A Richmond truck accident lawyer may be able to help you recover the compensation you deserve from the collision you were involved in. Truck accidents are one of the most devastating types of vehicle accidents because they usually result in many victims or especially serious injuries. When you are a victim of a truck accident, you are more likely to suffer injuries like broken bones, head injuries, or leg injuries.
The size and weight of a truck make them almost impossible to control, and victims who are in their way are often not able to react in time to avoid them. Fortunately, there is help you can turn to if you are a truck accident victim.
If you have a reputable Richmond personal injury lawyer from MartinWren, P.C. on your side, you may improve your chance of obtaining fair compensation for your injuries.
Identifying the Liable Party After a Truck Accident
Assessing who is at fault in a truck accident can be a difficult thing to uncover, especially if you do not have assistance from a Richmond truck accident lawyer. When it comes to truck accidents specifically, there may be several parties who hold some degree of liability. Figuring out who to hold responsible for your injuries and losses can be challenging, but our team at MartinWren, P.C. can make it all that much easier.
Possible Liable Parties
Truck accidents may also result in criminal offenses. If this is the case, then proving fault in your case will be more simple. The potential liable parties in your case can include one or more of the following:
- The driver of the truck
- The trucking company
- The truck manufacturer
- The crew that loaded the truck
- A third-party driver
- Those responsible for truck maintenance
Driver Negligence
Initially, you may suspect that the truck driver is responsible for the crash. There is a possibility that while the trucker was speeding, failed to check their blind spot, or otherwise drove erratically, they may have also been pressured by the trucking company to meet an unrealistic deadline. Truckers are the ones who choose to speed; however, if they are influenced by the pressures of the job and are forced to violate state and federal safety regulations, then the trucking company may be listed in your lawsuit as well.
Irresponsible Trucking Companies
The trucking company may have failed to train their drivers, failed to keep a truck in proper working condition, pressured drivers to go against safety regulations, or some other way, increased the chances of an accident happening. If there is a flaw in the manufacturing of a truck part or design, the company that created and sold it may be partially liable.
Every trucking company must inspect the truck on a routine basis to keep it running smoothly, or they could be liable for a system breakdown that occurred moments before a disastrous wreck.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Richmond VA Truck Accident Infographic
Common Causes of Commercial Truck Accidents
Some truck accidents are caused by extreme weather conditions and poor road conditions, while many others are the result of driver error or negligence. Sometimes, truck drivers are so fatigued or sleepy due to their long hours that it impairs their judgment and ability to drive. Let’s take a look at some of the common types of truck accidents we see:
Poor Truck Maintenance
Trucking companies are responsible for maintaining all of their vehicles. If a truck is not maintained properly, it is more likely to break down on the road and cause an accident. Drivers and truck companies are responsible for doing regular, thorough maintenance inspections so that the trucks are always in top condition.
They must be in good shape before they ever hit the road. Even a small crack or loose part is enough to cause a major accident that can threaten the lives of many people. If your truck accident attorney in Richmond finds out during the discovery process that a trucking company failed to properly maintain a vehicle, the company could be held liable.
Distracted Driving
Truck drivers often have busy schedules, so some of them may try to multitask while on the road. All of their attention might be on getting to the next city or making enough progress on their journey. However, sending a text message or even eating something can cause a truck driver to lose focus and increase the risk of an accident.
Speeding
Truck drivers are expected to deliver their goods on time. To ensure the goods get delivered to their destinations by the deadline, some truck drivers may drive above the speed limit. Some drivers even occupy the fast lane and drive faster than they are supposed to.
This is a bad habit among many truck drivers. Unfortunately, this puts everyone else on the road at risk. They can cause an accident by pushing their vehicle too far.
Driver Fatigue
Truck drivers may drive thousands of miles every month, which can take its toll eventually. Lack of sleep can slow reaction time and skew one’s sense of judgment. That is why federal regulations under 49 CFR 395 limit the number of hours a truck driver can log every week.
Unfortunately, not all truck drivers follow these regulations and drive more hours than permitted. Research has shown that sleepiness can be just as dangerous as driving while intoxicated, according to The Sleep Foundation. Exhausted drivers are more likely to lose focus on the road and cause accidents.
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Common Injuries in a Truck Accident
If you were hurt in a truck accident, it is important to have a knowledgeable legal advocate on your side. You may be entitled to compensation. Here are the most common truck accident injuries:
Traumatic Brain Injury
Head injuries are one of the most severe and life-threatening injuries one can endure in a truck accident. They can occur from blows to the head and violent shaking of the head. Common symptoms of head injuries include dizziness, confusion, headaches, loss of memory, vision or hearing issues, nausea, and loss of consciousness.
Burns
Commercial trucks carry fuel and other hazardous chemicals. If a truck gets into a crash, these chemicals can leak out and become flammable. People involved in the accident may suffer severe burns as a result. Additionally, other spilled contents of a vehicle, like hot asphalt, can spill and cause significant burn injuries to people who were involved in the crash.
