Commercial truck accidents are one of the most devastating to victims and their families. Every year, approximately 4,000 truck accident victims die from the injuries they sustain. Victims that do survive often suffer catastrophic injuries that leave them with long-lasting or permanent disabilities.
Truck accident lawsuits can be more complex than other types of accident lawsuits, frequently involving more than one party who is liable for the losses the victim has suffered. This is why having a Virginia truck accident attorney representing you can make all the difference in whether you obtain the financial compensation you deserve. Since the burden of proof is on the victim to prove liability, many truck accident cases require a thorough investigation of the crash to establish that fault.
There are many pieces of evidence that your Virginia truck accident attorney can use to prove what caused the crash and who is liable. Evidence of fault can be revealed in the following:
- Driving logs of the truck driver
- Driving record of the truck driver
- Drug testing history of the truck driver
- Employment records of the truck driver
- Information about the cargo being transported
- Maintenance records of the truck involved in the crash
- Training certifications and licenses
- Truck’s black box
Much of the evidence may be time-sensitive. It is also not uncommon for the trucking company to “misplace” these records or even destroy them in order to avoid being found liable for the victim’s damages. This is why it is critical for truck accident victims or their families to contact a seasoned trucking accident attorney immediately who can take the legal steps to ensure that this evidence is preserved.
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Once the attorney has established fault and determined any and all liable parties, the next step will be to determine all of the victim’s losses. This can include:
- Past, present, and future medical expenses
- Loss of income and benefits, both current and any future income the victim will lose because their injuries have left them unable to work
- Pain and suffering
- Emotional trauma
- Permanent disability
- Disfigurement or scarring
- Loss of life enjoyment
If the victim does not survive their injuries, their family can pursue a wrongful death lawsuit against the at-fault parties. The lawsuit can be filed by the victim’s spouse, children, parents, or next of kin. The lawsuit can be brought forward by a family member, the executor of the victim’s estate, or a party appointed by the court.
Contact a Virginia Truck Accident Attorney
If you have been injured in a truck accident or have lost a loved one in a fatal crash, contact a Virginia truck accident lawyer to find out what legal options you may have. Virginia law allows survivors of victims killed in accidents to pursue damages for their losses through a wrongful death lawsuit. The law understands that no amount of money will ever replace the loved one, but many times, a civil lawsuit is the only option for the family to get justice for their loved one.
At Shapiro & Appleton, our Virginia wrongful death attorneys have decades of experience successfully advocating for victims and their families and would be happy to meet and discuss what your legal options may be. Call 800-752-0042 today for a free case evaluation.