Getting into an accident with a commercial vehicle can be devastating. These vehicles are extremely large and heavy, especially compared to the lightweight and compact personal vehicles that most people drive on the roads. If you were recently involved in a commercial vehicle accident, you can sue the trucking company if their driver caused an accident. 

However, understanding the proper commercial vehicle accident procedure and the steps you take immediately after the crash are extremely important to securing your health and protecting your rights. 

Types of Commercial Vehicles Involved

Commercial vehicle accidents can involve many different types of large vehicles operated for business purposes. Understanding the specific type of vehicle involved in your accident is extremely important as it may affect liability, insurance coverage, and the complexity of your case. 

Some of the most common types of commercial vehicle accidents involve:

• Trucks and 18-wheelers: These massive vehicles can weigh up to 80,000 pounds when fully loaded. They require specialized licensing and maintenance, and they’re subject to strict federal regulations through the Federal Motor Carrier Safety Administration (FMCSA). Many parties can be liable for a semi-truck accident, including the driver, trucking company, cargo loading company, and vehicle manufacturer.
• Commercial buses: This category includes city buses, charter buses, and school buses. Each can carry dozens of passengers, which means that bus accidents typically cause multiple injuries. This can result in a complex insurance scenario due to the number of passengers involved. Commercial bus companies must maintain higher insurance coverage limits and follow strict maintenance and driver qualification requirements to protect public safety.
• Delivery vans and box trucks: Delivery vehicles have become increasingly common on our roads as e-commerce grows more and more. These vehicles, operated by companies like FedEx, UPS, and Amazon, present unique challenges due to frequent stops, tight schedules, and drivers who may be pressured to complete their routes quickly. Many delivery vehicle accidents happen in residential areas or parking lots.
• Taxis and rideshare vehicles: Though smaller than commercial vehicles, taxis and rideshare vehicles operated by companies like Uber and Lyft are considered commercial vehicles when in service. These accidents can involve complex insurance coverage issues as drivers need both personal and commercial insurance policies. Coverage may vary depending on whether the driver was actively transporting a passenger or waiting for a ride request.

Common Causes of Commercial Vehicle Accidents

Commercial vehicle accidents can happen for all kinds of unfortunate reasons. Some of the main causes of truck accidents are:

Driver Fatigue

Despite federal regulations limiting driving hours and mandating rest periods, driver fatigue remains one of the most dangerous problems in commercial vehicle accidents. In fact, the National Safety Council estimates that about one-third of all commercial vehicle accidents are caused by driver fatigue. 

Long hours behind the wheel, irregular sleep schedules, and pressure to meet delivery deadlines can all contribute to severe driver exhaustion. This can slow down the drivers’ reaction times significantly, impair their decision-making abilities, and even cause them to fall asleep behind the wheel.

The FMCSA has implemented strict hours-of-service regulations to combat this issue, including mandatory break periods and maximum driving time limits. However, some drivers and companies may violate these regulations due to tight schedules or financial pressure. 

If you suspect that your truck driver was driving fatigued, it’s important to investigate the driver’s logbooks, electronic logging device data, and delivery schedules to see if they were meeting FMCSA regulations.

Distracted Driving

Commercial vehicle operators can be easily distracted when on the road, especially after a long day of work. There are many common driving distractions that affect all drivers, such as cell phones, eating, or adjusting the radio. Beyond these, commercial drivers must also manage dispatch communications, GPS navigation systems, and electronic logging devices. 

These tools can divide a driver’s attention for a few split moments — long enough to cause an accident.

Poor Vehicle Maintenance

Commercial vehicles must follow strict maintenance schedules to operate safely. Brake failures, tire blowouts, steering malfunctions, and other mechanical issues can cause devastating accidents. This is especially dangerous when they occur at highway speeds or in heavy traffic. The FMCSA requires regular inspections and maintenance. Yet some companies may cut corners to reduce costs or keep vehicles on the road longer.

If your accident was caused to due improper maintenance, then you may be able to pursue compensation from multiple parties. The trucking company, maintenance contractors, and parts manufacturers may all be liable for an accident caused by faulty or improperly maintained parts. 

An experienced truck accident lawyer can help you examine maintenance logs, inspection reports, and repair records to establish whether negligent maintenance contributed to the crash.

Adverse Weather Conditions

Commercial vehicles face unique challenges in adverse weather conditions because of their size, weight, and handling characteristics. Rain, snow, ice, fog, and high winds can dramatically affect a commercial vehicle’s stability and stopping distance. These vehicles require significantly more time and distance to stop even in ideal weather conditions, and wet or icy roads can increase stopping distance considerably.

Professional drivers receive training on operating in adverse weather conditions. But some may feel pressured to maintain schedules despite dangerous weather. Companies have a responsibility to implement and enforce weather-related safety policies, including allowing drivers to delay trips or find safe places to stop when conditions become hazardous. 

When accidents happen in bad weather, it’s important to investigate whether the driver and company made appropriate decisions about continuing operation in those conditions. 

Overloading and Weight Distribution

Proper loading and weight distribution are extremely important safety factors for commercial vehicles. An overloaded truck or improperly balanced load can affect steering, braking, and stability. These can potentially lead to rollover accidents or other catastrophic failures. 

Weight distribution problems can be especially dangerous when carrying liquid loads, as the shifting weight can cause “slosh and surge” effects that make the vehicle harder to control.

