Every day, countless commercial vehicles travel our roads, delivering goods, transporting passengers, and supporting various industries. While these vehicles are vital for our economy and daily lives, they also pose significant risks.
Commercial vehicle accident
s, with their sheer size and weight, often lead to devastating consequences for those involved.
After a
commercial vehicle accident, the legal system and your rights can feel like an uphill battle, especially when dealing with serious injuries and mounting medical bills. That’s why it’s critical to have a clear understanding of
commercial vehicle accident
s, liability, and legal help.
Table Of Contents:
- Understanding
Commercial Vehicle Accident
s - The Severe Nature of
Commercial Vehicle Accident
s - What To Do After a
Commercial Vehicle Accident
? - Conclusion
Understanding
Commercial Vehicle Accident
s
Commercial vehicle accident
s differ significantly from typical car accidents due to the regulations governing them and the potential for catastrophic damage. Unlike standard passenger vehicles, federal and state regulations impact trucking company liability.
What classifies as a Commercial Vehicle?
A “commercial vehicle” typically refers to any vehicle used for business purposes to transport goods or passengers for profit. Additionally, it includes any vehicle weighing at least 16,001 pounds and used in commerce, whether self-propelled, towed, or designed to carry 16 or more passengers.
Examples of common commercial vehicles include:
- Semi-trucks and tractor-trailers.
- Delivery trucks (like those from Amazon, FedEx, UPS).
- Buses.
- Construction vehicles.
- Tanker trucks.
- Garbage trucks.
It’s also important to note that United States Code § 31132 categorizes CMVs based on factors like weight and cargo, including if the vehicle is designed to transport 16 or more passengers, including the driver. This classification helps determine specific safety regulations applicable to different commercial vehicle types. Common
commercial vehicle accident
s include those that involve hazardous materials or result in a wrongful death case. An accident lawsuit may be the best course of action for those seeking maximum compensation for their injuries.
Common Causes of
Commercial Vehicle Accident
s
While driver error plays a role in many
commercial vehicle accident
s, various other contributing factors often complicate these cases. Unlike standard vehicles, several parties might be held accountable, including the driver, trucking company, maintenance providers, and even loading companies.
Let’s break down some common causes of
commercial vehicle accident
s:
| Cause | Description |
|---|---|
| Driver Fatigue | Truck drivers often face pressure to meet deadlines, leading to exhaustion and compromised judgment. The Federal Motor Carrier Safety Administration (FMCSA) has strict hours-of-service regulations, but violations occur. An accident attorney can help you receive compensation for lost income and other damages. |
| Distracted Driving | Like all drivers, commercial drivers can become distracted by mobile devices, GPS, or other occupants. These distractions can lead to lane departures, rear-end collisions, or running red lights. These types of truck accidents often involve a vehicle driver who is not paying attention. |
| Impaired Driving | Driving under the influence of drugs or alcohol significantly increases the risk of an accident, with more severe consequences given the vehicle’s size. FMCSA regulations require rigorous testing and have strict rules against driving while impaired. |
| Speeding | Exceeding speed limits or driving too fast for conditions reduces reaction time and increases stopping distance. Large trucks require even longer distances to brake, making speeding even more dangerous. Speeding is a common factor in many commercial truck accident cases, as truck drivers are often under pressure to meet deadlines. |
| Improper Loading | An unbalanced or unsecured load can cause a truck to jackknife, roll over, or create hazardous debris. Cargo should always be secured properly and within the vehicle’s weight limits. Did you know that speeds over 55 mph, a light trailer, poor weather, or driving on a curved road significantly increase the risk of a jackknife? If a trucking company fails to properly load a truck, and it results in an accident, they can be held liable for the accident. |
| Vehicle Malfunctions | Brake failures, tire blowouts, or faulty steering systems can have disastrous outcomes, highlighting the need for regular maintenance and adherence to FMCSA maintenance rules. Truck accidents are often caused by vehicle malfunctions, which is why it is important to have an experienced injury attorney on your side. |
The Severe Nature of
Commercial Vehicle Accident
s
Due to the mass and force involved,
commercial vehicle accident
s result in a higher likelihood of serious injuries or fatalities compared to truck accidents involving only passenger vehicles. Vehicles pose a serious risk to other motorists and pedestrians on the road, and truck accident cases can be very complex.
Common Injuries in
Commercial Vehicle Accident
s
These accidents can lead to a range of injuries, from minor to life-altering, including:
- Traumatic brain injuries.
- Spinal cord injuries.
- Internal organ damage.
- Broken bones and fractures.
- Amputations.
- Severe burns.
Sadly, statistics show the frequency of serious harm in these types of accidents. For instance, in over 70% of accidents involving large trucks, passengers in other vehicles experience injuries.
What To Do After a
Commercial Vehicle Accident
?
After any accident, especially one with injuries, taking the right steps protects your well-being and preserves potential legal claims. If you have been in a car accident, it’s important to seek compensation for your injuries and other damages. You should also consider contacting a lawyer to discuss your case.
Immediate Steps:
- Seek Medical Attention: Even without visible injuries, get checked by medical professionals. Some injuries have delayed symptoms. Seeking medical attention can help you recover from your injuries and get the treatment you need.
- Contact Law Enforcement: This ensures an official accident report. Reporting is crucial, and is especially important when considering that Federal regulations impact trucking company liability.
- Document the Scene: If possible, gather evidence like photos of the accident, damage to vehicles, and road conditions.
- Exchange Information: Get the other driver’s information, but avoid discussing fault.
Legal Recourse and Seeking Compensation
Seeking legal representation is essential after a
commercial vehicle accident
, given the complex legal landscape and the need to protect your rights. A lawyer will be able to determine the value of your truck accident case.
Experienced
commercial vehicle accident
lawyers can help by:
- Investigating the Accident: They will gather evidence to establish liability, including driver logs, maintenance records, and potential safety violations. This can include gathering evidence, interviewing witnesses, and building a strong case.
- Negotiating with Insurance Companies: Insurance adjusters will seek to minimize payouts. An attorney will fight for fair compensation, including medical expenses, lost wages, and pain and suffering. Insurance companies are notorious for trying to lowball injury victims, so it is important to have an experienced lawyer on your side.
- Representing You in Court: If a fair settlement cannot be reached, your attorney will file a lawsuit and represent you throughout the legal process. Be aware that states have different deadlines for filing; for example, there is a general three-year statute of limitations to file a lawsuit.
Conclusion
Commercial vehicle accident
s represent complex situations with far-reaching implications. Knowing how to respond effectively ensures you protect yourself. This knowledge helps safeguard your rights throughout the legal process after a
commercial vehicle accident
. A personal injury lawyer will help determine how much your case is worth.
This blog post is for informational purposes only and does not contain legal advice. Please consult with our legal professionals to discuss your case.
