Tractor-trailers and other trucks on I-64, I-81, and other Charlottesville roads can cause devastating injuries when they collide with smaller vehicles. The heavy weight and cumbersome operation of trucks make them a dangerous neighbor, particularly on the highway. While there is no doubt that collisions with these massive vehicles can cause life-altering injuries, it is only possible to collect compensation if you can prove two things. First, you must demonstrate that a trucker was entirely to blame for the incident. Second, you must connect your losses and traumas to the incident. A Charlottesville truck accident attorney be able to help prove the legal requirements of your case to collect the compensation that you deserve.
All too often, people are harmed by truck accidents that could have been prevented if drivers had fulfilled the responsibility they owe to others. If you or a loved one suffered injuries in a collision with a truck, a Charlottesville truck accident attorney may be able to help obtain compensation to cover expenses and make up for some of the losses you have endured. A personal injury lawyer who understands the unique aspects of truck accident cases could review the circumstances and explain your options for seeking relief.
Choosing the right legal representation after a truck accident is crucial. At The Warren Firm, you benefit from:
Our firm has a strong history of achieving favorable outcomes for our clients. Here are some examples of our recent successes:
Before a truck accident victim can recover compensation, the injured person must prove that another person’s wrongful actions caused the accident and led to the injuries. Most of the time, the misconduct involved is not deliberate. However, even if someone does not intend to cause an accident, if he or she fails to meet obligations and that failure causes harm, that person may be held liable for the result.
Proof of failure to fulfill a duty and the resulting damage, often referred to as negligence, is accomplished through providing evidence.
The most straightforward way to prove liability following a truck accident is to show that a trucker was violating a rule of the road in the moments leading up to the collision. This could include violations of speed limits, a failure to yield, or an overweight truck.
If the police officer who responds to the accident issues a ticket to the truck driver, it is vital to track that ticket through traffic or criminal court. This is because of a legal concept called negligence per se. The concept means that a civil court can use a criminal court conviction as proof that a party was at fault in an accident. A tractor-trailer accident lawyer could work to follow a traffic ticket as it moves through the court system and use proof of a conviction as evidence of fault for an accident.
If necessary, a Charlottesville truck accident lawyer might even enlist the help of accident reconstruction experts to determine what led to a crash and what could have been done to prevent it. After a fault had been established, an attorney could use medical records and expert witness testimony to prove you suffered compensable losses.
Accident victims may suffer from medical conditions such as:
Regardless of the type of injuries you are recovering from, a dedicated truck accident lawyer in Charlottesville could fight for your right to obtain compensation.
If the other party claims you were also acting negligently at the time of the crash, you may not be able to recover any compensation at all. Virginia follows a particularly harsh contributory negligence rule that bars recovery for plaintiffs found partially responsible for their own damages. If you wish to avoid these types of legal roadblocks, it could be beneficial to speak with an attorney.
Truck collisions on the roads and highways in the area are unfortunately common, especially on the I-81. Many of these incidents are a product of the attributes of large trucks and commercial vehicles. Their weight makes them slow to stop in an emergency, even if their drivers are paying attention to the road and appear to be driving within the limits of the law. Nevertheless, a trucker may be liable if he or she is tailgating or not giving enough space to other vehicles around the truck. Moreover, by its practices, the trucking company might be liable for your accident as well.
The large size of trucks makes them susceptible to rollovers and jackknifing. These occur when a trucker must come to a sudden stop, and his or her trailer swings out to the side of the cab. In some situations, this can leave the drivers of other vehicles with little chance to avoid a crash.
Texting while driving truck accidents in Charlottesville are almost always grounds for civil litigation. If you were injured in this type of wreck, an experienced semi-truck collision attorney could inform you of your legal options and help you pursue compensation for all your injuries and losses.
After a 2009 study traced most truck accidents to driver distraction, the Federal Motor Carrier Safety Administration (FMCSA) passed a rule prohibiting drivers from using any handheld device while operating a truck with a gross vehicle rating weight of 10,000 pounds or more. A violation of this rule is punishable by thousands of dollars in fines and the potential revocation of a trucker’s commercial driver’s license (CDL).
The state government passed a bill that will become effective January 1st, 2021, that makes it illegal for any driver to hold a handheld device while controlling a vehicle in motion. This revised statute is significantly harsher than the previous texting while driving law codified in Code of Virginia §46.2-1078.1.
Under the amended law, a driver holding a cell phone or any other device in his or her hand while driving is a primary offense, meaning law enforcement officers can pull them over and write a ticket solely for that particular offense. This new regulation will likely make it much easier to hold truck operators liable for texting while driving accidents in the future.
When a truck driver fails to check his or her blind spots, it can result in a collision with catastrophic consequences for the occupant of the smaller car. Fortunately, our team has experience handling legal claims for blind spot truck accidents in Charlottesville. A skilled tractor-trailer wreck attorney could help you seek appropriate civil restitution from the responsible parties.
The average commercial truck has four major blind spots, one on each side of the vehicle. Truckers typically cannot see about 20 feet ahead of the cab’s front bumper. The blind spot in the rear extends about 30 feet from the rear bumper.
Larger side mirrors can help increase visibility immediately next to a semi-truck. However, truck drivers still generally cannot see cars directly next to and under the driver’s side window or along most of the passenger side of the vehicle.
During the training that truck drivers must undergo to obtain a commercial driver’s license (CDL), they learn to check their blind spots regularly while their vehicles are in motion, especially before making a turn or changing lanes.
Commercial drivers in Charlottesville who fail to fulfill this obligation may end up causing a truck accident by hitting another vehicle in their blind spot. Common types of accidents include rear-end collisions caused by following too closely and trapping a smaller car between the truck’s side and the retaining wall or barrier.
A variety of situations can lead to jackknife accidents, most of which involve truck driver negligence. For example, a trucker who turns too quickly or tries to make a sudden stop may cause the truck to lose traction, allowing the trailer to kick out sideways. Failure to compensate for inclement weather is another common cause of folded truck wrecks in Charlottesville.
However, jackknifing is not always primarily the fault of the person operating the truck. Occasionally, a mechanical failure in the vehicle’s tires or brakes could lead to an accident. In cases such as these, the negligent manufacturer or mechanic primarily responsible for an ensuing collision. Likewise, if a truck is overloaded or does not have its cargo properly secured, liability for a crash may lie with the truck driver’s employer or a loading dock worker.
Finally, the nature of the trucking industry itself contributes to many incidents. Strict deadlines mean that truckers may be on the road for a dozen hours a day or more, despite federal regulations limiting their legal drive times. The resulting fatigue or drowsiness decreases a driver’s ability to remain aware of his or her surroundings or make the necessary adjustments to avoid a collision with another vehicle.
A Charlottesville truck accident attorney could provide more information about the common causes of truck accidents and take the lead in investigating your specific case.
A truck accident can have tragic results. While a legal claim cannot reverse the damage, an attorney could help hold the responsible parties accountable and seek justice for the victims.
At The Warren Firm, we work on a contingency fee basis, meaning you don’t pay anything unless we win compensation for you. There are no upfront costs or hourly fees.
Please don’t hesitate to reach out and learn how we can support you with your personal injury case; contact The Warren Firm for your free consultation today and discover how we can help you pursue the justice you deserve.
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Is There A Time Limit To Pursue A Truck Accident Case?