Federal and state regulations specify maximum weight limits and loading requirements. But violations happen when companies attempt to maximize efficiency by carrying more cargo in fewer trips. 

If involved in an accident with a potentially overloaded truck, you should verify the weight station records, loading dock documentation, and bills of landing to determine if weight regulations were violated.

Legal Liability in Commercial Vehicle Accidents

Multiple parties may share responsibility for the injuries and damages after a commercial vehicle accident. Because of the complex nature of commercial transportation, liability typically extends beyond just the driver involved in the crash. Responsible parties may include:

• Trucking company or fleet owner: Commercial vehicle companies bear significant responsibility for their drivers’ actions under the legal principle of “vicarious liability.” These companies must confirm that the driver is properly trained, maintain accurate records, and follow all federal safety regulations. When companies cut corners on safety or push drivers to exceed hour limits, they may be liable for resulting accidents.
• Vehicle manufacturers and parts suppliers: The vehicle manufacturer may be liable if a defective vehicle component contributes to an accident. This also extends to part manufacturers, including those who make brakes, tires, or safety systems. For example, if a brake system fails due to a manufacturing defect, then the brake manufacturer could be held responsible.
• Cargo loading companies: Third-party companies responsible for cargo can be liable if improper loading contributes to an accident. Incorrect weight distribution, unsecured cargo, or overloading can make vehicles unstable and dangerous. These companies must follow strict protocols for load securement and weight distribution.
• Maintenance contractors: Companies that perform maintenance and repairs on commercial vehicles may share liability if poor maintenance leads to an accident. This includes both routine maintenance providers and shops that perform specific repairs.
• Government entities: In some cases, government agencies responsible for road maintenance and design may share liability. Poor road conditions, inadequate signage, or unsafe construction zones can contribute to commercial vehicle accidents. However, claims against government entities often involve special procedures and have shorter filing deadlines.

Employer vs. Employee Liability

Determining whether the employer or employee is primarily responsible for the accident is one of the most important parts of a truck accident lawsuit. Generally, employers are responsible for their employees’ actions under the doctrine of respondeat superior, which holds companies liable for accidents that happen while employees are at work performing work duties.

However, this liability becomes more complicated when drivers are classified as independent contractors rather than employees. Companies will try to limit their liability by classifying drivers as contractors. But courts will look at the actual nature of the relationship rather than just the classification.

Factors Influencing Settlement Amounts

The value of a commercial accident claim largely depends on the value of the damages that resulted from it. In order to obtain compensation, you must first show that another third party owed you a duty of care. For example, commercial drivers typically owe a duty of care to other drivers and pedestrians on and near the roads. Then, you must show that they breached said duty of care and that you suffered damages directly because of it. 

For example, the truck driver ran a red light or exceeded their legal working hours, which resulted in the accident. 

Finally, you must show proof of all the damages you suffered from the accident, which can include:

• Economic damages: These represent the direct financial losses resulting from the accident. They include current and future medical expenses, lost wages and benefits, property damages, and rehabilitation costs. You can account for both current and future financial needs, especially in cases that involve permanent injuries that will require ongoing care.
• Non-economic damages: These damages address the human cost of the accident beyond direct financial losses. They include pain and suffering, emotional distress, loss of enjoyment of life, and impact on personal relationships. While harder to quantify than economic damages, these losses often make up a large part of a compensation award.
• Punitive damages: The courts may award punitive damages in cases of particularly egregious conduct. These typically happen when a company shows complete disregard for human safety, like falsifying safety records or knowingly operating unsafe vehicles.

The Importance of Documentation

Gathering and presenting sufficient documentation is one of the most important parts of proving who’s at fault in a truck accident. Every piece of evidence, from photographs to medical records, helps establish the full extent of damages and strengthens your position in settlement negotiations or procedures.

• Gathering evidence at the scene: Immediate documentation of the accident scene can help you secure important evidence right away. Take photos from multiple angles, collect witness information, note the weather and road conditions, and record any statements made by the driver or other parties involved.
• Obtaining medical records: Keeping comprehensive medical documentation helps establish a direct link between the accident and your injuries. Keep records of all medical visits, treatments, prescriptions, and therapeutic interventions. Don’t forget to also keep track of any mental health care related to the incident.
• Keeping a record of expenses: Maintain detailed records of all accident-related expenses, including medical bills, transportation costs, property damage, and lost income. Save receipts, invoices, pay stubs, and any other documents that show financial loss.
• Documenting physical and emotional recovery: Keep a daily journal where you document your recovery process, including pain levels, limitations on daily activities, and emotional challenges. These personal records can provide powerful evidence of your non-economic damages.
• Keep communication records: Save all correspondence with insurance companies, medical providers, and other parties involved in your case. These records can help establish the timeline of events and document any admissions of guilt or important statements from the other parties.

Final Thoughts: Hiring an Attorney for Commercial Vehicle Accidents

The average settlement for a commercial vehicle accident is estimated to be $103,654 in 2024. That’s why you should obtain the best possible representation when pursuing compensation for a truck accident case, as the experience of your legal team can directly influence your settlement amount. 

At Morris & Dewett, we have decades of combined experience and have successfully recovered the largest verdict in Louisiana history. Contact us today for a 100% free consultation. Let’s discuss how we can help you maximize your commercial vehicle accident settlement amount.