Understanding the Complexities of Car Accidents Involving Commercial Vehicles

Car accidents are already a daunting experience for anyone involved, but the stakes are considerably higher when it comes to accidents involving commercial vehicles. These incidents can lead to severe injuries, significant property damage, and complex legal scenarios that require a comprehensive understanding of both state and federal regulations. Navigating the aftermath of a car accident with a commercial vehicle requires careful attention to detail and a strategic approach so that victims receive the compensation they deserve.

The Immediate Aftermath

The moments immediately following a car accident are critical. The primary concern should always be the health and safety of everyone involved. In accidents involving commercial vehicles, the size and weight of these trucks often result in more severe injuries compared to accidents with passenger vehicles. Ensuring that all parties receive necessary medical attention is paramount. This not only protects the well-being of the victims but also creates essential medical records that will play a crucial role in any subsequent legal proceedings.

Once emergency services are on the scene, documenting the accident is the next important step. This includes taking photographs of the scene, gathering contact information from witnesses, and securing a copy of the police report. In commercial vehicle accidents, the evidence collected can be more complex due to factors like the involvement of multiple vehicles, hazardous materials, and potential violations of trucking regulations.

The Role of Federal and State Regulations

Commercial vehicle accidents are governed by a unique set of rules and regulations that do not apply to standard passenger vehicles. The Federal Motor Carrier Safety Administration (FMCSA) sets forth regulations that dictate the operation, maintenance, and safety protocols for commercial vehicles. These regulations cover a wide array of factors, including driver qualifications, hours of service, vehicle maintenance standards, and cargo securement.

State laws also play a significant role in determining the legal landscape of a commercial vehicle accident. Each state may have different requirements and statutes of limitations for filing a claim, which can affect the strategy and timeline for pursuing legal action. Understanding these laws and how they interact with federal regulations is essential for building a robust case.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Identifying Liability in Commercial Vehicle Accidents

Determining liability in accidents involving commercial vehicles can be particularly complex. Unlike typical car accidents, where the fault is usually attributed to one of the drivers, commercial vehicle accidents often involve multiple parties. Potential defendants may include the truck driver, the trucking company, the vehicle manufacturer, or even a third-party maintenance provider.

The truck driver’s actions are scrutinized to determine if negligence played a role in the accident. This could involve assessing whether the driver was fatigued, under the influence of substances, or violating traffic laws. Additionally, the trucking company’s practices and policies are examined. For instance, companies may be liable if they fail to enforce proper maintenance protocols, overload trucks, or push drivers to exceed legally mandated hours of service.

In some cases, the vehicle manufacturer or a maintenance provider could be liable if the accident was caused by a mechanical failure or improper repairs. These scenarios require a thorough investigation and often involve testimony to establish causation and fault

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Importance of Thorough Investigation

A comprehensive investigation is critical to uncovering all the facts surrounding a commercial vehicle accident. This process often includes reviewing the truck’s electronic logging device (ELD) data, which records the driver’s hours of service and can indicate whether they were compliant with federal regulations. Investigators also examine the truck’s black box, or event data recorder (EDR), which provides crucial information about the vehicle’s speed, braking patterns, and other operational data at the time of the accident.

Maintenance records and inspection logs of the commercial vehicle are scrutinized to check that the truck was in proper working condition and that all required inspections were up to date. Any discrepancies or lapses in maintenance can be pivotal in establishing negligence on the part of the trucking company.

Witness statements and analysis are also integral to building a strong case. Eyewitnesses can provide firsthand accounts of the accident, while accident reconstruction professionals can recreate the scene to provide a clearer understanding of how the incident occurred and who is at fault.

Legal Representation

Navigating the legal aftermath of a commercial vehicle accident requires experienced legal representation. Victims need an attorney who understands the complexities of trucking regulations, the intricacies of insurance policies, and the tactics often employed by trucking companies and their insurers to minimize liability.

An experienced attorney will handle all aspects of the legal process, from gathering evidence and filing claims to negotiating with insurance companies and representing the victim in court if necessary. This allows the victim to focus on recovery while ensuring that their legal rights are protected.

