Determining Negligence in a Virginia Truck Accident

When a victim has been injured in a truck accident, the injuries are often extensive enough that they are usually focused on their recovery and how the injuries are impacting their life. Most victims do not have the energy to address the legal issues that surround the crash, including whose negligence or recklessness caused the crash. But is that negligence that will determine the party who is legally liable for the losses and damages a victim sustains in a crash. A seasoned Virginia truck accident attorney can help.

Determining Negligence

In the majority of vehicle accidents, one driver is usually responsible for the accident. And while truck driver negligence is often the cause in many commercial truck accidents, the trucking company the driver works for is often held legally liable for any losses the victim suffers. This is what makes truck accident cases more complex than other vehicle accident claims and usually requires the legal expertise of a Va. personal injury attorney.

Some of the more common factors of shared trucking company negligence our attorneys see in the cases we have handled include the following:

  • Truck driver fatigue: If the truck driver was operating the truck even though they were drowsy or actually fell asleep behind the wheel, the victim’s attorney will investigate for evidence that the truck company allowed or pressured the driver to exceed the hours-of-service regulations put in place by the federal government.
  • Equipment failure: If the accident was a result of faulty tires, brakes, or other equipment on the truck, the victim’s attorney will investigate whether the truck company performed routine maintenance inspections and/or repair any mechanical issues on the truck.
  • Truck driver substance abuse: If the truck driver was under the influence of alcohol and/or drugs at the time of the accident, the victim’s attorney will investigate to determine if the trucking company was aware or should have been aware of any alcohol or drug issues the driver had and if the company adhered to federally mandated drug testing procedures.
  • Shifting cargo: If the accident was caused by cargo that shifted or fell off the truck, the victim’s attorney will investigate whether the trucking company failed to load the truck according to federal standards.

Any of these failures on the part of the trucking company means they are legally liable for any losses the victim suffers as a result of the truck accident. Injuries from truck accidents are often more severe than in other types of accidents, meaning the medical expenses, loss of income, and other damages are more extensive. Having a Virginia truck accident attorney negotiating with the truck company’s insurance company not only allows the victim to focus on their recovery, but also sends a message to the insurance company that they will not be able to lowball any settlement offers that are unfair to the victim.

Contact a Virginia Truck Accident Attorney

If you or a loved one has been injured in a truck accident caused by a negligent or reckless truck driver, contact a seasoned Virginia truck accident attorney. Because truck accidents can be more complex than other types of motor vehicle accidents because depending on the circumstances of the crash, there may be multiple parties who are liable for a victim’s injuries.

Call Shapiro, Appleton & Washburn today to schedule a free and confidential consultation and find out what legal options you have. Our Va. personal injury law firm has successfully represented many clients who were injured in truck accidents and will use all available resources to aggressively advocate for you and your family in obtaining the financial compensation you deserve.

 

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