How Does a Virginia Truck Accident Attorney Prove Fault?

While it may seem that truck accident claims are similar to car accident claims, a Virginia truck accident attorney understands that accidents involving commercial trucks are often much more complex than car accident claims. For one thing, because of the massive size and weight of these vehicles, the injures victims suffer in truck accidents are often much more catastrophic. Severe injuries also mean that the financial compensation recovered in truck accident cases is often more substantial because of the often astronomical financial, physical, and emotional damages victims suffer.

Because truck accident cases are more complex, truck accident attorneys often need to investigate and gather all the evidence to prove liability. Presenting the right evidence is critical to a case and is why victims should retain the services of a Virginia personal injury law firm that specializes in truck accidents, like Shapiro, Appleton & Washburn.


In order for a victim to recover financial compensation for the losses their injuries have caused them to suffer, they must prove that another party acted in a negligent manner and that negligence caused the truck accident that resulted in their injuries. If the truck driver is at-fault, then there is a high rate of probability – depending on the circumstances of the case – that the trucking company the driver is employed by is also liable. Some of the more common negligent acts we see in the cases we handle at our firm include truck driver error, negligent hiring, failure to supervise drivers, and failure to maintain and/or repair trucks.

Examples of evidence an attorney can use to prove negligence includes:

  • Cargo loading records
  • Delivery records
  • Information collected by the truck data recorder or truck camera
  • Maintenance records of the truck
  • Police reports of the truck accident
  • Traffic citation or arrest of the truck driver
  • Truck driver driving records
  • Truck driver employment records
  • Truck driver logbooks that show the number of hours the driver was operating the vehicle and the number of hours taken for rest time
  • Witness testimony

In some cases, the attorney may also have an accident reconstruction expert investigate and analyze the scene of the crash and the vehicles involved to help identify what the cause of the accident was.

It is not enough just to prove that another party was responsible for a truck accident. The victim must also prove that they were injured and that those injuries caused them both economic and non-economic losses. In order to prove these losses, an attorney will present evidence to the jury to show the physical, emotional, and financial toll the accident and injuries have taken on the victim. The attorney can present any of the following as evidence to show these losses:

  • Medical records of the injuries
  • Medical expenses for treatment of the injuries
  • Paystubs of past income
  • Work timesheets to show past income.
  • Testimony from medical professionals estimating what the cost of future medical treatment will be.
  • Testimony from vocational counselors estimating what the loss of future income will be if the victim is left with a permanent disability leaving them unable to work in the occupation they had prior to the accident.
  • Testimony from the victim and their family regarding the impact the injuries have had on the victim’s life.
  • Psychological evaluations describing any emotional issues the victim has suffered because of the accident.

Contact a Virginia Truck Accident Attorney

If you have been injured in any type of truck accident, contact a Virginia truck accident attorney to discuss what legal recourse you may have. Truck accident cases can be complex and it is not uncommon for there to be multiple at-fault parties who are responsible for the payment of financial damages you may be entitled to for your injuries. Our personal injury firm has successfully represented many injured victims and their families and we are happy to meet with you and offer legal guidance on what the best options may be for your circumstances.