer to secure fair compensation.
The role of the attorney extends to gathering evidence, consulting with experts, and building a robust case. They will ensure that the FMCSA regulations are adhered to, as these can impact the case’s outcome. Additionally, they will help in understanding the legal rights and responsibilities of all parties involved, and guide the victim through the potential litigation process if a settlement cannot be reached.
Overall, the procedure involves meticulous steps and coordination between multiple parties. Having a knowledgeable attorney by your side can greatly alleviate the stress of handling the claim and ensure that all aspects of the case, including pain and suffering and other damages, are properly addressed.
How Lopez Law Group Can Help
When an accident involving a commercial vehicle creates a complicated case, you deserve to clearly understand your rights and receive the fair compensation you are owed, the lawyers from our firm know exactly how to do that for you. Even if you decide not to pursue legal representation, we can help you evaluate your case at no charge. Contact our experienced truck accident lawyers today for a free consultation, and we’ll help you decide the best next steps in your case as you work toward your recovery.
