Commercial vehicles are essential to our markets, as they share goods and passengers and support many businesses.
While it is less common for accidents to happen, if one involves a commercial vehicle, the impact is often fatal. These large and heavy motor vehicles usually result in severe and significant harm to both the vehicle occupants and other road users.
Thus, victims pursuing compensation in commercial vehicle car accidents must understand the legal issues.
Read this comprehensive guide to learn what you should do after being involved in a commercial vehicle accident, including how to prove who was at fault and file insurance claims.
What is a Commercial Vehicle?
Business use transport means any transport vehicle operated for hire or reward, as defined in section 144 of the National Land Transport Act 2009.
They include trucks, delivery vans, buses, and taxi cabs, among others. These vehicles are usually bigger and heavier and are bound by different safety laws than the usual one, two, or three car owners, which makes accidents complicated in terms of claims.
Some categories of accidents are more complicated due to the presence of several legal points—thus, it is possible to explain why accidents involving commercial vehicles are more difficult to deal with compared to the standard kinds of accidents.
More often than not, these accidents involve more than two parties: the driver, the company that owns the vehicle, the insurer, or even a third-party contractor.
Possible Reason Behind Commercial Car Accidents
There are various causes of car accidents involving commercial vehicles, and most differ from those involving smaller general commercial vehicles. Common causes include:
- Driver Fatigue: Another factor that makes the commercial driver a great risk in the course of his/her job is fatigue, which results from working long hours. Currently, federal laws restrict the time that commercial drivers can spend on the road, but this is sometimes violated.
- Improper Vehicle Maintenance: Perhaps the most obvious is the stressful notion that, like every other commercial vehicle, the bus needs to undergo constant checks and servicing to ensure safe operation. For instance, lack of maintenance leads to mechanical breakdowns, such as problems with the brakes or an exploded tire, which can cause disastrous crashes.
- Distracted Driving: As is expected of any driver, commercial vehicle drivers can get distracted by phones, GPS devices or even perform some company business on the road. The effects of distracted driving, especially in a big vehicle, are foreseeable and disastrous.
- Reckless Driving and Speeding: Such drivers may also decide to increase their speed or drive risk to ensure they meet projected delivery times, thus raising the risk of an accident.
- Poor Weather Conditions: Most roads today are full of commercial vehicles that are very difficult to maneuver, especially during extreme weather conditions. Fog, rain, or slippery roads increase the chances of an accident.
Determining Liability in a Commercial Vehicle Car Accident
In commercial vehicle accidents, legal responsibility differs from incidental vehicle accident legal responsibility. Depending on the circumstances, one or more of the following parties could be held liable:
- The Driver: The driver may face legal repercussions if careless or broke traffic laws, such as driving while intoxicated or excessively spending.
- The Company: The business entity that owns or operates the commercial vehicle will also be subject to legal action, following the legal doctrine of vicarious liability, as long as the driver was performing his or her duties as expected of him or her by the business entity at the time of the crash.
- Vehicle Manufacturer: The vehicle manufacturer will be held accountable if a mechanical failure resulting from a manufacturing defect causes the accident
- Third-Party Contractors: Sometimes, companies retain other organizations or contractors to provide specific services, such as maintaining the firm’s vehicles. Even in case of an accident that resulted from a maintenance error, these third parties may be assumed to be responsible.
Measures to be Taken After One’s Commercial Vehicle Car Accident
It is critical to take the following actions after being in a commercial vehicle collision to defend your rights and bolster your case:
Call Emergency Services: The general rule is always to call 911 after an accident. However, ensure that the injured persons get the necessary treatment and that a police report is made.
Obtain Evidence: Take pictures of the accident scene, the cars, the people hurt, and the roads if you can. The name and address of the eyewitnesses can also prove to be an asset when supporting your case.
Seek Medical Attention: Regardless of how you feel or think you have sustained any injuries, go to the hospital. When you are injured, especially with the neck or head, sometimes you do not feel the pain of the whiplash or concussion until hours later or even the next day.
Contact a Commercial Vehicle Accident Lawyer: Because of the numerous factors that may arise in connection with commercial vehicle accidents, it is very important to seek a legal practitioner in this field of law. They can assist in collating evidence, defining who is at fault, and handling insurance matters.
Notify Your Insurance Company of the Accident: Regardless of who was at fault, you should notify your insurance company of any accidents you are involved in.
Compensation in Commercial Vehicle Car Accidents Claims
Victims of commercial vehicle accidents can pursue compensation for various damages, including:
- Medical Expenses: These may include hospital charges, rehabilitation costs, and future medical care that is needed because of the injuries.
- Lost Wages: If the accident left you unable to work or caused a disability, you will be unable to work. You may be eligible for lost wages and loss of consortium.
- Property Damage: It is also possible to include compensation for vehicular repair or even purchase a new one.
- Pain and Suffering: Claimants can seek damages for borrowed physical suffering and mental anguish resulting from the accident.
Sharing of Features and Risks to Expect When Filing Commercial Vehicle Accidents
While you may be entitled to compensation after a commercial vehicle accident, several challenges can arise during the claims process:
Dealing with Multiple Insurance Companies: In many ways, the driver and owner of the vehicle will have their own insurance policy. This often leads to more difficult negotiations and an extension of the overall claims handling time.
Proving Liability: Determining who is responsible for an occurrence in a commercial vehicle is always complicated when there are other parties involved. An investigation may involve reviewing the driver’s logbook and vehicle check-up records for possible violations of traffic regulations, among other corporate guidelines.
Pressure to Settle: The insurance companies are representatives of commercial vehicle-owning companies, and most are big institutions that can defend such claims exceptionally well. They may insist on you accepting a small amount in a bid to fast-track the case than it is economically viable.
Complex Legal Framework: Commercial vehicle accidents sometimes come under federal laws such as FMCSA or Federal Motor Carrier Safety regulations, making the case even more complicated legally.
Conclusion
Commercial vehicle car accident claims have the potential to completely change lives and cost a lot of money.
From a legal perspective, who is at fault and what you should do to be paid your dues should be understood by any party involved in an accident.
If you hire an experienced commercial vehicle accident attorney, your site will be protected, and you will proceed through the legal process without hesitation.
FAQs
What is defined as a commercial vehicle in an accident claim?
A commercial vehicle refers to a truck, bus, delivery van, taxi, or any other vehicle used for business purposes.
Consequently, we arrive at another problem that most people need help understanding: who is at fault in a commercial vehicle accident?
Based on the cause of the accident, the driver may be on the spot, or the employer, the manufacturer of the car, or even a third party contractor perhaps hired to transport goods by the employer of the driver involved.
How does a commercial vehicle accident differ from a regular car accident?
It is common to find that commercial vehicle accidents cause greater loss, multiple insurance coverages, and a high probability of consolation disputes.
How much compensation do I have if I get into an accident with a commercial vehicle?
You are entitled to reimbursement for your general damages or pain, lost income, medical costs, and property loss.
Do I need an attorney for a commercial vehicle car accident claim?
As a result, you can easily forget powerful civics, and you may have to deal with many people. Hiring an attorney increases your chance of a fair shake.
