Being involved in a vehicle collision is jarring and traumatic. You may sustain appalling injuries and develop PTSD, and all of this is compounded when the accident involves a commercial vehicle. Instead of dealing with one other driver and their insurance provider, you are now faced with several parties, including the company owner and their legal team. The commercial vehicle accident lawyers at HHJ Trial Attorneys will walk you through the process so you know what to do and what your first steps are.
Why Are Commercial Vehicle Accidents Different?
A commercial vehicle accident occurs when one or both parties are in a vehicle used for business purposes. These accidents include rear-ending, side-impact, head-on collisions, and multi-vehicle accidents, which are more common when the commercial vehicle is much larger.
Some commercial vehicles, such as trucks and buses, can cause much more significant damage and sometimes even fatalities due to their immense weight and size compared to a conventional car. Commercial vehicles are often driven by an employee of the company that owns the car or truck, not the vehicle owner.
These factors can add a layer of complication to an already stressful situation as liability and insurance involve several parties besides the two involved in the collision.
What Qualifies as a Commercial Vehicle?
- Passenger buses
- Dump trucks
- Courier vans and trucks
- Garbage trucks
- Construction vehicles
- Taxis and limos
- Food and ice cream trucks
- Shuttle vans
- Semi-trucks (18-wheelers)
- Moving trucks
4 Steps You Should Always Take After an Accident With a Commercial Vehicle
Knowing what to do after an accident can save valuable time and help you take charge of a stressful situation, making things easier for all parties. The steps you must take after a collision with a commercial vehicle are:
- Call 911: If anyone involved is visibly injured, tell the operator you need emergency medical assistance and police immediately. If no one seems seriously injured, advise the operator that you require medical assessments on the scene and law enforcement as soon as possible.
- Collect evidence: If you can move around without pain, use this time to take photos of everything. You will need pictures of the damage to both vehicles, their position on the road, the commercial vehicle’s license plate, street names, and injuries caused. You should also get contact information for anyone who witnessed the accident.
- You must also take photos or videos of details like stop or yield signs, road signs, traffic lights, and intersections. As you record, talk through the incident in the order you experienced it.
- Get contact information: Add the driver of the commercial vehicle’s contact information to your phone, including their name, phone number, employer name and number, and personal insurance information. Ensure you have the company’s name, address, and phone number, as well as pictures of the signage on the vehicle.
While speaking to the other driver, do not apologize or discuss the accident. In a moment of confusion, your words may be misconstrued as an admission of guilt, which can be used against you by the company’s insurance provider to avoid paying damages.
Identifying The Liable Party and Dealing With Insurance
Typically, all businesses with company vehicles must have commercial auto insurance to protect themselves in the event of an accident. Unfortunately, not all companies have the same type or level of insurance, which can impact the compensation the provider will be prepared to give you.
Most states require drivers to have personal injury protection and auto insurance, which should protect you and your damages, such as vehicle repair and medical expenses, especially if you live in a no-fault state. However, this can become more difficult in at-fault states as you must prove that the commercial driver is at fault.
You may also need to prove fault if you claim against their insurance if your damages exceed your insurance maximum. Determining liability in a commercial vehicle accident can be highly complex because multiple parties are involved, including the driver, the company, the vehicle manufacturer, the person responsible for vehicle maintenance, and each party’s insurance provider.
Many companies will try to challenge your claim to avoid paying their deductible, which can be several thousand dollars for commercial vehicles. This maneuver can delay your compensation, forcing you to pay for your damages out of pocket. Dealing with the legal process after being involved in an accident with a commercial vehicle can become overwhelming instantly. Therefore, hiring a lawyer is vital to help protect your rights.
The Importance of Legal Representation
Hiring a commercial accident attorney can simplify the process immensely. An experienced lawyer will understand all the complexities of a commercial vehicle collision so they can handle all the complicated details, including:
- Collecting and documenting evidence
- Gathering statements from witnesses
- Investigating the accident
- Identifying the liable party
- Accurately calculating your damages to determine your compensation
- Filing a claim within the deadline
- Considering emotional and psychological damage
- Negotiating a fair and adequate settlement with the liable party
- Taking the case to trial if the defendant refuses a fair settlement
- Suing for punitive damages if necessary
Having a lawyer to handle the complex parts of the legal process will give you the time and peace to recover and continue with your life, knowing you will receive the damages you owe. Dealing with the aftermath of an accident alone, faced with commercial lawyers, can often leave you with a measly settlement or nothing. A lawyer focused on your best interests will do everything in their power to protect your legal rights.
Don’t Face Commercial Vehicle Accident Claims Alone
Hiring a car accident lawyer to fight for you means you do not have to battle with legal jargon and a team that far outmatches you in their legal knowledge. It is complex and psychologically taxing, especially when you’re dealing with injuries and PTSD. Our lawyers ensure that victims of commercial vehicle accidents do not have to navigate the legal process alone.
