Whether you’re a driver, cyclist, or pedestrian, you expect the best in safety and security when sharing the road with commercial vehicles. Not only do companies owe you high quality products and services, but they owe it to you to maintain well-trained drivers, rigorous safety protocols, and care for the public. However, too often, Californians are injured in car accidents due to negligent action or inaction on the part of large corporations looking to protect their bottom line. If you were injured by a commercial vehicle due to a company’s negligence, you deserve to pursue justice alongside a California commercial vehicle accident attorney from BD&J.
What is a Commercial Vehicle Accident?
Commercial vehicle accidents are sustained when a delivery van, box truck, semi, or other company vehicle crashes into someone or something and causes damage. Victims may be pedestrians, cyclists, employees, other drivers, or even bystanders who have become injured as a result of negligence perpetrated by the corporation or its representatives.
Those who experience commercial vehicle accidents could have legal recourse to demand compensation from the company, its contractors, its employees, and others. A commercial vehicle accident attorney in California can help you determine who is responsible for your accident and help pursue justice on your behalf.
What Causes Commercial Vehicle Accidents?
Commercial vehicle accidents occur due to negligent conduct on the part of the company that owns or manages the truck, van, or other vehicle. Many times, corporations impose strict, nearly impossible standards that put stress on drivers and cause crashes. For example, a company that imposes strict quotas on delivery drivers may push drivers to practice unsafe driving habits like driving while drowsy or speeding to meet their quotas.
Several situations the commercial vehicle accident attorneys at BD&J see most often include:
- Unsafe driving of trucks or delivery vans – speeding or driving aggressively to meet impossible quotas.
- Drivers with inadequate training – companies are required to ensure drivers have the proper training and certifications to appropriately handle the vehicle they operate.
- Negligent hiring practices that put dangerous people in the driver’s seat – Failure to check driving records or criminal backgrounds of drivers.
- Lengthy working hours due to understaffing – Exceeding hours of service rules or simply working longer hours to meet demands.
- Poor vehicle maintenance – Inadequate maintenance inspections, lack of regular servicing, or mistakes made by mechanics.
- Non-compliance with state and federal regulations for commercial vehicle and commercial drivers – Including the use of handheld distractions, violation of traffic laws, violation of Commercial Driver’s License (CDL) rules, and more.
What Injuries Do Victims Suffer in a Commercial Vehicle Accident?
Victims of commercial injuries may experience a wide variety of injuries up to and including:
- Traumatic brain injuries – Severe impact to the head causing concussions, brain bleeding, and inflammation that can cause lasting damage.
- Spinal injuries and paralysis – Impact or manipulation of the spine that results in damage to the vertebrae, nerves, or spinal cord.
- Broken bones – Fractured skull, femur, or pelvis cause the most damage.
- Internal bleeding – An invisible and often unchecked injury that can be missed without proper medical attention.
- Whiplash – Stress to neck muscles from a severe impact.
- Lacerations – Cuts and scrapes from broken glass, road rash, and more.
- Amputation – Severe damage to limbs or extremities requiring the loss of the body part. Often the result of crushing injuries.
- And death – The massive size and weight of commercial vehicles compared to motorcycles and cars mean these accidents can be fatal.
Dealing with painful injuries after an accident? Contact us to schedule your free consultation!
What Kind of Damages Can Victims Demand in a Commercial Vehicle Accident Lawsuit?
After a commercial vehicle accident caused by negligence, you have the right to pursue compensation for all damages suffered. You are likely eligible to claim compensation for:
- Medical bills – For ER visits, surgeries, treatments, follow up appointments, medical devices, and medication costs.
- Lost wages – To cover wages that would have been earned if the victim was not forced out of work due to an accident.
- Car repairs – Covers property damage of any kind caused by the accident. This can also cover the cost of the vehicle in the case that it is totaled and requires replacement.
- Pain and suffering – Financial recompense for the emotional and psychological damage caused by traumatic accidents.
And in more severe circumstances:
- Future/on-going medical treatments – Covers expected medical needs beyond the resolution of the case.
- Medical devices – Prosthetics, mobility devices (crutches and wheelchairs), ventilators, heart monitors, etc.
- Loss of income – Necessary for victims with significant damage or permanent disability that makes it impossible for them to return to work.
