Unfortunately, vehicle accidents are a fact of life for many people. Wherever heavy traffic occurs, car accidents are even more common. Commercial vehicles frequently cause traffic accidents, which adds a whole new set of complications to any accident case. Because they operate commercial vehicles such as semi-trucks, buses, and the like, commercial drivers are subject to stricter safety requirements than ordinary drivers. However, that doesn’t mean they can’t make mistakes. That’s why it’s important to get in touch with a commercial vehicle accident lawyer.
If you suffered injuries in a traffic collision as a result of a commercial vehicle’s carelessness, you’ll need an experienced commercial vehicle accident lawyer to identify the numerous specific factors that will come into play, from the significant damages to the overwhelming residual effects. Contact Ybarra Maldonado Law Group today for a case evaluation concerning your personal injury case.
Call our Phoenix office at (602) 905-9299 or fill out our online intake form.
What Is a Commercial Vehicle?
The majority of motorists are aware that big rigs, or 18-wheeler tractor-trailers, are commercial motor vehicles (CMVs). Smaller trucks and vans, on the other hand, don’t often come to mind when people think about commercial vehicles. Depending on its weight, even a regular pickup truck hauling a trailer might be considered a commercial vehicle. The FMCSA has numerous components to its general definition of a commercial motor vehicle. We list these components below.
Motor-driven or towed vehicle which serves the purpose of transporting passengers or goods
A gross vehicle weight rating/combined weight rating of 26,001 or more points
Enough seats to transport over 8 passengers for money
Enough seats to transport over 15 passengers for money
Or, a trailer or bed that transports large quantities of hazardous materials
Understanding which cars are designated as commercial motor vehicles is essential since it implies the owner or operator must follow certain regulations. Driving a vehicle that qualifies as a CMV without taking the necessary precautions may result in legal consequences.
Types of Commercial Vehicles
A commercial vehicle is commonly thought to be a huge truck, however this is not necessarily the case. Technically, any vehicle utilized for business purposes is a commercial vehicle, and it is subject to special insurance regulations. Below, we include common examples of commercial vehicles.
Passenger vehicles
Box trucks
Passenger buses
Cargo vans
Ice cream trucks
Cement mixers
Limousines
Pickup trucks
Sports utility vehicles
What Causes Commercial Vehicle Accidents?
As with many vehicle accidents in Phoenix, all sorts of causes exist for commercial vehicle accidents. Below, we include the most common causes of commercial vehicle accidents.
Commercial Driver Error
The transportation business is driven by consumer demand, and as that demand grows, so do the severe expectations placed on drivers and trucking firms. The sting of this ever-increasing demand and its accompanying scheduling limitations is felt by both truckers and the firms that employ them. As a result, it’s not uncommon for safety standards to be lost in the flow. This does not, however, change the fact that both drivers and trucking firms share responsibilities for safe trucking. Below, we list the most common forms of commercial driver error.
Fatigue: Because of the nature of their profession, truck drivers and other commercial drivers confront significant scheduling problems. Nonetheless, they must appropriately handle this issue in order to ensure that getting behind the wheel of their rigs is safe. Truck accidents are frequently caused by fatigue. Hours of service rules at the federal and state levels fight this problem.
Distraction: When commercial drivers sit behind the wheel of their trucks, they must focus only on the task at hand: driving safely. Distraction is defined by the FMCSA as any activity that diverts a driver’s attention away from tasks that are important to safe driving. Distracted truck drivers are risky drivers who are significantly more prone to cause commercial vehicle collisions.
Unhealthy lifestyles: Truckers’ lives are typically lonely and inactive, which are not favorable qualities for good health. Truckers, as well as many other types of commercial drivers, spend long hours on the road, under tight schedules and stress, with few good food options, limited time for exercise, and a lot of boredom. Furthermore, the combination of these factors can lead to commercial drivers developing alcohol and drug issues, which increases the chance of an accident. Overall, the unhealthy lifestyle that comes with trucking may lead to higher accident rates.
Criminal action: Commercial drivers are held to a higher standard than ordinary drivers, in many aspects. When a CDL holder drives while intoxicated, they can cause a great deal of damage and can cause life-altering injuries to other drivers. If a drunk CDL driver in Phoenix caused your accident, the driver would likely be liable for your damages.
The Commercial Vehicle Company
The trucking business is in charge of employing safe, experienced truck drivers who are physically fit enough to handle the job’s responsibilities. If an accident is caused by a driver with insufficient experience or ability, the trucking business may be held liable. In addition, the trucking firm must ensure that its fleet is safe, well-maintained, and roadworthy. This entails putting in place a regular and thorough maintenance plan as well as recruiting a highly competent and experienced maintenance staff to carry out the program.
Furthermore, the trucking firm is responsible for ensuring that its commercial drivers are not pushed past the limits of safe driving schedules and that they follow all federal and state rules and regulations. When it comes to commercial truck accidents, the trucking firm holds a substantial amount of liability.
