Archives for November 2017

Commercial truck accidents differ from passenger car accidents in a number of ways, including:

• Severity of damage
• The potential causes of the crash
• The evidence gathering process
• The number of potentially liable parties
• Potential compensation

Below, the legal team at Tronfeld West & Durrett details these differences and how they can affect a truck accident claim.

Severity of Damage

Commercial trucks are much bigger and heavier than typical vehicles; thus, they have the potential to cause far more destruction. The force of a tractor-trailer accelerating at the same speed as a car, truck, or SUV is significantly higher, and therefore can cause much
more damage.

Property damage and personal injuries tend to be much worse in commercial truck accidents. The other vehicle is often a total loss, its driver and passengers frequently suffering severe injuries, such as head trauma, spinal injuries, and broken bones.

Potential Accident Causes

Most traditional auto accidents result from a variation of one thing: driver error. It could be texting, driving under the influence, failing to check a blind spot, following too closely, or any number of mistakes. But it almost always involves a mistake by one or both drivers.

Commercial truck accidents are not always so cut and dry. One, semi-trucks are more complex machines than traditional automobiles; thus, there is a higher possibility of mechanical error.

Also, truck drivers are known for keeping brutal hours, and fatigue is an inescapable part of the job. Though legislation in recent years has tightened the rules on how many hours truckers can drive and how long they must rest, fatigued driving remains a factor in many accidents involving commercial trucks. While driving drowsy is still negligence, it can be difficult to determine whether the truck driver or the trucking company was the primary negligent party.

The Evidence Gathering Process

In a typical car accident, much of the evidence is mostly out in the open for each party to recover. However, in a truck accident, much of the evidence rests in the hands of the trucking company, which may legally destroy it after a certain period of time. A good truck accident lawyer will know to send a spoliation letter immediately to preserve any necessary evidence.

Liable Parties

In typical auto accidents, the liable parties usually involve one or both drivers. However, in a trucking accident, the trucking company, not the driver, is often your liable party. This is because of the vicarious liability doctrine which holds employers liable for their employees’ actions so long as the employee was acting within the scope of his employment. This can be a good thing for drivers involved in semi-truck accidents, as trucking companies tend to have greater financial resources than individual drivers, and as a result, they have more money available to pay large settlements. However, it can also make recovering compensation more difficult.

Compensation Level

The amount of compensation is often higher in a commercial truck accident. This is for two reasons. One, the damage is usually greater, resulting in higher medical bills, more time away from work, and so on. Also, trucking companies are more likely to have the money available to pay out a large settlement than an individual driver.

Involved in a Commercial Truck Accident? Call the Legal Team at Tronfeld West & Durrett for Help.

The attorneys at Tronfeld West & Durrett can help Virginia residents win maximum compensation after a commercial truck accident. They know how to gather evidence, prove liability, and aggressively negotiate for a large settlement. Let them put their knowledge, experience, and resources to work. To set up a free consultation, call our office today at 804-358-6741.

If someone drives another person’s car and wrecks it, the owner’s insurance is likely liable for any damages or injuries, regardless of whether he was even in the car at the time of the accident. However, it is important to note that liability depends on a few factors.

Did the Driver Have the Owner’s Permission to Drive the Car?

The first question any insurance company will ask if someone drives another person’s car and wrecks it is: did this person have permission to drive the vehicle? If so, the owner’s insurance policy should cover him. The driver’s insurance will kick in after the owner’s pays out the policy maximum.

There are two ways that a person can obtain permission to drive another person’s vehicle:

• Being a named insured
• Receiving permission from the owner

Named Insured

The owner specifically lists that person as a “named insured” on his auto insurance policy.

For instance, suppose Ethan’s truck’s title has only his name on it, but he lists his brother, who lives in the same town and occasionally borrows his truck for home improvement projects, as an additional named insured on his insurance policy. If Ethan’s brother wrecks his truck, he is covered under Ethan’s policy even if he did not permit him to drive his vehicle in that specific instance.

Verbal Permission

Any driver not listed as a named insured is only judged to have permission if expressly granted. Consider the following: two friends, Adam and Brian, are watching the game together. Adam offers to go pick up snacks from the store; Brian allows him to borrow his
car, telling him to come right back afterward.

On the way there, Adam rear-ends another vehicle, causing significant damage to both
cars. Since Adam was driving Brian’s car within the scope of the permission granted to
him, Brian’s insurance should cover the damage just as if he had been driving himself.

Limited Verbal Permission

Now, suppose that on the way back from the store, Adam decides to run a few personal errands. While running these errands, he fails to check his blind spot and sideswipes a van.

This situation is a little trickier, as even though Adam had permission to drive Brian’s car, the scope of the permission did not include running his own personal errands. Because he was driving outside his scope of permission, Brian’s insurance would probably decline to
cover the damage, and Adam would have to file a claim with his own insurance or pay out of pocket. However, Brian will likely have a difficult time proving this, especially if he had previously given Adam permission to use his car to run a personal errand.

