In order to file a personal injury claim, you need to prove that the accident was caused by some type of negligence, on the part of the truck driver, the company he works for, the manufacturer of the vehicle or those responsible for the cargo.
How dangerous are large truck accidents in Virginia? Truck accidents account for only 10% of all crashes, but they are more likely to cause severe injuries and deaths than regular car crashes. Those who suffer the most are occupants in the passenger cars involved. According to 2019 figures, only 12 truck drivers were killed in crashes on Virginia roads, whereas the number of fatalities among car occupants was 339. Thousands of car occupants were left with serious, sometimes life-changing injuries.
If you or a loved one have been recently involved in such a crash, you need to contact the best truck accident lawyers in Virginia and talk about the damages you are entitled to. Nothing can bring back the people that lost their lives, but their families should at least be spared the financial worries caused by the loss of income, while those still recovering from their injuries should not have to lose sleep over their mounting medical bills.
How do you recover damages from a truck accident?
In order to file a personal injury claim, you need to prove that the accident was caused by some type of negligence, on the part of the truck driver, the company he works for, the manufacturer of the vehicle or those responsible for the cargo. You’ll need an experienced Virginia Beach truck accident lawyer for that, as they will have to conduct their own investigation and look at other factors that probably aren’t mentioned in the police report.
According to a report by the Federal Motor Carrier Safety Administration (FMCSA), more than half of all accidents involving large trucks are caused by reckless or distracted truck drivers. If the driver was busy texting instead of paying attention to the road, they can be accused of negligence and you can file a claim against their insurance.
However, a significant number of truck accidents, 12%, are caused by driver fatigue, medical problems and other types of physical impairment. Skilled truck accident lawyers will certainly want to know if the driver in your case seemed exceedingly tired. They will request data retrieved from the electronic logging device (ELD) on the vehicle to see whether the driver was in compliance with hours of service regulations. If the driver was under pressure to deliver the cargo faster and had been driving through the night, you may have a case against the trucking company.
On the other hand, 10% of large truck accidents are caused by some type of vehicle failure. A blown-out tire or a brake system malfunction constitute grounds to file a claim against the trucking company as they have a duty to maintain to make sure their vehicles are roadworthy. Your accident lawyers will request documents on the company’s maintenance schedule to see when the truck was last inspected and what repairs it underwent, if any.
Once your lawyers determine exactly who is to blame, they will advise you on the best course to proceed with your damages claim. In most cases, a lawsuit won’t be necessary, because trucking companies prefer to settle out of court when presented with a compelling case.