Commercial Vehicle Accidents

You are traveling down the highway when traffic comes to a quick stop. Unfortunately for you, there is a delivery truck behind you traveling at 85 mph, navigating his GPS system, and recklessly weaving in and out of lanes of traffic to get to his destination by a scheduled time. When you stop for traffic, the delivery truck behind you fails to stop; crushing you in a rear-end collision. The delivery truck is a commercial vehicle. Commercial vehicles include a variety of vehicles used for businesses or the transportation of goods and/or paying passengers.

According to the Federal Motor Carrier Safety Administration (FMCSA), a commercial motor vehicle is a vehicle that:

• Has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
• Is designed or used to transport more than 8 passengers (including the driver) for compensation;
• Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation;
• Is used to transport hazardous materials in a quantity that requires placarding under federal regulations.

Some examples of commercial vehicles include:

• School buses
• Big rigs
• Semi-Trucks
• Delivery trucks
• Moving vans
• Food trucks
• Garbage trucks
• Construction vehicles
• Limousines
• Airport shuttles
• Tow trucks
• Farming Equipment

Companies typically use commercial vehicles to operate their businesses. Commercial vehicles are required to have higher insurance policy limits because a truck this size could potentially inflict catastrophic damages. 

Common Causes of commercial vehicle accidents

The most common causes of commercial vehicle accidents are:

Brake problems: Brake failures are a leading cause of commercial vehicle accidents, especially rear-end collisions. In this particular case, the driver and the company can be liable if they failed to keep the vehicle in good operating order.

Speed: One would think that commercial vehicle drivers would be more mindful of their speed, especially considering their vehicle’s size. But unfortunately, too many drivers still engage in reckless driving and frequently misjudge situations and car distances. Driving too fast when it's raining or snowing, or braking at the last minute are other examples of instances where speed can cause fatal accidents.

Inattention: Whether it is due to external distractions or personal activities such as texting, talking on the phone, eating, looking down at their navigation system, or playing with the radio, one second of inattention can lead to a severe crash.

Fatigue: Driving a commercial vehicle often includes several hours on the road. Without appropriate rest or break times, a driver’s capacity to focus on the road can be reduced, thus increasing their risk of a collision.

Unfamiliarity with the roadway: This is a situation that is relatively common as no driver knows every single route. To prevent accidents caused by roadway unfamiliarity, truck drivers must have the proper training to prepare them for such instances.

Inadequate surveillance: Caution and attention must be used at all times when driving any type of vehicle. Inadequate surveillance is the failure to look around your surroundings prior to completing a maneuver or looking around your surroundings but failure to see obstacles.  For commercial vehicles, in particular, the lack of oversight can cause various property and personal injury damages.

Who is Responsible?

Trucking companies hire sophisticated lawyers to protect their bottom line and will work hard to ensure your claim is minimized or denied. 

Although the driver of the commercial vehicle can control many aspects of their driving, they may not be able to control the equipment and/or vehicle. This is why it is important that commercial vehicles are in safe working order and a detailed maintenance schedule is kept and up-to-date. When considering liability in commercial vehicle accidents, any one of the following may be held responsible:

The Commercial Vehicle Driver - if the driver is breaking traffic laws, driving under the influence of drugs or alcohol or acting in a reckless way to cause the crash, or failing to inspect the commercial vehicle, they will be liable.

The Driver’s Employer - if the employer failed to complete inspections, didn’t follow safety regulations, failed to provide proper specialized training to their employee and/or required the driver to operate longer than hours-of-service laws, they will also be responsible.

The Company that Owns or Leases the Vehicle - since the commercial vehicle is property owned or leased by another company they are responsible to ensure it is in perfect working order, maintain all the schedules of repairs and documentation of standards and inspections the vehicle has met. 

The Person/Company Responsible for the Maintenance  - commercial vehicles are held to a higher standard with regard to emissions standards, routing regulations, maintenance requirements and annual inspections to ensure that they are operating safely on the road. If these maintenance schedules are not retained nor current they can be held liable.

The Vehicle’s Manufacturer or Manufacturer of Certain Vehicle Parts - defects in the vehicle or its parts may cause the accident, therefore the manufacturer may be responsible for the faulty parts and the damage it caused. Typical manufacturer defects, include, tire blowout, brake failure and/or mechanical failure.

Common Injuries from commercial vehicle accidents

Injuries caused by commercial vehicle accidents can range from mild to catastrophic. Some of the most common ones are:

• Back and neck injuries 
• Broken bones
• Head injuries and trauma
• Internal injuries
• Leg injuries
• Laceration and seat belt injuries
• Wrongful death

What can a lawyer do for you?

With Colorado being an at-fault state, meaning the responsible party is financially accountable for the damages, having a professional personal injury lawyer by your side will ensure that all your current and future injuries, damages, and losses are taken into consideration for reparation and compensation.

At Lapham Law, our team of expert and knowledgeable Denver commercial vehicle accident lawyers will provide you with all the legal assistance you need to win your case and get compensation for your loss and injuries. With us on your team, all you will have to worry about is getting better; our priority is to ensure care for all your property and personal injury damages.

As Colorado’s Best Commercial vehicle accident attorneys, we have, for many years, been helping people just like you deal with the challenges associated with a commercial vehicle accident. It can be difficult to determine the extent of your injuries in a case like this and even more difficult to determine who all may be at fault for a commercial vehicle accident. Holding those responsible in commercial vehicle accident cases will be our focus, while you focus on your healing.

Contact our office as soon as possible following an accident at 303.815.1587 or  request a free consultation with an experienced commercial vehicle accident attorney in Colorado. We handle all cases on a contingency fee basis, which means that you owe us nothing until we recover money for your case.