By: C. James Williams III, Principal, Burnett & Williams
Being involved in any accident can be life-changing, but this is especially the case with truck accidents. In a truck accident, you can experience severe injuries or even death in a matter of seconds, which is why many accident victims seek recourse against the responsible parties through the legal system. When looking for a truck accident lawyer, Virginia accident victims must be careful to hire an attorney with the right skills and expertise to help them navigate the complexities of their case.
Why truck accident cases lead to much more serious personal injuries than regular car accidents
One of the scariest things about large truck crashes is that they tend to be more dangerous than any other type of accident on the road. Trucks weigh significantly more than cars and other passenger vehicles, especially when carrying heavy loads, which means they exert much more force on anything they impact and require more stopping distance. As such, trucks are more prone to causing severe damage in an accident. The result of this is often catastrophic injuries, such as traumatic brain injuries or spinal cord injuries, which cause significant medical expenses, lost wages, and pain and suffering.
Beyond that, the unique structure of commercial vehicles like semi-trucks means they can cause multiple types of accidents beyond the typical collision. One of the most common causes of a serious truck accident is jackknifing, when the truck’s trailer swings forward towards the cab. When this happens, it usually results in a multi-car pile-up with many serious injuries and sometimes even death. Another scary thing that can happen, especially with smaller motor vehicles, is when other drivers or pedestrians get trapped under a big rig’s trailer.
Because truck accidents can be so dangerous, they tend to involve much higher costs than standard car accidents. As far as property damage goes, many passenger vehicles involved in accidents with commercial trucks end up completely totaled. The severity of injuries often incurred in trucking accidents also often results in much higher medical bills.
Truck accident cases are especially complicated lawsuits because of the difficulty of determining liability. There are so many parties involved in commercial trucking activities that if one of them makes a mistake, there are multiple ways that something could go terribly wrong and cause an accident.
Common causes and parties often found negligent for truck accidents in Virginia under the truck accident law
Many trucking accidents are caused by negligent truck drivers themselves. Like a standard auto accident, factors like distracted driving, sleepy driving, driving under the influence, or reckless driving can all be considered negligence on the part of the driver. If the driver is found to be at fault for the accident, the truck driver’s employer (and their insurance company) is likely to foot the bill for the damages.
However, there are also some instances in which the trucking company itself is responsible for causing the accident. In the United States, the trucking industry is subject to extremely strict regulations, and if a company’s violation of these regulations is found to be the cause of an accident, it could face serious fines on top of having to pay damages to the victim. One of the most common examples of this is a truck driver getting into an accident after exceeding their legally allowable hours for a shift.
These are only some of the most common parties who can be found liable for a commercial truck accident in the state of Virginia. Truck accidents involve multiple parties, which can make it difficult to determine liability. For example, if a trailer is improperly packed and debris falls onto the road, the company transporting the goods may be found liable. If a vehicle component malfunctions, the manufacturer or service provider could be held liable.
That being said, truck accident victims must keep in mind that some states, including Virginia, have a contributory negligence rule. Contributory negligence means that if the victim of an accident is found to be even 1% at fault, they could be barred from receiving damages of any kind in a personal injury claim. And to make matters worse, something as simple as saying, “I’m sorry,” could be seen as an admission of liability.
Building a case to prove liability in a trucking accident can be very difficult for someone inexperienced, which is why it is important for victims to hire an attorney specializing in trucking law. A personal injury lawyer will investigate the accident and gather testimony from expert witnesses to build a case of who was at fault for the accident and the impacts, both tangible and intangible, it has had on your life.
Hire a Virginia truck accident attorney to handle your commercial truck accident claim
If you or a loved one has experienced severe injuries or wrongful death as a result of a truck accident in Virginia, contact a Virginia personal injury law firm today. Their Virginia truck accident attorneys will review your case in a free consultation and determine if they are the right fit to help you get the compensation you deserve in the form of a fair settlement.
Jim Williams is a graduate of George Mason University Law School, where he distinguished himself as a member of the law review with a published article and was the commencement speaker for his graduating class. He has practiced insurance defense through both private practice and as counsel to a major insurance company, where he gained extensive experience as a trial attorney, giving him wide-ranging expertise in the complexities of Virginia insurance law and knowledge of how the defense side approaches litigation. Jim Williams joined Burnett & Williams in 2006 as the lead partner in the Richmond area, with offices in Midlothian, Hopewell, and Richmond, Virginia.
Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.