Broken Bones
In a truck accident, victims are also likely to suffer broken bones in various parts of their body, including the arms, legs, hips, and ribs. They are extremely painful and can take a long time to recover from. If a bone is broken in more than one place, surgery may be necessary.
Amputation
Amputations can also occur in a truck accident and involve the removal of any extremity, like an arm or leg. Sometimes, an amputation can result directly from a truck accident. Other times, however, a limb can sustain such damage in the accident that it must be surgically removed.
Spinal Cord Injuries
Truck accident victims can also suffer spinal cord injuries. These can cause loss of muscle function, incontinence, and even paralysis. If you suffer permanent paralysis from this injury, you may require assistance for the rest of your life.
Whiplash
People can also sustain this neck injury in commercial truck accidents. Common symptoms include neck pain, neck stiffness, dizziness, headaches, and shoulder pain. While whiplash might not seem as severe as other truck accident injuries, it’s nothing to make light of.
Internal Damage
The impact of a truck accident can also cause severe damage to your internal organs, like the liver, lungs, kidneys, and spleen. Symptoms of internal injuries are not always immediately apparent. That is why it is crucial to get prompt treatment and copies of your medical records.
Richmond Truck Accident Laws
Truck accidents are governed by a complex web of federal and state laws. In Virginia, these laws dictate how truck accident claims are handled, what constitutes liability, and the damages victims are entitled to recover. Understanding these laws is paramount to protecting the rights of those injured in such accidents, and a dedicated truck accident attorney in Richmond at our firm can provide invaluable assistance in navigating these legal waters.
Federal and State Regulation Compliance
Trucking companies and their drivers must adhere to a stringent set of regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These include weight limits from the Federal Highway Administration (FHA) Compilation of Existing State Truck Size and Weight Limit Laws, restrictions on driving hours to prevent fatigue, and standards for vehicle maintenance. Virginia state law also requires adherence to these regulations and imposes additional rules for trucking operations within the state.
Determination of Liability in Truck Accidents
One of the first steps we will take is to determine liability, which in trucking accidents can be complex due to the number of potentially liable parties. This can include the truck driver, the trucking company, the manufacturer of trucking parts, or other negligent drivers.
Virginia uses a “fault” system to determine liability under Virginia Law §38.2-117, meaning those who are responsible for causing an accident due to negligence or breach of legal duty are liable for damages.
Virginia’s Contributory Negligence Rule
Virginia is one of the few states that still follows the contributory negligence rule under Virginia Law §8.01-58, which can bar recovery if the injured party is found to be even slightly at fault for the accident. This rule underscores the importance of our team’s legal representation.
Statute of Limitations for Truck Accident Claims
The statute of limitations for filing a truck accident claim in Virginia is two years from the date of the accident per Virginia Law §8.01-243. In addition, certain cases, such as cases against government entities, require that notice be given shortly after the crash or else the claim will be lost. Failing to file or settle the case within this time limit typically results in the loss of the right to seek compensation.
This time limit makes it crucial for victims to contact a Richmond truck accident lawyer promptly to begin the claims process.
Damages and Compensation
Victims of truck accidents in Virginia may be entitled to various types of compensation, including every medical expense, lost wages, pain and suffering, inconvenience, and property damage. In cases of wrongful death, the victim’s family may seek additional damages under Virginia Law §8.01-50.
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Richmond Truck Accident FAQs
Why Are Truck Accidents so Severe?
Unfortunately, most accidents involving trucks are severe. This is because of the sheer size and force of large trucks. When a large truck collides with another vehicle, the force can cause severe damage, much more powerful than if the accident involved a standard-sized vehicle.
What Is the Process for Investigating the Accident?
There are several steps to the investigation process for a trucking accident. The first is initiated at the accident scene when law enforcement arrives. They will secure the scene, contact emergency services, and investigate the details of the accident, which will result in a police report that can act as a critical piece of evidence for the case.
Once the dust has settled and the victim decides to take legal action, their Richmond truck accident lawyer will launch their investigation. This may involve the services of a professional investigator. In addition, the trucking company may also investigate the accident with their team.
What Evidence Will Be Key to Proving the Case?
When a plaintiff pursues damages, they will have the burden of proof. In civil claims, this is based on a preponderance of the evidence, which is explained in 22VAC40-705-10. This means they will need to prove that their losses and injuries were because of the truck drivers and/or trucking companies’ negligence and failure to uphold the duty of care.
Do Not Hesitate. Get in Touch with a Truck Accident Attorney in Richmond Today
When you get in touch with a Richmond truck accident attorney, you are getting a personal advocate who can investigate your accident and determine who else could (and should) be held responsible.
You are also getting a valuable ally in your corner who is committed to getting you the compensation you need so you can finally move on with your life. Do not hesitate.
Reach out to MartinWren, P.C., and see how we can help. Reach out to our firm if you have more questions about trucking accidents. To schedule a consultation, contact MartinWren, P.C. by phone or through our quick contact form.
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MartinWren, P.C., Richmond Truck Accident Lawyer
400 Locust Avenue, Suite 1 Charlottesville, Virginia 22902
Call 434-817-3100 or complete a Case Evaluation form