The Vehicle Manufacturer
In the first place, the truck manufacturer is responsible for delivering a safe vehicle to the trucking firm. Commercial trucks and buses are clearly complex equipment that need meticulous production methods. However, design faults, defective construction, or the use of dangerous or faulty parts can all play a role in or cause commercial vehicle accidents.
The Vehicle Mechanics
The trucking business is responsible for recruiting an experienced and well-qualified mechanic team, but the technicians are accountable for their own job. If they do shoddy work, the technician may be held responsible for any truck accidents that occur as a result.
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What Are Common Injuries in Commercial Vehicle Accidents?
Truck accidents are frequently fatal, and they can result in a variety of serious and permanent injuries. These tragic incidents frequently result in a number of serious injuries. This is especially true if it was a T-bone car accident.
Traumatic Brain Injury
Traumatic brain injuries (TBIs) are caused by a blow to the head or by the head jerking back and forth, as is common in car accidents. TBIs are both exceedingly dangerous and highly unexpected since they impair your brain’s ability to operate. Furthermore, these injuries may not usually manifest symptoms at the time of the event, which might result in a delayed diagnosis and worsening health outcomes. Many TBI patients report that their sense of self has been altered as a result of the injury, which may be particularly disheartening and difficult to overcome.
Spinal Cord Injury
Damage to the spinal cord can result in severe changes in bodily strength, function, and sensation below the injury area. Victims’ capacity to regulate their limb movement is determined by the severity and location of their injuries. It’s impossible to exaggerate the importance of such injuries, which have significant physical, mental, and societal implications.
Broken bones are excruciatingly painful and sometimes take a long time to recover. Broken bones can sometimes mend poorly, resulting in significant problems and even lifelong disability. Never underestimate the severity of a fractured bone or the long-term implications of an accident like this.
What Happens When a Personal Vehicle Is Being Used for Commercial Use and They Have an Accident?
If a major accident occurs while an employee is on the job, the employer will very certainly be held responsible for the injuries and losses. Even if the employee drove his or her own car, the employer will be held liable if the employee was operating in the extent of his or her job at the time of the accident.
Employees frequently utilize vehicles that are not owned by the business (non-owned automobiles) for work activities. If the driver of the vehicle is wounded in an accident, he or she can submit a workers’ compensation claim. In summary, it is in the company’s best interests to carefully comply with safety regulations and to regularly monitor staff performance.
What to Do When You Get in an Accident with a Commercial Vehicle?
If you want to file a successful claim, you must move quickly after the accident.
Seek medical help as soon as possible. Because your health comes first, it’s critical to get care for any injuries you may or may not be aware of.
Take pictures of the situation. Take pictures of everything, including all cars, damages, locations, and any obvious injuries.
You should only communicate with your Phoenix commercial vehicle accident lawyer. Any firms involved in the accident will send claims adjusters who are looking out for their own interests rather than yours. Every word you utter will be used against you. Save any statements you make for the police or your own lawyer.
Contact a commercial vehicle accident lawyer. Allowing the responsible corporation to dissuade you from seeking legal counsel is a mistake. We know how to secure the appropriate compensation to pay your expenditures. At the Ybarra Maldonado Law Group, we have considerable expertise working with big car companies.
What Compensation Can I Receive with Help from a Commercial Vehicle Accident Lawyer?
If you’ve been hurt by a commercial vehicle, get medical help right away and then talk to a competent commercial vehicle accident lawyer. While each accident is different, the damages that result from these collisions frequently fall into the following categories.
Medical Expenses
Truck accidents can result in a wide range of physical injuries and medical costs, including emergency transportation and care, surgery and aftercare, treatment and care from doctors and specialists, follow-up care and aftercare, prescription medications, adaptive physical devices, home adaptations, and home healthcare. Furthermore, the significant injuries sustained in a commercial vehicle accident might have long-term repercussions that aren’t usually obvious in the immediate aftermath of the event. In your accident claim, your knowledgeable commercial vehicle lawyer will assist you in determining the entire extent of your injuries.
Lost Earnings
Because of the seriousness of commercial vehicle accidents, you are almost certain to lose both hours and earnings on the job. Furthermore, the injuries you sustain may result in a shaky professional path and a loss of earnings potential. Such events can destroy not just your long-term money, but also your sense of self. Because our jobs are so intimately linked to our physical locations, employment disruptions like those caused by a commercial vehicle accident may be extremely distressing. Self-isolation, sadness, and heightened worry are all common emotional effects for victims of such losses.
Pain and Suffering
Accidents involving huge commercial vehicles, such as semis, may be terrifying for everyone involved. In reality, many victims of these incidents suffer from post-traumatic stress disorder (PTSD), or symptoms similar to it, which can last for months or years. These catastrophic injuries might result in serious, difficult-to-recover emotional problems.
