Commercial trucks can cause serious injuries due to their large sizes and weights compared to passenger vehicles. Whether the truck involved in your accident was operated by an interstate freight company, local delivery service, or construction business, finding someone who is responsible for your injuries may be more complicated than in a traditional car accident. A Chesterfield truck accident lawyer can help explain your rights under Virginia law.
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Motor vehicle crashes involving large trucks can be more complex than collisions involving only passenger vehicles. Trucks must comply with additional federal and state safety regulations, maintenance procedures, driver qualification standards, and hours-of-service limits. Because of this, truck accidents typically involve much more investigation than accidents involving just two cars.
In 2024, there were 3,078 accidents involving large trucks in Virginia. While most of these resulted in only property damage, 48 were fatal, and 874 resulted in injury. Numerous commercial trucks pass through Chesterfield every day along major corridors such as Interstate 95, State Route 288, U. S. Route 60, and Hull Street Road. With the convergence of local and interstate trucking traffic comes the potential for large trucks to collide with passenger vehicles.
Virginia is a fault-based state when it comes to motor vehicle accidents. However, most commercial trucking companies are also subject to Federal Motor Carrier Safety Regulations, which establish additional safety guidelines. Virginia Code § 8.01-243 also provides the statute of limitations for most personal injury claims, including truck accidents.
Various circumstances can contribute to truck accidents. Part of building your truck accident claim involves determining who or what caused the crash. Some common causes of truck accidents are listed below:
Truck accidents can involve a single cause or multiple causes. After the accident, a thorough investigation can help determine liability.
Determining legal liability in a truck accident case can be more complicated than in a traditional vehicle collision. Along with negligent drivers, trucking companies and their employees can sometimes be responsible for an accident. Other parties that may be liable for a truck accident are listed below:
Trucking companies can be liable for hiring unsafe drivers, failing to follow federal trucking regulations, pressuring drivers to hurry, or neglecting to maintain the vehicle. A loading company may be responsible if its employees improperly loaded the truck, resulting in the accident.
It is not always evident who was responsible for a truck accident. Reviewing a driver’s employment history, vehicle maintenance records, electronic logging records, truck inspection reports, and shipping documents can help uncover negligence.
As with any accident, it is advisable to obtain a medical assessment even if you believe your injuries are not serious. Internal bleeding, head trauma, and other serious injuries may not be noticeable until several hours after the crash.
If possible, take photos of the accident scene, vehicle damage, road conditions, injuries, and other relevant information. Get the names and contact information of any witnesses and ask for a copy of the police officer’s accident report. Maintain records of medical visits, vehicle repair estimates, and lost wages if you are unable to work due to your accident injuries. Your attorney can use this information to assess your damages.
Many victims choose to hire a truck accident lawyer because truck accidents can be significantly complex. They can involve a lot of paperwork, multiple liable parties, and both state and federal truck accident laws. An experienced Chesterfield truck accident attorney can help simplify this process for you.
A qualified accident lawyer can help preserve evidence, secure electronic trucking records, review driver qualification files, investigate compliance with hours-of-service regulations, identify all potentially liable parties, calculate your damages, and negotiate with the insurance companies. Your attorney can file a claim on your behalf and prepare your case for trial if a fair settlement cannot be negotiated.
Inclement weather is not a defense that automatically relieves a truck driver or trucking company of liability. Rain, fog, ice, or other dangerous conditions should be factored into a commercial driver’s speed and manner of driving. If the driver wasn’t driving safely for the conditions, then the weather can be used to help prove that reasonable care was not used.
Yes, sometimes a truck accident could be caused by defective brakes, tires, steering components, lights, or other equipment rather than by driver negligence alone. If there was defective equipment that contributed to a collision, the manufacturer, distributor, or maintainer of that equipment could also become defendants, depending on the facts of the equipment failure.
Should you receive a call from an insurance adjuster, you should only give them factual information until you know your rights. You should not guess at fault or the severity of your injuries, especially if you have not yet finished medical treatment. Reading documents thoroughly before signing them can prevent future issues with an insurance or civil claim.
Yes, most commercial motor carriers must inspect, repair, and maintain their vehicles as required by federal safety regulations. Drivers must also perform some inspections before and after operating their vehicles. Inspection records may provide key evidence if there is reason to believe that a truck accident was caused by a lack of maintenance.
A truck accident in Chesterfield can cause serious physical damage and injury. At Brooks & Baez, we know how complex these cases can be. We can assist you in your case. Contact us to learn more about your options.
Our team is comprised of Jesse Baez and Noel Brooks, two attorneys with decades of combined
experience handling legal matters for clients throughout the state of Virginia.
Whatever your legal issue, we will answer your questions and offer you peace of mind as we work to guide
you through the process to resolution.
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