Commercial Vehicle Accidents
Nobody can deny that we need commercial vehicles on the road. They perform many necessary functions, from transporting groceries and fuel to helping individuals move to different homes. Because of their size and potential danger, they are able to cause more damages and worse injuries if commercial vehicles are involved in an accident. These vehicles are therefore subject to greater rules and regulations. Nevertheless, sometimes companies or their drivers are still careless in an effort to save money and/or time, which may result in a collision and serious injuries to innocent people.
Differences between Commercial Vehicle Accidents and Other Accidents
If you are involved in a commercial vehicle accident, the stakes are often higher than in a regular motor vehicle accident, since commercial vehicles carry insurance with higher limits to protect themselves. Instead of regular policies, commercial vehicles may be covered for sums in the millions. That means that you may be able to collect for all your losses instead of settling for the smaller amount available.
Even with so much liability protection, the driver and company may still feel that they need to protect their business interests by not properly paying you. Businesses would rather prefer their employees not be found at fault, leading to not just financial losses but lost trust in their companies. Because of all the rules, regulations, and complexities surrounding commercial vehicle accidents, it may be very difficult for someone not involved in this specific area of law to understand the best way to help you get the full reimbursement you are legally entitled to. For this reason, it is always wise to contact a good attorney in a timely manner. Also, in the state of California, you need to report a commercial vehicle accident to law enforcement while the evidence is still fresh.
Government Regulations
The government works hard to protect drivers while giving support to commercial drivers. The Federal Motor Carrier Safety Administration (FMCSA) is part of the U.S. Department of Transportation, and its primary mission is to prevent commercial vehicle-related fatalities and injuries. FMCSA develops the standards for licensing commercial drivers, works to improve safety programs, and removes dangerous drivers from the road. Another arm of the U.S. Department of Transportation, NHTSA (National Highway Traffic Safety Administration), partners with state and local governments to reduce the effects of commercial motor vehicle crashes. Yet, the number of serious crashes with commercial vehicles has increased over the last decade.
Who Is at Fault?
There are three kinds of commercial vehicle drivers:
1.Owner/operators own their own commercial vehicles and lease them out or work under contract.
2.Company drivers are regular employees, and the company owns and is responsible for the equipment.
3.Actual independent owner/operators are using commercial vehicles to transport their own goods. Because of their size and weight, the drivers will still need to follow the commercial driving rules.
Depending on the circumstances of each particular matter, not only an owner, operator, or trucking company may be held liable for damages caused by a commercial vehicle accident, but also their insurance companies, the manufacturer of the truck or its parts, or even a government entity. When someone gets rear-ended in a regular car accident, it can be easy to say who caused the accident. It isn’t so easy when it comes to accidents with commercial vehicles. Many questions generally arise. Was the accident caused by one driver breaking the law? Both drivers breaking traffic laws? Improper maintenance or loading? A wrongdoing by the trucking company or a defectively manufactured part in the truck? All these and many other questions will become factors when deciding fault.
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Kinds of Injuries & Damages Common in a Commercial Vehicle Accident
Accidents with commercial motor vehicles are often more serious and may include permanent disabilities or even fatalities. Injuries in such an accident can depend on a number of factors, including but not limited to the type and weight of the commercial vehicle, the speed and position of the vehicles involved, the angle of impact during the collision, and many other factors. Here are some of the kinds of injuries most commonly reported:
- Head and brain injuries may not be as obvious right away, but they can interfere with your ability to work, take care of your family, and even enjoy your life.
- Back and neck injuries are common and range from mild to severe. You may be dealing with whiplash or soft tissue injuries, which is temporary but very painful or permanent paralysis. On the other hand, injuries to back may be so severe that may lead to a spinal cord injury or even to paralysis.
- Internal injuries may happen when you are in a high impact crash. These may be mild, such as internal bruising, or serious, such as a lacerated liver.
- Fractured or broken bones range from simple hairline fractures to compound fractures, where the bone protrudes from the skin. These kinds of injuries may keep you from walking, working, or driving.
- An accident victim may suffer amputation, dismemberment, or loss of one or more limbs.
- You may have lacerations caused by the airbag, broken glass, the car itself, or objects flying through the car. Even when you recover you may have permanent scarring or disfigurement.
- Unfortunately, permanent disability or death is always possible when there is a serious wreck with a commercial vehicle.
The real purpose of personal injury litigation is to make victims “whole” again, as much as possible. You and your loved ones should not have to pay for the negligence or recklessness of someone else. When it comes to commercial vehicle accidents, the trucking company and the insurance company may try to keep you from getting what you legally deserve. You will most probably be entitled to compensation for not just medical bills, property damage, lost income, but much more, including those which are not easy to calculate (called non-economic damages) such as pain and suffering, disability, disfigurement, humiliation, mental anguish, emotional distress, loss of love, support and companionship, and any future losses if you are no longer able to perform in the same manner.
If you have been involved in an accident with a commercial vehicle, you should talk to someone really experienced and knowledgeable as soon as you can. You may not have the resources to collect the evidence, speak to all the witnesses, and deal with all the parties involved on your own. At Legal Passkey, we can help you with having the best attorney who will deal with all of those issues and start working on your case right away.
