Truck accident cases are often frustrating and challenging for victims. They are dealing with serious injuries while juggling the financial effects of the crash and navigating the claims process to recover compensation for their injuries, expenses, and losses.
Having an experienced Manassas truck accident lawyer handling your case is the best way to ensure you are ready to face these challenges and any others that arise. They will help you fight for justice and recover the money you deserve.
What Challenges Am I Likely to Face After a Truck Accident?
Understanding the most common challenges in truck accident cases could help you better manage your claim or lawsuit. Six of the most common include:
1. Liability Can Be Complex
When a truck driver makes a mistake behind the wheel and causes a Virginia truck accident, that driver might not be the only liable party.
Like most other states, Virginia recognizes a common law doctrine known as respondeat superior. This doctrine allows victims to hold the driver’s employer accountable under certain circumstances, which commonly apply in these cases.
This can make determining fault and liability difficult.
2. You May Have to Face Corporate Lawyers and Insurance Companies
When a trucking company or other corporation is vicariously liable for their driver’s negligence, you will likely have to deal with corporate lawyers and insurance carriers to recover compensation in your case. This can be intimidating and frustrating. You will want a Manassas personal injury lawyer managing your case who will not be bothered going toe-to-toe with them.
3. The Trucking Company Holds a Lot of Evidence
You must act quickly to preserve evidence and ensure you have access to it. The trucking company—who may be the liable party—generally holds a lot of the crucial evidence in these cases.
Immediately after a crash, the trucking company, its lawyers, and the insurance carrier will begin an investigation. This will require them to gather the truck’s event data recorder, driver logs, electronic logging devices, maintenance records, post-accident drug testing results, and other evidence.
A spoliation letter should be sent as soon as possible to ensure evidence does not go missing or is not destroyed. Your attorney will manage this process, but you should hire one quickly to protect this evidence.
4. You Must Be Familiar With Trucking Industry Regulations
The trucking industry has a wide range of regulations and laws. Violating any of them could be the basis of the negligence claim that recovers compensation for you in your case. One of the most common is a violation of the Federal Motor Carrier Safety Administration (FMCSA)’s hours-of-service regulations. Other possibilities include:
- The vehicle’s size and weight
- How the cargo is loaded and secured
- Proper inspections and maintenance
- Truck driver training
While truck accident lawyers are generally familiar with these regulations, some cases require consultation with an industry expert who can explain the regulations and identify if negligence occurred.
5. Third-Party Liability Is a Possibility
Sometimes, the trucking company is not the only liable party. This makes the case more complex. Some possibilities could include:
- A maintenance company that did not properly inspect, maintain, or repair the truck or trailer
- The manufacturer of a defective truck or truck part
- The company that owned, loaded, or otherwise handled the cargo
- A government agency or private contractor who failed to properly design, build, or maintain a road if poor road conditions contributed to a collision
6. Injuries Are Often Catastrophic
When a big rig strikes a smaller passenger vehicle, the occupants often suffer serious or catastrophic injuries. This could include spinal cord injuries, traumatic brain injuries, loss of limb, burns and scarring, and other life-altering injuries. They may require weeks or months of inpatient treatment, recuperation, and rehabilitation.
This could delay hiring an attorney or getting started on their case. It could also make it so that they cannot communicate with their lawyer about their case or advocate for themselves. An immediate family member may need to manage their case for them during this time.
Why Is It Important to Understand the Challenges in a Truck Accident Case?
Truck accident injuries are often serious, costing a lot of money to treat and rehabilitate while also keeping the victim out of work. Recovering fair compensation is the best way to ensure they can get the care they need and secure the money to keep their family on firm financial footing.
When this happens to you, it is important to know what to expect. Understanding the challenges that come with many truck accident cases allows you to prepare to manage them, including hiring a truck accident lawyer as soon as possible. Your legal team will deal with the claims process and manage your case while you heal.
How Will a Truck Accident Lawyer Help Me Overcome These Challenges?
When you hire a truck accident lawyer, they will handle your case from start to finish. You can expect them to investigate the crash, gather evidence, and demand maximum compensation based on the compelling case they present.
The recoverable damages they will pursue in these cases could include:
- Medical care costs, current and future
- Lost income, including wages and benefits
- Reduced earning ability for long-term injuries
- Related expenses
- “Pain and suffering” and inconvenience
If your loved one died from their Virginia truck accident injuries, a Manassas wrongful death lawyer will handle your claim.
Generally, under Va. Code § 8.01-243, individuals and families have up to two years to begin a lawsuit based on injuries or wrongful death. However, you could have more or less time based on the details of your case.
Discuss Your Virginia Truck Accident With Our Team for Free Today
Parrish Law Firm provides a FREE claim review for truck accident victims across Virginia. We have someone in or near your location who can discuss your case and legal options. Call us to learn more about how our truck accident attorney can help.
Call or Text 571-229-1800 or Complete a Free Case Evaluation form