If you are involved in an accident with a tractor-trailer, the potential for debilitating injuries and exorbitant medical bills is high. This is primarily due to the weight and size of commercial trucks. For most people, trying to establish the facts of the crash, determine liability, and pursue financial compensation is too overwhelming to manage while they are seriously injured.
What can I do to strengthen my Virginia truck accident claim?
If you were injured in a commercial truck accident, you could be entitled to damages. Building a strong case against the truck operator, freight company, or parts manufacturer liable for your accident is essential when it comes to obtaining the financial compensation you are entitled to.
Constructing a compelling case against the at-fault party will require an experienced attorney with thorough knowledge of personal injury law. The Virginia truck accident attorneys at Shapiro, Washburn & Sharp have been handling commercial truck accident cases for over four decades. We know the most efficient methods of securing maximum financial compensation on behalf of our injured clients. Call our Virginia Beach personal injury law firm today to schedule your free consultation.
Establishing Negligence
To establish negligence in a commercial truck accident case, you need to know how the laws of negligence apply. A negligence claim requires that the plaintiff prove four distinct elements:
- Duty
- Breach
- Causation
- Damages
Each element has to be proven with facts and is crucial for demonstrating the negligence of the other party. Additionally, as is often the case with truck accidents, there could be more than one liable party that needs to be investigated in order to maximize the value of the claim.
Gathering Evidence
Although many commercial trucking accidents are not the operator’s fault, it is important to document the crash as much as possible. You should never apologize, discuss liability, or sign any documents until you have spoken with an experienced truck accident lawyer. If you were injured in a commercial truck crash, time is a factor. It is vital that you seek qualified legal representation right away.
Key Elements
When bringing a claim for a commercial truck accident case, the key elements that a lawyer needs to pay attention to include examining evidence, determining liability, and proving damages. Your lawyer will also consider the truck operator’s experience and qualifications in the context of your accident.
An accident reconstruction expert will most likely be consulted to study the logistics of how the accident took place. This will help solidify any liability involved with the truck operator or their parent company. Another important element in building a strong truck accident case is ensuring that all eyewitnesses have been accounted for, including those from any involved vehicles along with any bystanders who saw the accident happen.
Also, treatment plans and medical records will be reviewed so that fair compensation can be determined. Gathering enough valid evidence to substantiate each account is vital to a successful lawsuit.
Common Mistakes
In order to develop the strongest case possible for your Virginia commercial trucking accident, there are some common mistakes that can weaken your argument which should be avoided, including:
- Failure to obtain evidence, such as not reviewing pictures from the scene or not getting a statement from a witnesses
- Missing possible evidence while reviewing vehicle maintenance records or during a physical inspection of the truck itself
- Accepting a settlement before determining all liable parties or knowing the full extent of your damages
- Misrepresenting facts about the accident
Fortunately, all of these mistakes are easily avoidable no matter how challenging your truck accident case may be. The attorneys at Shapiro, Washburn & Sharp have decades of experience in investigating and achieving successful results in commercial truck accident cases.
Call Shapiro, Washburn & Sharp
If you want to speak to an experienced Virginia commercial truck accident lawyer about your truck accident claim, contact the Virginia Beach personal injury law firm of Shapiro, Washburn & Sharp at (833) 997-1774.