Car accidents are stressful, whether they are commercial or passenger vehicles. However, claims involving commercial vehicles such as delivery vans, transport trucks, company cars, taxis, rideshare vehicles, and construction vehicles are more complex. These vehicles are frequently linked to employers, contractors, corporate policies, and business insurance, necessitating a more thorough investigation of responsibility.
Why Commercial Vehicle Accidents Are Different
In a typical car accident, the drivers, the insurance companies, and the facts of the accident play the most prominent roles. There may be multiple parties involved in a commercial vehicle accident, such as the driver’s employer, the vehicle owner, a leasing company, a maintenance provider, a loading company, or a commercial insurer.
This is important because there may be more than one party legally responsible. For instance, if the delivery driver made a driving error that resulted in a collision, the employer may also be liable. The company that undertook the inspection or repairs on the vehicle might have to be investigated if poor maintenance was a factor in the accident.
Common Causes of Commercial Vehicle Collisions
There are numerous causes of commercial vehicle collisions. Factors such as driver fatigue, speeding, distracted driving, lack of training, unsafe lane changes, poor vehicle maintenance, overloaded cargo, rushed delivery times, and failure to adhere to safety regulations are common causes.
In some cases, the fault may lie with the driver. In other cases, the company’s policies or practices may have contributed to the crash. For instance, drivers might be forced to work within unrealistic schedules, pressuring them to speed, skip rest stops, or forgo breaks entirely.
Evidence That May Be Important
The evidence in a commercial vehicle accident can disappear quickly, so early action is crucial. Key evidence may include police reports, dashcam and surveillance footage, GPS data, driver logs, inspection and maintenance records, delivery logs, company safety policies, training records, and witness statements.
Electronic data can also be used for larger vehicles or fleet vehicles to demonstrate speed, braking, driving time, and vehicle movement prior to the crash. A lawyer can assist in obtaining and protecting this information before it is lost, deleted, or overwritten.
Injuries May Be More Serious
Commercial vehicles tend to be bigger and heavier than passenger vehicles. This size and weight disparity means collisions involving commercial vehicles can cause significantly more serious injuries to occupants of smaller vehicles. These can range from fractures, concussions, spinal injuries, soft tissue injuries, psychological trauma, chronic pain, and long-term disability.
Dealing With Commercial Insurers
Commercial vehicle claims are frequently handled by insurers with significant experience and resources. They may begin their investigation shortly after the accident and may seek statements, documents, medical records, and early settlement discussions.
It is important for an injured party to be fully informed before signing any documents or accepting a settlement offer. Early offers may not reflect the full value of a claim, especially if the person is still in the midst of their medical recovery. A lawyer can provide legal counsel to ensure that the injured party understands their rights before making any decisions.
Determining Liability
One of the primary elements in a commercial vehicle accident claim is determining liability. Liability will depend on factors such as whether the driver was on duty at the time, who owned the vehicle, whether it was properly maintained, and whether the company followed reasonable safety practices.
A personal injury lawyer can explore these questions and identify any other potentially responsible parties. This can be significant, since claims involving business entities may be covered by different insurance policies and carry higher coverage limits than typical car accident claims.
Why Legal Help Matters
Without legal assistance, filing a claim for a commercial vehicle accident can be difficult. There could be multiple insurance providers, corporate defendants, technical evidence and arguments for liability. A lawyer manages communications, collects and keeps evidence, estimates damages, tries to deal with insurance companies, and gets ready for litigation, if required.
Having a lawyer handle your case also means the injured party can focus on healing while the matter is handled appropriately. This can minimize stress and help safeguard the person’s future.
Conclusion
If you are involved in a car accident with a commercial vehicle in Ontario, the claim may be more complicated than a typical car accident. Several parties can be involved, rapid preservation of evidence may be required, and commercial insurers may push hard to minimize their payout.
Having legal representation at an early stage can help injured parties understand their rights, preserve vital evidence, and pursue fair compensation for their medical costs, lost wages, long-term treatment, and pain and suffering.
If you or a loved one has been injured in a collision involving a commercial vehicle in Ontario, SG Injury Law is here to help. Contact us today for a free, no-obligation consultation; you pay nothing unless we win your case.
FAQs
1. What is considered a commercial vehicle in an accident claim?
Commercial vehicles include transport trucks, delivery vans, company cars, construction vehicles, taxis, and rideshare vehicles used for business or work-related purposes at the time of the collision.
2. Why are commercial vehicle accident claims more complicated?
These claims may involve multiple parties, commercial insurance policies, corporate investigations, and additional evidence such as driver logs, maintenance records, and company safety procedures or policies.
3. Who can be responsible in a commercial vehicle accident?
Liability may involve the driver, employer, vehicle owner, maintenance provider, or another company connected to the vehicle’s operation, maintenance, or business activities at the time of the collision.
4. What injuries are common in commercial vehicle accidents?
Because commercial vehicles are often larger and heavier, accidents may result in serious injuries, including fractures, spinal injuries, concussions, chronic pain, and long-term rehabilitation needs or disability.
5. What should I do after a commercial vehicle accident?
Seek medical attention, report the accident, document the scene if possible, avoid discussing fault publicly, and consider speaking with a personal injury lawyer before accepting any insurance offers.
6. Can I still receive compensation if multiple parties are involved?
Yes. A lawyer can investigate the accident, identify responsible parties, and pursue compensation through the appropriate insurance policies or legal claims connected to the commercial vehicle collision.