What Should You Do If You Are Injured in a Car Accident With a Commercial Vehicle?
Published 2:00 pm Friday, February 28, 2025
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Being involved in a car accident can be a traumatic experience, especially if the accident involves a commercial vehicle. Commercial vehicles, such as trucks, buses, and taxis, are larger and heavier than personal vehicles, which can result in more severe injuries and damage.
If you are injured in a car accident with a commercial vehicle, it is essential to know what steps to take to protect your rights and ensure you receive fair compensation.
What Makes Commercial Vehicle Accidents Different?
Commercial vehicle accidents differ from regular car accidents due to the larger size and weight, causing severe injuries and damage. Unlike regular accidents, commercial vehicle accidents often involve multiple parties, including the driver, vehicle owner, and manufacturer, if mechanical failure contributed to the crash. Commercial vehicles are subject to stringent federal and state regulations, such as the Federal Motor Carrier Safety Regulations (FMCSRs), which govern aspects like driver qualifications, vehicle maintenance, and hours of service.
Approximately 4,800 incidents resulted in fatalities, and 114,000 caused injuries, marking a 3% rise in fatalities and a 7% increase in injuries. This complexity and severity highlight the need for a thorough understanding of these differences when pursuing a claim.
Immediate Steps to Take After an Accident with a Commercial Vehicle
If involved in an accident with a commercial vehicle, take immediate action to protect your rights. Seek medical attention, even for minor injuries, as some may not be apparent until later. Call the police to report the accident, gather evidence by taking photos of the scene, damage, and injuries, and collect witness and driver contact information.
After taking these initial steps, consult with a car accident lawyer in New Jersey such as from rosengardlawgroup.com to guide you through the process and ensure you receive fair compensation. Also, notify your insurance company about the accident as soon as possible, but be cautious of initial settlement offers, which are often lower than what you deserve.
How Can You Prove Liability in a Commercial Vehicle Accident?
Proving liability in a commercial vehicle accident requires gathering strong evidence and identifying all responsible parties. From police reports to company records, each detail plays a significant role in supporting your claim. Here are the key steps:
1. Obtain the Police Report
A police report provides a detailed and official account of the accident, including statements from both parties and any witnesses. This document is important in proving liability and establishing the facts of the accident.
It can also help to identify potential responsible parties and provide valuable evidence for your claim. Obtaining a copy of the police report as soon as possible is essential.
2. Collect Evidence
Besides photos and witness statements, other forms of evidence can help establish fault in an accident involving a commercial vehicle. These may include dashcam footage, surveillance camera recordings, truck logos, and driver records, as well as maintenance records of the commercial vehicle.
All of which can provide valuable insights into the circumstances surrounding the accident, such as the speed of the vehicles, road conditions, and potential vehicle defects.
3. Identify Responsible Parties
Liability in a commercial vehicle accident may extend beyond the driver. Possible responsible parties include:
- The driver (if they were negligent, distracted, or fatigued)
- The company (if they failed to maintain the vehicle or encouraged unsafe driving practices)
- The manufacturer (if a vehicle defect caused the accident)
Determining the responsible parties is a significant step in building a strong case. It requires a thorough investigation of the accident, including reviewing police reports, maintenance records, and witness statements.
What Compensation Can You Receive?
Victims of commercial vehicle accidents may be entitled to compensation for various expenses and damages, including medical bills, both current and future, lost wages and reduced earning capacity, pain and suffering, property damage, and emotional distress.
The amount of compensation awarded depends on the severity of the injuries sustained and the specific circumstances of the accident, highlighting the importance of seeking professional guidance to maximize your claim and secure fair compensation.
Conclusion
Being injured in a car accident with a commercial vehicle can be a life-altering experience. It is essential to know what steps to take to protect your rights and ensure you receive fair compensation. By seeking medical attention, gathering evidence, and consulting with an experienced car accident lawyer, you can navigate the complex process of filing a claim and get the compensation you deserve.