Gainesville Truck Accident Lawyers Working to Provide the Help You Need After a Truck Accident
Accidents involving trucks on the roadway can be very dangerous and cause severe consequences, including serious injury and fatalities. In the state of Virginia, the DMV estimates there were 2484 accidents in 2019 involving trucks rated as ‘large trucks’ (weighing over ten thousand pounds). Commercial truck drivers are at a higher risk of being involved in an accident due to extended hours behind the wheel and pressure from trucking companies to meet tight deadlines, making many drivers choose deadlines over safety. Falling asleep behind the wheel, making improper lane changes and speeding are among the leading causes of truck accidents. If you have been a victim of an accident caused by a truck, there are a few things to consider.
Will the Trucking Company Pay for My Accident in Virginia?
If you have been injured in an accident involving a commercial truck, semi-truck, or tractor-trailer, it is important to be aware that Virginia is an at-fault state that operates under the pure contributory negligence rule for accidents. What that means is an accident victim will not receive any form of compensation if the other party is able to prove that the victim had any percentage of contribution towards the accident happening. Simply put, even if you are 1% responsible for the accident, you may end up not receiving any compensation.
Trucking companies are ready to try and find any evidence possible to prove that you contributed to the accident. Something as trivial as apologizing to the other driver at the scene of the accident can be later used as an admission of guilt. That being said, trucking companies can be held liable for your accident regardless of the driver’s employment status (contractor or employee) and of whether they lease or own their fleet.
In other circumstances, the driver alone may be held liable for the accident. In order for a trucking company to be responsible for your accident, you will need to show evidence that the company acted in a neglectful or wrongful manner (such as by offering improper driver training or failing to run complete background checks).
What Kind of Damages Will I Be Able to Recover?
If you are able to prove the truck driver is 100% responsible for causing the accident, you may be able to file a claim to recover monetary and non-monetary damages for your injuries. Monetary damages cover the costs of current and future medical bills as well as lost wages or loss of earning ability. Non-monetary damages may include compensation for your pain, suffering, mental anguish, and emotional distress resulting from the accident. You will need to produce enough evidence to support your claim, and for that reason, it is important to work with a skilled personal injury attorney who can conduct his or her own investigation of the accident and collect the necessary proof to support the type of damages you are requesting as part of your lawsuit.
Every case is different and outcomes are varied depending on the severity of your injuries and on the specific circumstances of the accident. The most important thing to remember is to never admit fault if you are involved in a truck accident in Virginia, or you will practically have zero chances of receiving compensation.
Do I Need an Attorney to File a Claim Against a Trucking Company?
The clock begins ticking moments after the accident. Trucking companies will quickly send insurance representatives, lawyers, and company representatives in an attempt to prove that you were partially or completely at-fault for the accident. When you hire a seasoned personal injury and truck accident attorney, you can get the help and guidance you need to deal with the insurance adjusters and with the truck company. Your attorney can handle every part of the negotiation for you and take your claim to court if necessary.
How Can Johnson Law Firm, PC Help?
At the Johnson Law Firm, PC, we have handled several car and truck accident claims and secured positive results for many of our clients. You may not need an attorney for a smaller accident that did not result in severe injuries or property damage. But if your accident resulted in significant injuries or the death of a loved one, make sure you are working with a strong legal team that will fight to recover the compensation you deserve. Contact our Gainesville office at (703) 884-8003to get a consultation and receive a case analysis.