Home Advisor Learn how a commercial vehicle accident attorney can help you

Learn how a commercial vehicle accident attorney can help you

commercial vehicle

There is an increase in the trucking industry because more consumer goods tend to get to the destination by commercial vehicles, such as large trucks. No doubt, the trucking business can be a good business and a great source of income for many drivers, but this industry usually has a high fatality rate in the country. Unfortunately, many commercial vehicle accident death victims happen to be passengers of other cars and not the truck drivers. Worse still, the majority of all commercial vehicle accident fatalities are passengers of other cars. 

Many truck accidents happen on all major roads. Therefore, as a driver of a smaller car, you need to protect your passengers and yourself from commercial vehicle accidents like trucks. However, even if you take good precautions, commercial vehicle accidents can still occur. When this happens, you need to hire a commercial vehicle attorney serving in McAllen commercial vehicle attorney to help you seek compensation. A good attorney can negotiate for fair compensation or even take your case to trial. In this article, you will learn how a commercial vehicle accident attorney can help you.


Common causes of commercial vehicle accidents

As mentioned earlier, commercial vehicles like large truck accidents are quite common. Large trucks are still a good way to transport goods across the country. With the increase in demand for products, more trucks are now on the roads.

If you are driving on a road with a large truck, you need to remember that a truck cannot maneuver as easily as a car and usually has poorer visibility. Hence, any passenger car driver, you must use more caution while driving alongside a large truck. In most cases, you may be doing the right things and still sustain injuries after a commercial vehicle accident with a large truck.  

For example, a large truck can veer out of its lane and get into the other lane that you are using. Truck drivers can also lose control because they are driving too fast leading to mechanical failure and shifting cargo. All these factors can cause commercial vehicle accidents. 

Keep in mind that there are many other causes of accidents for commercial vehicles, such as large trucks. There can be non-performance which refers to some actions in which the truck driver can be physically impaired to cause them to fail to respond appropriately. A truck driver can fall asleep while driving or be disabled by a physical impairment, such as a heart attack and seizure. These things can cause a commercial vehicle accident.

There is also another type of an accident that is caused by the truck driver being inattentive or distracted. But the largest type of truck accidents happens when the truck driver makes a poor decision or wrong choice that leads to the truck accident. Driving too fast under certain conditions and following too closely can also cause a truck accident. Also, a truck driver who is unable or panicked to take good directional control contributes to some of the truck accidents. 

Aside from these causes of truck accidents, some studies have also indicated that there are many other factors that determine whether or not an accident can take place and how severe the truck accident can be. You need to note that these associated factors refer to both drivers of smaller cars and drivers of large trucks. This is because it’s not always all large trucks that can be at fault in an accident.

Some of the associated factors include driver fatigue, drug and alcohol use, braking problems, poor attention or distraction, driving too fast, traffic congestion, being unfamiliar with the road, a previous accident, failing to yield where necessary, and illegal handling of the car.

How a commercial vehicle accident attorney can help you

By now you may be wondering if you can sue after a traffic collision with a commercial vehicle, such as a large truck that caused your injuries. In most cases, you can choose to sue the at-fault party. But it makes sense to get an experienced commercial vehicle accident lawyer to handle your case and assist to create a winning legal strategy that can help you recover compensation for the damages, losses, and injuries you sustained.

The most crucial thing that a potential commercial accident lawyer can do is to determine who is liable for your injuries. Keep in mind that when a truck driver fails to control their vehicle, they can put all people around them in danger of injury. This is because of the weight and size of their truck and their failure to handle the truck safely. Large truck accidents can sometimes involve several liable parties, such as the trucking company and truck driver.

You can find truck accident law firms that provide no-obligation consultations for commercial vehicle or truck accident cases. This means you have nothing to lose by contacting their offices to discuss the details of your case. This can be the best way you can know your next steps after sustaining injuries in a truck accident.

The key responsibility of the potential attorney is to figure out the party liable for your accident. They can also actively pursue compensation with the at-fault party’s insurer based on the facts and information that you give during your consultation.

One of the ways an attorney can determine fault is to prove negligence. Therefore, to prove that the driver of the truck was negligent, a lawyer can collect evidence to establish that the truck driver had a duty of care to drivers of other cars. Remember that a truck driver needs to take reasonable actions that can prevent a car accident. Also, your attorney needs to establish that the truck driver failed  to meet this duty of care. And, this action or even failure to act led to your accident. 

Finally, your lawyer needs to make a link between your injuries and the accident. They have to demonstrate that your damages, injuries, and losses are due to the truck accident that was caused by the negligence of the truck driver. By proving negligence, the attorney can establish fault in the truck accident case. But the truck driver may not be fully to blame for the commercial vehicle accident. In most cases, the truck accident attorney can also pursue the trucking company.

Holding the trucking company liable

In some states and cases, it can be hard to establish fault in the truck accident. This is the reason why you need to find an experienced truck accident lawyer to handle your case. Any person without legal knowledge cannot know about shared liability in truck accidents. If you fail and don’t hold the trucking company liable for the accident besides the driver, you can miss out on a large compensation that may assist you to pay for medical expenses and outstanding damages.

As mentioned earlier, the trucking business keeps on growing due to the COVID-19 pandemic, so trucking companies are finding it hard to keep good drivers. As a result, this can lead to poor training and hiring procedures that can cause severe truck accidents. 

A reputable truck accident lawyer can help you establish a good case against the trucking company once they determine that the truck company was negligent in hiring and training. There are various ways a truck accident attorney can prove total or partial trucking company liability.

This includes establishing that the trucking company didn’t do a proper background check that could have shown the truck driver’s previous traffic record, such as violations and convictions for driving under the influence or reckless driving. A lawyer can also establish that the trucking company failed to train the truck driver and allowed them to drive a large truck without enough experience or knowledge. Also, the attorney can try to prove that the trucking company didn’t maintain the truck which led to mechanical failure.

As you can see, trucking companies are facing a lot of pressure when it comes to hiring and retaining truck drivers who need to work long hours away from their families. Hence, this can cause high turnover due to burnout. But the shortage of staff should not endanger the lives of drivers of other cars or even the truck drivers themselves.

In conclusion, if you sustain injuries in a commercial vehicle accident involving a large truck, you should not be tempted to deal with the at-fault party’s insurance company alone. You may think that you can save time or even maximize compensation, but this is not a good idea. Large truck accidents usually have several liable parties, and you can rest assured that the trucking company may decide to get their attorney to protect their interests. It’s worth noting that any business will always protect its bottom line rather than your interests.

After a commercial vehicle accident, your first step should be to call emergency services so that you can receive medical treatment for the injuries you sustained after a truck accident. Then you need to contact a commercial vehicle attorney to look at your case. A lawyer can give you information on what you need to do to protect your rights and pursue settlement for the losses, injuries, and damages you suffer.