White Plains Commercial Vehicle Accident Lawyers

Commercial vehicle accidents can be devastating, often resulting in severe injuries, extensive property damage, and complex legal battles. Unlike regular car accidents, commercial vehicle crashes involve employer liability, insurance complexities, and potential federal regulations. If you’ve been in a crash involving a work truck, delivery van, semi-truck, or any fleet vehicle, it’s crucial to understand your rights and the legal steps to protect yourself.

This guide walks you through what to do after a commercial vehicle accident, how to determine liability, and how to seek compensation for your injuries and losses.

 

Immediate Steps to Take After a Commercial Vehicle Accident

Your actions immediately after an accident can impact your health, safety, and legal claim. Follow these steps to ensure you’re protected:

Step 1: Ensure Your Safety & Check for Injuries

• Move to a safe location if possible, away from traffic.
• Check yourself and others for injuries and call 911 for emergency assistance.
• If you’re severely injured, try to stay still and wait for medical help.

Step 2: Call the Police & Report the Accident

• Always call the police, even for minor accidents.
• The officer will file an accident report, which is crucial evidence for your claim.
• Request the police report number so you can obtain a copy later.

Step 3: Gather Evidence at the Scene
If you’re physically able, collect the following information:

• Driver & company details – Get the commercial driver’s name, employer, and insurance information.
• Vehicle & company details – Note the company name on the truck, DOT number, and license plate.
• Accident scene photos – Capture vehicle damage, skid marks, traffic signs, and road conditions.
  Witness statements – Ask nearby witnesses for their contact details and statements.

Step 4: Seek Medical Attention ASAP

• Some injuries (like whiplash or internal trauma) may not show symptoms immediately.
• Visit a doctor even if you feel fine, as medical records are essential for legal claims.

 

Determining Liability: Who is Responsible for a Commercial Truck Crash?

Commercial vehicle accidents are more complex than regular car crashes. Multiple parties may be liable, including:

The Commercial Driver

• Was the driver speeding, distracted, or driving under the influence?
• Did they violate federal trucking regulations (e.g., driving past legal hours)?

The Employer or Trucking Company

• Employer negligence may be a factor if they failed to properly train the driver or maintain the vehicle.
• Companies may be held liable for forcing drivers to work beyond legal driving limits.

Vehicle Manufacturers & Maintenance Companies

• If faulty brakes, tires, or mechanical defects caused the accident, the manufacturer or maintenance provider may be responsible.

Third Parties (Cargo Loaders, Contractors, etc.)

• Overloaded or improperly secured cargo can cause accidents, making third-party companies liable.

Government Entities (If Road Conditions Contributed)

• Poorly maintained roads, missing traffic signs, or hazardous construction zones could mean the city or state is responsible.

 

How to File an Insurance Claim After a Work Truck Accident

Since commercial vehicles are insured differently than private cars, filing a claim can be complicated. Here’s how the process typically works:

Report the Accident to the Insurance Companies

• Notify both your insurance and the commercial vehicle’s insurance provider.
• If the driver was working at the time, their employer’s commercial policy should cover damages.

Provide Necessary Documentation
To support your claim, you’ll need:

• Accident report from the police
• Medical records of your injuries
• Photos/videos of the accident scene
• Witness statements

Be Cautious When Speaking to Insurance Adjusters
Insurance companies may downplay your injuries or offer a low settlement.

• Avoid giving recorded statements without consulting a lawyer.

Consult a Truck Accident Lawyer

• An experienced attorney can negotiate with insurers and help you secure a fair settlement.

 

How Much Compensation Can You Get for a Commercial Truck Accident?

The amount of compensation depends on several factors:

Economic Damages (Tangible Losses)

• Medical bills (hospital visits, surgery, rehab)
• Lost wages (current and future income loss)
• Vehicle repair or replacement costs

Non-Economic Damages (Pain & Suffering)

• Physical pain and emotional distress
• Permanent disability or scarring
• Loss of enjoyment of life

Punitive Damages (If Employer Negligence Was Extreme)

• If the trucking company was grossly negligent (e.g., knowingly forcing tired drivers to work), they may owe extra damages.

 

How a Lawyer Can Help You Win Your Case

Navigating a commercial vehicle accident lawsuit can be overwhelming, but a lawyer can help by:

• Investigating liability – Identifying who is at fault (driver, employer, trucking company, or manufacturer
• Handling insurance negotiations – Ensuring you don’t settle for less than you deserve
• Filing a lawsuit if necessary – If insurance doesn’t offer fair compensation, your lawyer can take your case to court
• Proving negligence – Gathering police reports, black box data, and expert testimony

Don’t Wait Too Long! Most states have a time limit (statute of limitations) for filing a lawsuit.

 

Frequently Asked Questions About Commercial Truck Accidents

Can I Sue My Employer for a Work Truck Crash?
Yes, if employer negligence contributed to the accident, such as failing to maintain the vehicle or overworking drivers.

What Should I Do If a Delivery Truck Hits Me?
Follow the steps outlined above, document everything, and contact a lawyer before speaking to the insurance company.

Who Pays for My Medical Bills After a Company Vehicle Crash?

• The commercial vehicle’s insurance should cover damages.
• If the driver was at fault, their employer’s policy may apply.

How Long Does a Truck Accident Lawsuit Take?
Some cases settle in months, while others go to trial, which can take a year or more.

 

Contact Marvin A. Cooper, P.C. for Help With Your Truck Accident Case

If you’ve been injured in a commercial vehicle accident, don’t face the legal battle alone. Trucking companies and insurers often try to minimize payouts, making it essential to have a skilled lawyer on your side. Contact Marvin A. Cooper, P.C. Today