A severe truck accident can leave you with painful injuries and financial strain, especially when a negligent driver is responsible. Your Fishersville truck accident lawyer from MartinWren, P.C. is prepared to fight for the compensation you need.
We have years of experience advocating for injury victims, and we have Virginia’s first and only attorney who is board certified in Truck Accident Law. With 24/7 availability when you need us most, your Fishersville personal injury lawyer is ready to help you take action today.
Common Causes of Truck Accidents in Fishersville
Truck accidents in Fishersville often happen due to heavy highway traffic, driver negligence, and mechanical failures. The size and weight of commercial trucks make even minor errors dangerous, increasing the risk of catastrophic crashes.
Your Fishersville truck accident attorney with MartinWren, P.C. has seen how these accidents leave victims with severe injuries and costly medical bills.
Driver Fatigue and Hours of Service Violations
Long-haul truck drivers spend long hours on the road, often pushing past legal driving limits to meet strict deadlines. Fatigue slows reaction times, reduces focus, and increases the likelihood of falling asleep behind the wheel. A drowsy truck driver may drift into another lane, fail to brake in time, or lose control of their vehicle, putting everyone at risk.
Federal regulations limit the number of consecutive hours a truck driver can spend on the road, requiring rest breaks to prevent fatigue-related accidents.
However, some trucking companies encourage drivers to ignore these rules to meet delivery demands. When drivers violate these regulations, they put everyone on the road in danger and may be held liable for the accidents they cause.
Overloaded or Improperly Secured Cargo
Truck weight limits are in place for a reason, but some companies overload trailers to maximize profits. An overloaded truck is harder to stop, increases brake wear, and makes rollovers more likely. If a truck is too heavy for the roadway or its tires cannot handle the load, the risk of a serious crash increases significantly.
Improperly secured cargo creates another serious hazard. If cargo is not tied down correctly, it can cause the truck to jackknife. Loose cargo can also spill onto the roadway, creating dangerous obstacles for other drivers.
Mechanical Failures and Poor Truck Maintenance
A well-maintained truck is critical for safety, but some companies neglect regular inspections and repairs. Brake failures, worn-out tires, and steering malfunctions make it harder for truck drivers to control their vehicles. A single mechanical failure can lead to a devastating crash, especially at highway speeds.
Trucking companies are responsible for maintaining their fleets and ensuring that all vehicles meet safety standards. When they cut corners to save time or money, they put drivers and pedestrians at risk.
If a mechanical failure caused your accident, the trucking company, maintenance provider, or manufacturer may be liable for your injuries.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Virginia Trucking Laws that Affect Accident Claims
Virginia and the federal government have strict trucking laws that impact liability in accident cases. These regulations set safety standards for truck drivers, trucking companies, and cargo handlers to reduce the risk of collisions.
We may be able to use violations of these laws to strengthen your injury claim and hold the responsible parties accountable to the fullest extent of the law. Virginia laws that apply to truck accidents include:
- Commercial Driver’s License (CDL) Requirements – Per Virginia Code § 46.2-341.7, truck drivers must hold a valid CDL and meet specific training requirements. If a driver lacks proper certification, their employer may be liable for negligent hiring.
- Maximum Speed Limits for Trucks – Trucks weighing over 26,000 pounds must follow lower speed limits on certain highways according to Virginia Code § 46.2-870. Speeding violations can be used as evidence of negligence in an accident case.
- Handheld Device Restrictions – All motorists, including commercial truck drivers, are prohibited from using handheld mobile devices while driving under Virginia Code § 46.2-818.2. If a truck driver was texting or making a call before a crash, it could support a claim for distracted driving.
- Hours of Service Rules – Truck drivers must follow limits on driving hours to prevent fatigue-related accidents under 49 CFR 392.3. If a driver exceeds these limits, the trucking company may be responsible for unsafe scheduling practices.
- Commercial Vehicle Inspection Requirements – Trucks must undergo regular inspections to ensure they meet safety standards under Virginia Code § 46.2-1157. Failure to inspect or maintain a truck properly can lead to liability if mechanical failure causes an accident.
Violating these trucking regulations can be a key factor in proving liability after an accident. If a truck driver or company ignored safety rules, it could strengthen your claim for compensation.
Your Fishersville car accident lawyer will investigate to determine whether any of these violations contributed to your crash.
Liability and Compensation in a Fishersville Truck Accident Case
Multiple parties may be responsible for a truck accident, and identifying the right defendants is crucial. Liability depends on factors such as driver error, company negligence, and cargo loading practices.
A consultation with an automobile accident attorney can help determine who is at fault and what compensation you may be entitled to receive.
Liability in a truck accident case often extends beyond the driver. The trucking company may be responsible if it failed to enforce safety regulations, hired an unqualified driver, pressured drivers to exceed legal driving hours and violate hours of service rules, or neglected proper vehicle maintenance.
Cargo loaders and third-party contractors can also be held accountable if unsecured or improperly loaded freight contributed to the crash.
Fishersville Truck Accident Lawyer Near Me 434-817-3100
Damages Available in a Truck Accident Injury Claim
Victims of truck accidents often face significant financial burdens. Economic damages cover past and future medical expenses, lost wages, lost earning capacity, and the cost of repairing or replacing a damaged vehicle.
These damages are calculated based on hospital bills, pay stubs, and repair estimates to ensure you receive fair compensation.
Non-economic damages focus on the emotional and psychological toll of the accident. Pain and suffering, emotional distress, and inconvenience are common claims in serious truck accident cases. Compensation for these losses is determined by the severity of your injuries and how they impact your daily life.
Your Truck Accident Lawyer in Fishersville is Ready to Fight for You
Your board certified truck accident attorney in Fishersville with MartinWren, P.C. is committed to holding negligent trucking companies and drivers accountable for the harm they cause.
If you are ready to pursue the financial recovery you deserve, we are available to discuss your case at any time. Fill out our online contact form or call our office now to set up your free consultation.
Call 434-817-3100 or complete a Case Evaluation form
