Virginia Truck Accident Attorney

What Are the Recoverable Damages in a Virginia Truck Accident Case?

When you pursue a case based on truck accident injuries in Virginia, the money you may qualify to recover will depend on the severity of your injuries, the medical care you require, and other factors.

Your Virginia personal injury attorney will document your damages and pursue a payout based on the evidence available in the case. This could allow you to recover compensation for expenses and losses, such as:

• Medical Care: Ambulance transportation, hospitalization, treatment, therapies, rehabilitation, and future care costs
• Income: Missed paychecks, other income, and reduced earning capacity for new disabilities
• Property Damage: Car repairs or replacement, and the replacement of other damaged personal property
• Out-of-Pocket Costs: Home renovations, parking at the hospital, transportation to see specialists, and other related costs with receipts
• Non-Economic Damages: Physical pain and suffering, emotional trauma and distress, reduced quality of life, scarring, and disability

What If My Loved One Passed Away in a Virginia Truck Accident?

When the victim of a Virginia truck accident passes away, their loved ones may qualify to recover damages through a wrongful death action. A Virginia truck accident lawyer pursues compensation in these cases, recovering damages that include:

• Medical expenses for the victim’s injuries
• Funeral and burial expenses
• Loss of financial support, including income and benefits
• Loss of companionship, guidance, care, and comfort
• Loss of services
• Sorrow and mental anguish

Our Team Works With Trusted Law Firm Partners to Handle Your Virginia Truck Accident Case

Over the last 20+ years, the Goldwater Law Firm has earned a reputation for helping injured people get results. We are an award-winning firm with a widely known name. We work closely with law firm partners across the United States to serve the wrongfully injured in all 50 states.

We understand that you want someone on your side who will fight for you and help you recover the money you might qualify to receive. That someone is our trusted co-counsel near you. Not only can they represent your best interests and fight for fair compensation, but they also have access to our extensive network of experts and specialists who can support your case and financial recovery.

All our co-counsels represent injured truck accident victims based on contingency. They do not ask you to pay a retainer or calculate how much you owe in hourly fees. They receive a portion of the money they recover for you and never ask you to pay before they win your case.

A Commercial Truck Accident Attorney Will Determine What Caused Your Virginia Crash

Virginia truck accident lawyers see a lot of collision cases and know the common ways accidents occur. To win a case and recover money based on a crash, they must have evidence to show what happened and why. Accidents can occur because of careless drivers, mechanical concerns, cargo shifting, or other negligence. Some common ways accidents happen include:

Driver Error

• Truck drivers often work long hours despite federal regulations, leading to drowsy driving
• Distracted driving, including the use of cell phones, eating, or adjusting GPS while driving
• Exceeding speed limits or driving too fast for road conditions
• Alcohol, drugs, or prescription medications that affect judgment and reaction time
• Tailgating, unsafe lane changes, road rage, and other aggressive driving behaviors
• Lack of training and experience with the route, truck, or cargo

Mechanical Failure

• Worn or improperly maintained brakes
• Underinflated or defective tires
• Issues with the steering system
• Improperly secured trailers

Cargo Shifting

• Exceeding weight limits, which increases the stopping distance and risks rollovers
• Improperly distributed cargo can make trucks challenging to control
• Hazardous materials spills that can cause fires, explosions, or toxic exposure

Third-Party Negligence

• Other drivers who violate traffic laws
• Negligent maintenance or repairs
• Faulty brakes, tires, or other critical components

Any of these factors can cause a collision on their own or work collectively to cause a crash and injuries. When several of these factors are at play, it can make it difficult to determine liability for a truck accident.

