When a commercial vehicle accident involving commercial vehicles such as buses, trucks, and taxis occurs, it is difficult to determine who will be held liable. Many different entities may bear liability for these accidents because they often involve more complex issues than private cars- including their operation or maintenance by employees in the course of job responsibilities.
When you’re involved in a commercial vehicle accident, a violation can happen to you as a victim. Learn how to protect yourself after going through this type of incident with the information in this article.
What Makes a Commercial Vehicle Accident Different?
It is often easy to determine who was at fault in a traditional car accident between two parties. It becomes challenging when talking about commercial vehicles and their operators. In this type of crash, a few factors could lead one person or company to cause damages.
Determining exactly how much each party should pay. It depends on which state they live within and any laws regulating such matters within individual countries.
Commercial vehicle accidents can be challenging to identify.
As such, in most cases, it is necessary for an attorney specializing in this area of law and well versed with responsible parties within their specific industry or company due process before arriving at any conclusions about who is liable when something goes wrong.
With the liability for an accident falling on various parties, it is essential to know who might be responsible in certain situations as follows:
- The truck driver: When a truck driver’s negligence leads to an accident, they may hold the driver liable for damages if the driver was drunk or distracted while on duty. And this led directly to something unwanted.
- The trucking company: Trucking companies are liable for the negligence of their drivers. If a driver has multiple driving infractions or does not schedule regular inspections that lead to a commercial accident, they could be held responsible.
- The cargo loaders: An even distribution weight of your truck’s cargo is a must and secured. If not, they could cause an accident with subsequent shifts, leading them accountable in damages if something goes wrong.
The Role of a Commercial Vehicle Accident Lawyer
The complexity of a commercial truck accident can be greater than that for regular cars. It is due to vehicles being designed and constructed to transport heavy loads, which means there is usually lots at stake in any case involving one.
To ensure you get your deserves out of an auto-related injury settlement – contact someone who specializes specifically as both lawyer and personal injuries expert. They will know how best to protect themselves no matter what happens.
A personal injury lawyer will help you if your truck accident injured a friend or family member was involved in a collision. They should also make sure that the other driver’s insurance covers all of their costs, and they can advise on how to deal with any insurers who don’t respond.
Step I – Contact Insurance Providers
When you receive a call from the at-fault driver’s insurance provider, do not speak without an attorney.
They will likely try and convince you it is unnecessary to have a lawyer or even try to devalue your claim by telling what happened to make themselves look better on paper. It could lead to denying any claims made.
When a commercial vehicle is involved in a wreck, the drivers are often independent contractors who do not directly work for their insurance provider.
You may need to negotiate with multiple parties, and each has an interest in protecting themselves as much or more than they do blame- deflecting where necessary. Your lawyer will maintain contact between all involved parties so that communications do not result in costly mistakes.
Step II – Grasp and Prove Your Injuries
Your lawyer will make sure you are receiving adequate medical care to address your injuries, and they will confirm that the diagnosis provided for any condition is accurate. Your legal team can also consult with experts to understand how it might affect future proceedings.
It is crucial to seek medical treatment as soon after an accident for you or your loved one’s injuries to have proper documents and compensation.
Step III – Explore the Accident and Confine Legal Penalty
There is always more than meets the eye in commercial vehicle accidents. The at-fault party may have been a truck driver or even an employee of either party working with this company.
When commercial drivers and vehicles are subject to strict governmental regulation, even a seemingly insignificant slip-up around these rules can have devastating effects.
Your lawyer will seek out the story behind your accident for them to demonstrate that the company caused injury by prioritizing profits over safety – perhaps by failing to do one thing:
- Satisfactorily train drivers
- Screen candidates for criminal convictions and drug use, and make sure new hires’ commercial licenses are valid and are updated.
- Maintain vehicles
- Adhere to the Department of Transportation’s hours-of-service (HoS) regulations.
Driver fatigue is a serious issue that companies often ignore or underestimate. The pressure drivers feel to meet demanding delivery schedules can lead them into dangerous situations, where they are likely exhausted but try hard not to show it for fear of being fired from their job.
Your lawyer will speak with the witnesses and gather evidence to ensure you get a fair trial. They might even interview someone who was involved in your defense.
Your SAFER database record is vital because it shows any company or driver’s history of traffic violations, maintenance issues & crashes – but some documents like internal records may only become available through discovery if litigation proceeds that way.
Step IV – Prove Your Case
When you recover from an accident, your lawyer will determine the types and value of losses and seek compensation. Your legal team can consult with medical experts to establish future changes that could impact how much money is awarded based on those conditions.
Step V – File a Case If Needed
There are different factors that your lawyer will consider when deciding if filing a suit is the right move.
Factors, such as whether or not you want to take up any negotiations with the insurance company before going through litigation or what kind of compensation could be awarded bylaws-based court system. It all plays a role in determining how this would end for everyone involved.
Get a High Success Rate
When you’re in a truck accident, it’s essential to find the right commercial vehicle accident lawyer who can help make things easier for you.
At Garcia Law P.L, they understand how choosing them as your attorney will be an informed decision that benefits both parties involved with relations speedily afterward when dealing with commercial motor vehicle claims.
The best way to get your life back on track after a commercial accident injury is with an experienced personal injury lawyer in Port St. Lucie. They will support and advocate for you. Get in touch today to discuss what the law firm offers at no commitment.