Accidents involving commercial vehicles can be particularly complex, given the interplay of state and federal laws, multiple parties, and specialized insurance considerations. In Delaware, navigating the aftermath of such an accident involves understanding the legal framework, identifying responsible parties, and pursuing appropriate compensation.

Understanding Commercial Vehicle Accidents

What Constitutes a Commercial Vehicle?

Commercial vehicles encompass a broad range of transportation, including trucks, vans, buses, and even certain cars used for business purposes. These vehicles are generally defined by their use in transporting goods or passengers for profit. Understanding whether a vehicle qualifies as commercial is crucial because different laws and insurance requirements apply compared to non-commercial vehicles.

Common Causes of Commercial Vehicle Accidents

Several factors contribute to commercial vehicle accidents, including driver fatigue, improper maintenance, overloaded vehicles, and negligence. Accidents can result from human error, mechanical failures, or environmental conditions. Identifying the cause is essential for determining liability and pursuing claims.

Severity and Impact

Accidents involving commercial vehicles often result in severe injuries or significant property damage due to the size and weight of these vehicles. Victims may face long-term medical issues, financial burdens, and emotional distress, underscoring the importance of securing fair compensation.

Legal Framework in Delaware

Delaware Traffic Laws and Regulations

Delaware has specific traffic laws that govern the operation of commercial vehicles. These include regulations on maximum allowable weight, speed limits, and required rest periods for drivers. Understanding these laws can help determine if a violation contributed to the accident.

Liability Considerations

Liability in commercial vehicle accidents can be difficult to determine because it involves several parties, including the driver, the vehicle’s owner, the employer, and sometimes even outside maintenance providers. To determine culpability and prosecute claims, legal concepts like vicarious liability and negligence must be considered.

Steps to Take Following a Commercial Vehicle Accident

Ensure Safety and Seek Medical Attention

The first action to take after an accident is to ensure the safety of all parties involved. Call emergency services, provide first aid if necessary, and seek medical attention even if injuries seem minor. Documenting medical visits is crucial for future claims.

Report the Accident

Report the accident to local law enforcement and ensure an official report is filed. This document will be essential in the claims process, providing a detailed account of the incident and any initial findings on fault.

Gather Evidence

Collect as much evidence as possible from the scene, which can include photographs of the vehicles, road conditions, and any visible injuries. Get contact information from witnesses and record any statements they may offer.

Notify Your Insurance Company

Tell your insurance company about the accident promptly. Provide them with all necessary information and cooperate fully during their investigation. Understanding your policy’s coverage limits and exclusions will help manage expectations for compensation.

Filing a Claim

Identifying Responsible Parties

The first step in filing a claim is identifying all potentially responsible parties, which may include the commercial driver, the vehicle owner, the employer, and any third parties involved in vehicle maintenance. Each party’s insurance may be liable for different aspects of the damages incurred.

Understanding Insurance Policies

Commercial vehicle insurance policies often have higher coverage limits than personal auto insurance due to the potential for significant damage and liability. Familiarize yourself with the relevant policies, including any applicable state or federal coverage requirements.

Types of Claims

Victims can pursue several types of claims, including:

Property Damage Claims

The purpose of property damage claims is to pay for the replacement or repair of your car and any other damaged items.

Personal Injury Claims

Personal injury claims help compensate for medical expenses, lost wages, and pain and suffering.

Wrongful Death Claims

If the accident claimed a life, surviving family members pursue wrongful death lawsuits to get compensation for lost wages and grief.

Calculating Damages

Accurately calculating damages is critical to ensuring fair compensation, which involves assessing immediate costs, such as medical bills and vehicle repairs, as well as long-term impacts, like ongoing medical care, lost earning potential, and emotional suffering.

Settlement vs. Litigation

Most claims are settled out of court through negotiations with the responsible parties and their insurers. However, if a fair settlement cannot be reached, litigation may be necessary. Hiring an experienced attorney can significantly influence the outcome of your case, ensuring your rights are protected throughout the process.

Working with Legal Professionals

Choosing the Right Attorney

It is crucial to select an attorney with experience in commercial vehicle accidents. Look for professionals with a track record of successful claims, knowledge of state and federal regulations, and a commitment to client advocacy.

Legal Fees and Costs

Quite a few personal injury lawyers take cases on a contingency fee basis, which means they only get paid if you win your case. To avoid any surprises and to make sure you are aware of any additional expenses that might occur during the legal procedure, discuss fee structures upfront.

Seek Legal Guidance

Navigating the claims process for accidents involving commercial vehicles in Delaware requires a thorough understanding of the legal landscape, diligent evidence gathering, and strategic negotiation. While the process can be daunting, securing appropriate compensation is essential for recovering from the physical, emotional, and financial impacts of such accidents. By following the steps outlined in this guide and working with experienced legal professionals, victims can effectively pursue their claims and achieve a fair resolution.

Call Schwartz & Schwartz, Attorneys At Law, P.A. today at 855-847-8437 to schedule a free case evaluation.