A Virginia truck accident attorney from one of our co-counsels can investigate your crash to determine what happened and who is responsible. Often, like most car accidents, tractor-trailer collisions often come down to driver error. A commercial truck driver may cause an accident by:

• Failing to check blind spots before moving over or turning
• Failing to yield the right-of-way when turning
• Failing to obey traffic signs or signals
• Failing to obey other traffic laws

Liability in Virginia Truck Accidents

Most truck accident cases hold a company, not just an individual driver, liable for the injuries suffered. This is most commonly:

• The Trucking Company: They may fail to ensure drivers have proper training, fail to enforce safe and legal schedules, or neglect maintenance. In many cases, they are also vicariously liable for their drivers’ negligence behind the wheel.
• Truck Manufacturer or Parts Manufacturer: They may be liable if defective truck parts caused the collision.
• Maintenance or Repair Provider: They could be liable or share liability if the issue resulted from poor maintenance or a botched repair.

Under the legal doctrine of respondeat superior, Virginia law allows victims to hold the trucking company responsible for the driver’s negligence. When the driver makes a mistake behind the wheel, their employer is typically also at fault. Our law firm partners often file a claim based on the company’s liability insurance and pursue a payout from the corporation instead of the individual driver.

A Virginia 18-Wheeler Truck Accident Lawyer Will Support Your Medical Needs

Truck accident victims often endure serious or catastrophic, life-altering injuries. They could require extensive hospitalization, rehabilitation, and long-term lifestyle adjustments because of new disabilities. Possible injuries could include:

• Traumatic brain injuries (TBI), including cognitive impairments, memory loss, and personality changes
• Spinal cord injuries, which could cause paraplegia, quadriplegia, or other loss of motor function
• Loss of limbs due to trauma, severe crush injuries, or other injuries
• Severe burns from fires, explosions, or hazardous materials

Some truck accidents cause lasting physical, emotional, and financial concerns. When this occurs, extended inpatient treatment and rehabilitation are common.

According to the Virginia Department of Health, the state has six Level I trauma centers. These facilities provide the top level of care available for traumatic injuries. They are well-equipped to deal with most types of truck collision injuries, with trauma surgeons available around the clock to provide care. They include:

• VCU Medical Center (Richmond)
• Carilion Roanoke Memorial Hospital (Roanoke)
• HCA Chippenham Hospital (Richmond)
• Inova Fairfax Hospital (Falls Church)
• Sentara Norfolk General Hospital (Norfolk)
• University of Virginia Medical Center (Charlottesville)

Depending on where the truck accident occurs, seriously injured victims may be taken to one of these facilities by ambulance, airlifted by a medevac helicopter, or taken to a closer facility for stabilization before being transferred.

What Evidence Does a Virginia Truck Accident Lawyer Use to Support a Claim?

Trucking company liability complicates the investigation into a commercial vehicle crash. This is because the company holds a lot of the key evidence to prove what happened and who is responsible after the collision. Federal and state regulations require them to closely monitor their drivers and activities, creating several logs and a lot of data.

However, when the trucking company is the liable party, sharing this evidence may not be in the company’s best interest. A truck collision lawyer from our co-counsels will take action to ensure the company preserves any potential evidence.

Some types of evidence that might be used to show negligence and liability in a truck accident case include:

• The driver’s logbook and hours of service records
• Electronic Logging Device (ELD) data
• Vehicle maintenance records
• Event data recorder “black box” data
• Dashcam footage, if available
• Surveillance of traffic camera video of the crash
• Eyewitness statements
• Police reports filed by responding officers
• Driver background, training, and employment records
• Company training and safety policies
• Cargo weight and loading documentation
• Accident reconstruction
• Expert witness testimony
• Documentation of damages

What Is the Deadline for Filing a Virginia Truck Accident Lawsuit?

Per Virginia Code § 8.01-243, truck injury victims must file a lawsuit based on personal injuries within two years of the crash date. The time limit for wrongful death actions is two years from the date of death.

However, these cases often settle without needing to resort to litigation. Acting quickly after an accident could allow you to preserve key evidence, protect your rights, and recover money through a negotiated settlement in advance of these deadlines.