Truck accidents may only make up around 6% of all motor vehicle crashes in Virginia, but the statistics also indicate that they tend to be the most devastating for victims. In its annual publication on Traffic Crash Facts, the Virginia Department of Transportation (VDOT) reported that one in five truck accidents involves at least one fatality. Plus, almost 40% of all truck crashes cause injuries. Based upon the size of a semi, 18-wheeler, or other commercial vehicles, you can expect that the majority of victims are not occupants of the truck.
Virginia law provides you with rights if you were injured or lost a loved one in a truck collision, but enforcing them can be more complicated as compared to other traffic incidents. A truck accident attorney in Smithfield can assist with the legal issues, so please contact Hampton Injury Law PLC today to schedule a case evaluation regarding your remedies.
Careless acts and driver misconduct are behind the majority of traffic collisions, including truck crashes. The legal term for this type of wrongdoing is negligence, which means you must prove that the truck operator did not exercise reasonable care when driving. As you might expect, some forms of truck driver negligence involve the same factors as other motor vehicle accidents, such as speeding, driving while impaired, distracted driving, failure to yield, and many more.
However, there are some types of negligence that are specific to truck drivers and other parties responsible for keeping the rig safe. Examples include:
The first step in a truck crash case is to file a claim with the insurance company that covers the operator, trucking company, loader, and all other potentially negligent parties. Note that this process is much more complex than a car accident claim, since federal regulations require higher insurance policies – up to $1 million or more, depending on the cargo. If the insurer will not settle for a fair amount to cover your losses, you may need to file a civil lawsuit.
Through the insurance claims process and/or in court, you may be able to recover for:
The legal process after a truck crash can be overwhelming, especially at a time when you are trying to heal from your injuries or mourn a deceased loved one. Instead of trying to tackle the challenges on your own, trust an experienced lawyer to assist. For important information on your rights and how we can help, please call Hampton Injury Law to set up a case evaluation with a truck collision attorney.
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