- Disability modifications to home – Installation of lifts, widening door frames, installing grab bars, or the need to move to accommodate disabilities.
- Loss of enjoyment of life – Compensation for the loss of the ability to do the things that bring happiness.
- Funerial and burial costs – To cover all the costs of the funeral and associated costs for the loss of a loved one.
Frequently Asked Questions
How Long Do I Have to Present My Commercial Vehicle Accident Claim?
Most commercial vehicle accident claims have a statute of limitations of two years from the date of the accident. This means you must file a claim within those two years to obtain compensation.
Can I Still File a Commercial Vehicle Claim After the Deadline?
Most likely not. Claims filed after a statute of limitations has passed are typically dismissed and can no longer recover any compensation. This is why working with a California commercial vehicle accident attorney can allow you to present your claim in a timely manner.
Don’t wait to file a claim for compensation. Call BD&J to connect with a commercial vehicle accident lawyer.
Do I Have to Seek Medical Attention After My Commercial Vehicle Accident If I Don’t Feel Symptoms?
Absolutely! Many people put off visiting the hospital after their commercial vehicle accident, but this can only be detrimental for their health and the importance of their claim. It is also important to remember that some injuries don’t show symptoms right away.
What is the Cost to Work with a Commercial Vehicle Accident Attorney?
At BD&J, we know the financial strain that comes with medical bills, car repairs, and other expenses that follow a commercial vehicle accident. This is why we work on a contingency fee basis, which means our lawyers receive payment through a portion of the compensation obtained through your claim.
Do I Have to Pay Any Lawyer Fees Upfront?
No! Contingency fees are paid out as a percentage of the compensation you recover through your claim. This means we don’t charge fees until you win*.
Can I Still File a Commercial Vehicle Accident Claim in California if I Was Partially at Fault?
Absolutely! California is a comparative negligence state, which means that injured drivers can still obtain compensation. The compensation amount is simply reduced by the percentage of fault the other injured driver is found to have.
How to Navigate After You’ve Been Hurt in a Commercial Vehicle Accident
If you have been hurt in a car accident due to a company’s unsafe practices, you may feel overwhelmed by the options.
- Seek medical attention. Even if you think you’re mostly fine, it always pays to double-check your health and safety with a medical provider. Some injuries may be dulled by adrenaline and could surface over the following days or weeks.
- Call 911. Most traffic accidents in California require that you notify law enforcement and file a police report. Having the police at the scene helps maintain a safe environment and complete the report in a timely manner
- Record and document the accident. If possible, take photos of the accident scene, ask for witness statements from those who saw what happened, and write down everything you remember from the events leading to the accident.
- Report the accident to the company. Their reaction and processes could aid your case against them.
- Get advice from a California commercial vehicle accident attorney. Commercial accident attorneys can educate you on your rights and aren’t intimidated by the large, corporate legal teams. Your lawyer knows how to negotiate with insurance companies and opposing counsel on your behalf, so you can focus on recovery.
How Do Commercial Vehicle Accident Lawyers Help?
Commercial vehicle accident lawyers are a unique breed of attorney, capable of standing up to even the largest corporations when their clients need justice. While the easy answer during a commercial vehicle accident case is to demand compensation from a single party, the commercial accident lawyers at BD&J know a full recovery involves holding all parties accountable that may have played a role in the accident. Commercial vehicle accident attorneys can:
- Identify liability – Demonstrate clearly what or who caused your accident.
- Investigate the accident – Interview witnesses, reconstruct a timeline, review the police report, and even work with an accident reconstruction expert if necessary.
- Collect evidence to support your claim – Dashcam footage, black box data, driving logs, medical records, and maintenance logs.
- Manage the complex legal process – Everything from submitting official documents and meeting strict deadlines to communicating with doctors, lawyers, insurance agents, and more.
- Negotiate aggressively for maximum compensation – Utilize specific strategies to counter statements and assumptions presented by the accused commercial entity.
Supporting Victims of Commercial Vehicle Accidents for More Than 20 Years
BD&J has been a fixture of personal injury law in California for more than 20 years. Our team of knowledgeable, experienced commercial vehicle accident lawyers can help California residents who have been hurt by corporate practices claim full compensation for their injuries, property damage, and more. If you’ve been hurt by a corporation, contact our lawyers today for a free consultation.
