Liability for a truck accident rests with the party whose negligent actions caused the crash. Proving liability can be challenging, and truck accident cases can be particularly complex because more than one party may be at fault.
If you or someone you loved suffered an injury in a wreck, a Virginia truck accident lawyer with our law firm can help you identify who is liable for your truck accident and seek compensation from all those who bear responsibility for your crash.
Who Is Liable for a Truck Accident in Virginia?
Depending on the circumstances of the accident, multiple parties may be liable for a truck collision, including:
The Truck Driver
A truck driver may be liable for the crash if they were speeding, tailgating, drinking and driving, driving while distracted, or engaging in other negligent driving behaviors. In addition to the rules of the road all drivers must follow, commercial motor vehicle drivers must also obey rules and regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These rules include special driver training requirements and drive-time limits.
A Trucking Company
Trucking companies are liable when they act negligently or fail to obey FMCSA rules, such as maintaining their fleet or conducting mandatory drug and alcohol screenings for drivers. They are typically also liable for the negligent actions of drivers and other employees based on a legal principle known as vicarious liability.
The Owner or Entity in Charge of the Truck’s Maintenance
Large truck drivers sometimes own their vehicles, and sometimes trucking companies or a third party maintain and manage fleets. If your accident resulted from negligent vehicle maintenance or a lack of necessary safety equipment, the entity or owner of the truck may be liable.
The Owner or Entity Responsible for the Truck’s Cargo
When cargo is overpacked, improperly packed, overloaded, or unsecured, it can shift, causing a driver to lose control. Cargo can also fall from the truck. If cargo issues contributed to the collision, the entity in charge of the load may be responsible.
A Property Owner
If problems with a private or public roadway caused the crash, a property owner may be liable.
How Can You Prove Truck Accident Liability?
To establish truck accident liability, you must prove that a party acted negligently. You must also demonstrate how their negligence caused the accident and led to your injuries and damages.
Constructing a solid case requires evidence, which may include:
- Police reports
- Dashcam, cell phone, or surveillance video of the crash
- Eyewitness accounts
- Data from the truck’s “black box” recorder
- Truck driver logs
- Trucking company records
- Maintenance records
- Physical evidence from the accident scene
- Eyewitness statements
- Expert testimony
You must also prove your right to recover damages using:
- Medical records
- Medical bills
- Estimates of ongoing and future medical expenses
- Pay stubs and income records
- Receipts and invoices for accident-related expenses
- Testimony from doctors, economists, and life care planners
What Damages Can I Recover for a Truck Accident Injury?
Because of their size and weight, a large truck crash can cause severe injuries, with significant medical expenses and other costly damages. How much money you can recover from liable parties will vary based on the facts of your case, but, in general, truck crash collision compensation may include:
- Medical treatment, including surgeries, hospitalizations, rehabilitation and physical therapy, mobility aids, medical equipment, medications, and nursing services
- Lost income, including lost wages, benefits, and earnings, and the loss of your future earning capacity if you cannot return to work due to injury
- “Pain and suffering” and inconvenience, including monetary awards for intangible losses, like scarring, disfigurement, disabling injuries, severe pain, loss of enjoyment, mental and emotional distress, and reduced quality of life
- Wrongful death of a loved one, including medical costs, funeral and burial expenses, loss of your loved one’s income, services, protection, care, and assistance, and survivors’ sorrow and mental anguish
How Long Do You Have to Hold a Liable Party Responsible?
You should get started on your truck accident case immediately.
The statute of limitations for filing a personal injury lawsuit in Virginia is two years, according to Va. Code § 8.01-243. If your loved one suffered a fatal injury, Va. Code § 8.01-244 allows two years to sue for wrongful death.
If the deadline expires, the court will likely bar your suit. Even if you expect to settle with the liable party’s insurance company, understand that these time limits will still affect your case because if you cannot take legal action, you have no leverage in negotiations.
Do You Need a Truck Accident Attorney?
Legally, you do not have to have a truck accident attorney represent your claim. However, if you do not have legal experience, you can quickly find yourself in over your head when facing off against commercial entities (and their insurers and lawyers). It can be especially challenging if you are also coping with a severe or catastrophic truck accident injury.
Our Virginia personal injury lawyers can help you navigate your case so you can focus on healing. Our lawyers can:
- Conduct the investigation needed to identify and prove truck accident liability
- Ensure the prompt and correct filing of insurance claims with all of the involved parties
- Identify all of your losses so we can pursue every cent owed
- Handle case-related communications so you can reserve your time and energy for your health and family
- Aggressively negotiate for the maximum compensation possible while shielding yourself from undue pressure and bad-faith tactics
- Make sure you get the money you deserve, even when that means going to trial
Contact the Parrish Law Firm, PLLC, About Your Truck Collision Claim
Since 2004, the Parrish Law Firm, PLLC, has fought for injured clients in Virginia. We are part of the communities we serve and are dedicated to providing clients with the highest level of legal service.
We know how insurance companies operate. We use that knowledge to help you seek full and fair compensation and prove truck accident liability. We take cases on contingency, so working with us costs you nothing upfront or out of pocket. Call us today for a FREE case review.
Call or Text 571-229-1800 or Complete a Free Case Evaluation form