Truck accidents can result in severe injuries, extensive property damage, and significant financial burdens for those involved. In Williamsburg and the surrounding areas, truck accident cases can involve multiple parties, including drivers, trucking companies, and insurance providers, making the legal process complicated to navigate.
Whether you are dealing with injuries, loss of income, or overwhelming medical bills, it is important to understand your legal rights. The attorneys at Anchor Legal Group, PLLC are experienced in handling truck accident cases and help clients pursue fair compensation for their injuries and losses.
What Are the Common Causes of Truck Accidents?
Truck accidents can be caused by a wide range of factors, many of which involve human error or mechanical failure. Common causes include:
- Speeding
- Distracted driving
- Fatigue
- Driving under the influence of drugs or alcohol
- Failure to properly secure cargo
- Violation of federal hours-of-service regulations
- Mechanical issues, such as brake failure or tire blowouts
- Inadequate maintenance or defects in the truck’s components, which may lead to liability for the trucking company or manufacturer
Investigating the cause of a truck accident is a critical step in determining liability and building a compelling case for compensation.
Who Can Be Held Liable in a Truck Accident?
These cases can involve multiple parties, each of whom may share responsibility for the crash. Truck drivers are often the first party considered, especially if they violate traffic laws or drive recklessly. However, liability can extend beyond the driver.
The trucking company may be held liable if they failed to properly maintain the vehicle, did not provide adequate training to the driver, or allowed unsafe driving practices, such as requiring excessive hours behind the wheel. In some cases, the company that loaded the truck could be responsible if improperly secured cargo contributed to the accident. Finally, the manufacturer of the truck or its parts could be liable if a mechanical failure, such as faulty brakes, caused the accident.
Our Williamsburg truck accident lawyers can investigate the circumstances of your case to determine who may be responsible for the collision.
What Types of Compensation Can I Receive After a Truck Accident?
In a truck accident case, you may be entitled to several types of compensation, depending on the specifics of the accident and the extent of your injuries:
- Compensation can include medical expenses, such as hospital bills, surgery costs, rehabilitation, and ongoing medical care.
- You may also be able to recover lost wages if your injuries prevent you from working during your recovery.
- In addition to economic damages, you may be entitled to compensation for non-economic losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
If the truck driver or trucking company acted particularly recklessly, punitive damages may also be available. These are intended to punish wrongful behavior and discourage similar actions in the future.
How Long Do I Have to File a Truck Accident Claim in Virginia?
Virginia’s statute of limitations for filing a personal injury claim, including those resulting from truck accidents, is generally two years from the accident date. If you fail to file your claim within this time frame, you may lose your right to seek compensation. The statute of limitations is strictly enforced, so it is important to act promptly if considering legal action.
However, certain circumstances can affect the statute of limitations. For example, if the accident resulted in the death of a loved one, a wrongful death claim must be filed within two years of the date of their passing. Our team can explain the deadlines that apply to your case and prevent delays in the legal process.
What Evidence Is Needed to Prove Liability in a Truck Accident Case?
To prove liability in a truck accident case, you will need convincing evidence that shows how the accident occurred and who was responsible:
- Police report that documents the details of the accident.
- Witness statements providing accounts of the incident.
- Photographs of the accident scene.
- Any available video footage, such as traffic camera recordings.
- Data from the truck’s “black box,” including speed, braking patterns, and other driving behaviors at the time of the crash.
- Maintenance records that show the truck’s condition.
- Driver logs detailing hours worked and rest periods.
- Inspection reports that indicate whether the truck was properly maintained.
Our Williamsburg truck accident lawyers can work with accident reconstruction experts, investigators, and other professionals to gather the necessary evidence to build a persuasive case on your behalf.
What Is the Difference Between a Truck Accident and a Car Accident?
Although truck and car accidents share some similarities, key differences make truck accident cases more challenging. The most obvious difference is the size and weight of commercial trucks compared to passenger vehicles. Those factors can result in more severe injuries and greater property damage.
As mentioned, truck accident cases often involve multiple liable parties, whereas car accidents usually focus on the actions of individual drivers. Federal regulations also govern the trucking industry, such as hours-of-service limits, vehicle maintenance requirements, and restrictions on cargo weight. These regulations can affect liability in a truck accident case and must be carefully reviewed when determining fault.
How Is a Truck Accident Case Resolved?
Truck accident cases can be resolved through settlement negotiations or litigation in court. In many cases, the parties involved may be able to reach a settlement without going to trial, which can save time and reduce the costs associated with a court case. However, settlements must still fairly compensate the injured party for their losses. It is important to consult with an attorney before accepting a settlement offer, as insurance companies often attempt to minimize payouts.
If a settlement cannot be reached, the case may go to trial. During the trial, both sides present evidence, and a judge or jury determines liability and the amount of compensation that may be owed to the injured party.
The Williamsburg Truck Accident Lawyers at Anchor Legal Group, PLLC Can Explain Your Legal Options After a Truck Crash
If you have been injured in a truck accident, seeking legal representation from an attorney with experience handling these types of cases is important. The Williamsburg truck accident lawyers at Anchor Legal Group, PLLC help clients pursue the compensation they deserve. Call 757-LAW-0000 or contact us online to schedule a free consultation. Located in Virginia Beach, we serve clients in Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and Eastern Shore, Virginia.
