Driver error is the cause of most truck crashes. Some of the most common causes of truck accidents our Virginia truck accident lawyers see include:
- Speeding or driving too fast for conditions
- Reckless driving
- Weather
- Distracted driving
- Drowsy driving
- Drunk driving
- Inexperienced or unlicensed drivers
- Improper maintenance
- Defective parts or trucks
- Improperly loaded cargo
Speeding/Driving Too Fast for Conditions
A fully loaded truck can take over 500 feet to come to a complete stop. A truck driver who is speeding or driving too fast for conditions, such as construction or traffic, can cause a catastrophic wreck.
Reckless Driving
Truck drivers are held to a strict schedule. In some cases, they may drive aggressively or recklessly in order to move through traffic and avoid delays.
Weather Conditions
Weather is also a common cause of commercial vehicle accidents. Truck drivers have the responsibility to adapt to changing weather conditions by driving more slowly, staying alert, and pulling over if visibility is bad.
Distracted Driving
A truck traveling 65 miles per hour can travel the length of a football field in the time it takes to read or respond to a text. It can cover even more distance if the truck is going faster. If there is traffic or a hazard in the road, a commercial driver likely won’t have time to stop and avoid an accident.
Fatigued Driving
Truck drivers work very long hours. While the Federal Motor Carrier Safety Administration (FMCSA) has regulations that limit how long drivers can stay behind the wheel, fatigued drivers still cause accidents. Drivers often violate hours-of-service regulations in order to get deliveries done faster. However, according to AAA, fatigued driving is just as bad as drunk driving. When you consider that the drowsy driver is towing up to 80,000 pounds, the results can be deadly.
Intoxicated Driving
Truck drivers have a much lower allowable BAC. The federal blood alcohol concentration limit is 0.08; for truck drivers, it is 0.04. However, that doesn’t stop some drivers from getting behind the wheel while they are drunk or high.
Inexperienced Driving
All truck drivers must have a commercial driver’s license (CDL) to operate a large truck. However, some employers do not do background checks and allow inexperienced or unlicensed drivers to operate trucks in their fleet.
Improper Maintenance
Trucks require regular maintenance to ensure they are roadworthy. A failure to check the brakes or change a bald tire could cause a truck to jackknife or a tire to blowout.
Defective Parts
A defective car part can cause a tire blowout or make it impossible for a truck driver to stop. This can lead to an accident that injures several people.
Improperly Loaded Cargo
An imbalanced truck can jackknife, roll over, or take longer to stop. Cargo in the trailer of an 18-wheeler must be loaded specifically to avoid it shifting during transit. It must also be properly secured to avoid it rolling around or creating a hazard.
Other potential causes of accidents include:
- Improper lane changes
- Failure to check blind spots
- Failure to maintain a lane
Who Can Be Liable for a Virginia Truck Accident?
Who might be liable for your commercial truck wreck depends on the specifics of your accident. Some liable parties might include:
The Truck Driver
If the truck driver’s negligence caused the accident, we can hold them liable.
The Trucking Company
The trucking company can be vicariously liable or directly liable.
Trucking companies are typically liable if the truck driver’s negligence caused the accident. This is because, per respondeat superior, employers are liable for their employees’ actions, so long as they performed those actions in the scope of their employment.
However, trucking companies can also be directly liable if they did something that caused or contributed to the accident. For example, if a trucking company encouraged or forced its drivers to drive past legal limits and a fatigued driver caused the crash, it can be liable.
Maintenance Companies
If poor maintenance caused an accident, the maintenance company may be liable.
Manufacturers
In some cases, a manufacturing error can lead to a mass tort (a large number of people suing a company for their injuries). If a common defect, such as brake failure, caused your accident, we may be able to hold the manufacturer liable.
A Cargo or Shipping Company
If improperly loaded or secured cargo caused or contributed to the accident, the cargo company could share liability.
Our Virginia commercial truck accident attorneys will investigate your accident to determine which party(s) may be liable.
How Do I Prove Liability for a Virginia Truck Accident?
To hold the other party liable for your injuries, a Virginia 18-wheeler accident lawyer from our firm needs to establish the following:
- The other party owed you a duty of care. This duty differs by person. For example, truck drivers have a responsibility to drive safely and do what they can to avoid causing an accident. Trucking companies have a responsibility to hire competent drivers and ensure they are trained.
- The other party breached this duty. This breach is typically some act of negligence, such as speeding, driving while drowsy, or failing to do a background check on a driver.
- The breach caused your accident and injuries. For example, a fatigued driver fails to see traffic stopped ahead of him and rear-ends you, causing serious injuries.
- You sustained damages, such as medical bills, lost wages, lost earning capacity, and “pain and suffering” and inconvenience.
We know what we need to do to prove negligence in a Virginia commercial truck wreck.
Types of Accidents We Can Help You With
Our team can handle all types of truck accidents, including:
- Rollover accidents
- Underride accidents
- Override accidents
- Jackknife accidents
- Rear-end accidents
- Head-on collisions
Regardless of How a Truck Driver Caused Your Accident, We’re Here to Help
The team at the Parrish Law Firm, PLLC has spent the past two decades helping Virginians injured in trucking accidents. We want to help you, too.
Call us today to learn how our Virginia personal injury lawyers can help you during a FREE claim review.
Call or Text 571-229-1800 or Complete a Free Case Evaluation form