One of the key aspects of legal representation is negotiating with insurance companies. Commercial vehicle insurers often have extensive resources and are skilled at minimizing payouts. An attorney with experience in commercial vehicle accidents can counter these tactics by presenting a well-documented case that clearly demonstrates liability and the extent of the victim’s damages.

Related Videos

Pursuing Compensation

Victims of commercial vehicle accidents are entitled to seek compensation for a variety of damages. These can include medical expenses, lost wages, pain and suffering, and property damage. The severity of injuries often seen in commercial vehicle accidents can lead to substantial medical bills and long-term care needs, making it essential to pursue full and fair compensation.

Lost wages and loss of earning capacity are also critical components of a compensation claim. Victims who are unable to work due to their injuries or who experience a diminished ability to earn a living must be adequately compensated for these losses. Pain and suffering, which encompass physical pain, emotional distress, and loss of enjoyment of life, are also significant factors in determining the total compensation.

In some cases, punitive damages may be awarded if it is proven that the trucking company or driver acted with gross negligence or willful misconduct. These damages are intended to punish the wrongdoer and deter similar conduct in the future.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

View More Results

The Settlement Process

The majority of car accident claims, including those involving commercial vehicles, are resolved through settlements rather than going to trial. Settlement negotiations can be lengthy and complex, particularly when dealing with commercial vehicle insurers. An experienced attorney will advocate for a fair settlement that fully compensates the victim for their losses.

The settlement process involves presenting a demand letter that outlines the victim’s damages and the compensation sought. The insurance company will typically respond with a counteroffer, and negotiations will continue until a mutually acceptable agreement is reached. If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.

The Importance of Timeliness

Time is a critical factor in pursuing a claim following a commercial vehicle accident. Each state has a statute of limitations that sets a deadline for filing a lawsuit. Failing to file within this timeframe can result in losing the right to seek compensation. Additionally, evidence can become more difficult to obtain as time passes. Witnesses’ memories may fade, and critical documents may be lost or destroyed.

Engaging an attorney as soon as possible after an accident means that the investigation can begin promptly, preserving essential evidence and protecting the victim’s legal rights. Early legal intervention also allows for timely communication with insurance companies and other involved parties, which can expedite the settlement process.

Emotional and Psychological Impact

Beyond the physical injuries and financial losses, car accidents involving commercial vehicles can have profound emotional and psychological effects on victims. The trauma of the accident, coupled with the stress of dealing with medical treatments, legal proceedings, and financial uncertainties, can take a significant toll on mental health.

Victims may experience anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological conditions that require professional treatment. It is important for victims to seek support for these issues and for their legal representation to consider these impacts when pursuing compensation. Emotional and psychological damages are legitimate components of a personal injury claim and should be addressed thoroughly.

Building a Strong Support System

Recovering from a commercial vehicle accident is a long and challenging process. Building a strong support system is essential for victims to navigate this journey. This support system includes medical professionals, mental health counselors, family, friends, and legal representatives.

Medical professionals provide the necessary care and treatment to heal physical injuries, while mental health counselors address the psychological impact of the accident. Family and friends offer emotional support and practical assistance in daily activities and decision-making.

Legal representatives play a crucial role in alleviating the burden of dealing with legal complexities and insurance negotiations. By handling the legal aspects of the case, they allow victims to focus on their recovery and well-being.

Moving Forward After a Commercial Vehicle Accident

While the aftermath of a commercial vehicle accident can be overwhelming, it is important for victims to know that they do not have to face it alone. With the right medical care, emotional support, and legal representation, they can navigate the complex process of seeking compensation and moving forward with their lives.

Understanding the unique challenges posed by commercial vehicle accidents is the first step in overcoming them. By prioritizing health and safety, conducting thorough investigations, and securing experienced legal representation, victims can build a strong case and pursue the justice and compensation they deserve.

Serrano Law is committed to supporting victims of commercial vehicle accidents through every step of this process. With a deep understanding of the legal landscape and a dedication to client advocacy, we strive to achieve the best possible outcomes for our clients. If you or a loved one has been involved in a commercial vehicle accident, reach out to us for a consultation to discuss your case and explore your options.