If I’m Partially at Fault in a Truck Accident, Can I Win a Lawsuit?

November 11, 2018 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

Truck Accident Lawyer Fredericksburg, VA

If you were involved in an accident with a large commercial truck and lived to be able to read this, you were very fortunate. Fatality statistics are high when there is a serious accident between a truck and a car, greatly in part because of their size and the weight of their load. The state laws and regulations are very different for truck drivers, owners of the company and manufacturers. That is why it is important to contact an attorney with experience in cases concerning truck injuries. Personal injury lawyers are knowledgeable with the legalities involved in truck accidents and can work with you to determine who was at fault in your accident and who to file a claim against to get compensation for your injuries

Here are some commonly asked questions concerning truck accident and what you can expect when filing a lawsuit.

If the accident was partially my fault, is it still possible to win a claim against the truck driver?

It all depends on the circumstances surrounding the accident. To what extent were you responsible? There is a legal term called ‘comparative negligence’ that states that the law will look at the fault of both the truck driver and your own to determine how much liability each has to shoulder for the accident. That percentage is that applied to the amount of damages paid to you from the truck driver or other guilty party. For example, it was determined that the accident was over fifty percent your fault, that you would not be able to recover any damages. Conversely, if you found to be 25 percent at fault, you could possibly recover 75 percent of the damages you are requesting from the truck driver.

What defines a ‘commercial’ truck?

Commercial trucks are typically bigger than your average pickup and the drivers must have a commercial driver’s license to operate the trucks. Examples of trucks include concrete trucks, large delivery semis, eighteen-wheeler tracker trucks, large flatbed trucks, and tankers.

Common Causes for Truck/Car Accidents

Truck driver/owner or manufacturer causes:

  • Inexperienced or under-trained truck drivers
  • The truck driver uses excessive speed or otherwise violates traffic laws
  • The truck driver is on the road beyond allowable time limits
  • Uneven loads that shift and become dangerous
  • Manufacturer malfunctions

Situations Where the Driver May Have Contributed to Accident

  • Driving where the truck drivers cannot see you — too close behind or in the other lane in their ‘blind spot’
  • Passing a truck on the right when they are attempting a wide right turn
  • Merging on an interstate in front of a truck when you have misjudged how fast the truck was driving, causing the truck to brake sharply and possibly lose control of their rig

It is always best to err on the side of caution when driving on the highway with large trucks. A truck/car accident seldom ends well. If you or your loved one are involved in a truck accident and you want to discuss options available to help collect damages caused as a result of the accident, contact a truck accident lawyer Fredericksburg, VA relies on at MartinWren, P.C.  today. The complexity of the regulations and state laws can be overwhelming without the help of experienced truck attorneys.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.


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