What to Do If You're Struck by a Commercial Vehicle?

Woman in the street waiting for bus

Being involved in a commercial vehicle accident, such as a truck or a delivery van, is significantly different from a typical car accident. The size and weight of commercial vehicles mean that the damage and injuries can be more severe, and the legal landscape more complex. 

 

This blog post, brought to you by Castan, Lecca & Boeschen, outlines the critical differences, common injuries and damages caused by Commercial vehicle accidents, and the legal options available in Georgia to seek liability and compensation.


How Commercial Vehicle Accidents Differ from Car Accidents

Commercial vehicles parked

The primary distinction in accidents involving commercial vehicles lies in the size and operational nature of these vehicles. Commercial vehicles are typically heavier and larger, which not only causes more significant impact but also results in more severe injuries and damage. Additionally, commercial drivers often spend long hours on the road, which can lead to fatigue and other driving impairments.

 

Another major difference is the regulatory environment. Commercial vehicles are subject to federal and state regulations that don’t apply to private drivers. These regulations cover vehicle maintenance, hours of service, driver qualifications, and more. Violations of these regulations can contribute to accidents and affect liability and compensation.

 

Types of Injuries and Damages

 

Victims of commercial vehicle accidents may suffer from a range of severe injuries, including but not limited to:

 

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries and paralysis
  • Broken or fractured bones
  • Internal injuries
  • Emotional trauma such as PTSD

 

The damages in these accidents are not limited to physical injuries. Victims often face substantial financial burdens due to medical expenses, loss of income, property damage, and long-term rehabilitation costs.

 

Damages can be so severe that even the National Highway Traffic Safety Administration (NHTSA) promotes safe behavior around everything related to driving so everyone benefits from safer roads.


Legal Recourse and Compensation Options

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Victims of commercial vehicle accidents have several legal avenues to seek liability and compensation. At Castan, Lecca & Boeschen emphasize the importance of understanding these options:

 

  • Filing a Claim: The first step typically involves filing a claim with the liable party’s insurance company. Given the complexities involved with commercial vehicles, determining liability can be intricate, as it may involve the driver, the company owning the vehicle, or even third-party contractors.
  • Negotiating a Settlement: Most accident claims are settled out of court. Settlement involves negotiating a compensation amount with the insurer or the legal representatives of the liable party. Professional legal counsel from firms like Castan, Lecca & Boeschen can play a crucial role in ensuring that the settlement covers all potential current and future expenses related to the accident.
  • Going to Court: If a satisfactory settlement cannot be reached, the case may go to court. Litigation can be lengthy and complex, particularly in commercial accidents, where multiple parties and legal intricacies are involved.

 

Most importantly, knowing that your rights deserve to be protected and respected is the most essential part of the vehicle accident procedure with legal action. Knowing your worth will allow you to act accordingly, never allowing insurance companies or third parties to lowball you with mediocre settlement offers.

 

Tips and Guidance After the Accident

 

Following an accident with a commercial vehicle, take these steps to protect your rights and strengthen your case:

 

  • Report the Incident: Immediately call the police to report the accident. A police report is vital documentation for insurance and legal processes.
  • Collect Evidence: Gather as much information as possible at the scene. This includes photos of the accident, contact information from witnesses, and details from the commercial vehicle driver and their company.
  • Seek Medical Attention: Even if you feel fine, consult a healthcare professional to assess any injuries. Medical records will be crucial for your claim.
  • Contact a Commercial vehicle accident Lawyer: Early legal guidance is crucial. Contact a reputable law firm like Castan, Lecca & Boeschen to discuss your case. They can guide you through the legal maze and help safeguard your rights.

 

If you or someone you know has been involved in an accident with a commercial vehicle, it’s crucial to act swiftly and informedly. Contact Castan, Lecca & Boeschen for expert legal advice and representation. Our experienced team is ready to help you navigate through this challenging time and ensure you receive the liability and compensation you deserve. 

 

Reach out today for a free consultation, and remember that our team has exceptional Commercial vehicle accident lawyers, ready to provide superior results!

 

678-825-3611

(864)761-4141

Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.