The Omnibus Clause and Excluded Drivers

In addition to dictating others as named insureds, Virginia auto insurance policies also contain something called an omnibus policy. It states that family members who live in the same household or are away at school but list the owner’s home as a permanent residence are automatically assumed to have permission to drive the owner’s vehicle.

This generally means the owner’s spouse or partner, plus any kids who are licensed drivers, but can also include parents or other family members who live in the same household.

Certain states allow policyholders to exclude specific drivers from coverage (e.g., Maria excludes her daughter, who is a reckless driver, from coverage). Virginia is not one of those states.

So, owners whose family members take the car without permission and crash it will likely face higher premiums because the insurance will be liable for any damages or injuries.

What If a Driver Takes a Car Without Permission?

If someone takes another person’s car without permission and crashes it, chances are that person’s insurance will be liable for any accident that occurs. However, this can be more complicated if prior permission existed. For example, Cathy lets her friend Dana borrow her car once a week to get groceries. Dana needed to go to a doctor’s appointment so she took Cathy’s car without permission and crashed it.

While Cathy did not give Dana permission to borrow her car for that trip, she had given her permission to use it prior to that. Dana’s insurer might claim that because prior permission existed, Dana thought she was free to use the car whenever she needed it and is
therefore not liable for the accident costs.

Still Have Questions? Speak with a Car Accident Lawyer in Virginia.

The attorneys at Tronfeld West & Durrett understand the complexities of Virginia’s insurance laws we can help drivers sort through any accident situation. Our legal team works to shield our clients from liability and win any compensation for which they are eligible. Call 804-358-6741 to set up a free consultation today.

The at-fault party is financially responsible when they cause injury to another person. But when both sides point the finger at each other – or even when one party is just a little bit at fault – it complicates the case.

Virginia is a contributory negligence state. The contributory negligence law states that if a person is at all at fault for the accident – even one percent at fault – then they cannot collect compensation from the other party. So even if the other party is almost entirely at fault, if the insurance company argues the claimant was just a little bit at fault, then they may be unable to get compensation.

That makes it vitally important that people injured in accidents speak with a personal injury lawyer. A lawyer will anticipate these arguments from the insurance company and protect injured parties from accusations of partial fault, thus helping them get full compensation for their damages.

How to Fight Back Against Accusations of Partial Fault

Given the stakes when the insurance company or defendant argues that the claimant is partially at fault, and therefore ineligible to get compensation, those injured need to fight back to protect their right to compensation.
A lawyer can help claimants retrieve, compile, and present evidence that proves the other party’s fault and refutes any suggestion that the injured party is partly at fault. The relevant and available evidence differs from case to case but might include:

• Police reports
• Eyewitness statements
• Video surveillance
• Photo evidence
• Accident reconstruction
• Vehicle inspections

Further, some insurance companies might misuse statements from the claimant by taking them out of context to suggest an admission of fault. Anybody injured in an accident should decline to give the insurance company a recorded statement until they speak with a lawyer. A car accident lawyer can prepare claimants before providing a verbal or written  statement so they avoid common pitfalls that may put the liability claim into jeopardy.

How Is Virginia’s Contributory Negligence Law Different From Other States?

Most states follow comparative negligence, which says that injured parties can pursue compensation from a liable party if the injured party is not 50 or 51 percent at fault, depending on the state. So even when an injured party in a comparative negligence state is partially at fault, they can still get compensation for their damages.

The claimant’s settlement or judgment is reduced by their proportion of fault, however. So, claimants who were 10 percent at fault for an accident and suffered $50,000 in damages can only get $45,000 (i.e., the full amount of damages minus 10 percent).

Call 804-358-6741 for a Free Consultation With a Personal Injury Lawyer

The aftermath of an accident is never easy, and Virginia’s contributory negligence laws make it even more challenging. Work with a committed legal team to represent your best interests and fight for the compensation you deserve. Find extensive information on car crash incidents. The Richmond personal injury lawyer team at Tronfeld West & Durrett can help. Call 804-358-6741 to set up a free consultation today.

Anything can happen on the road. To ensure they are not blindsided by any event, Virginia drivers should make sure they stock their cars with the following necessities.

Items for Car Maintenance and Breakdowns

Unfortunately, cars break down. While no one can ever fully prepare for it, drivers can ensure they have a few things that keep a break down from becoming disastrous:
• Spare Tire, Jack, and Tire Iron: Drivers should also keep a manual in their car that guides them through the safe and proper way to change a tire. Drivers should always replace the spare tire after using it.
• Tire Repair Kit: This will stop a tire from leaking and enable a driver to get to safety. Drivers should limit the miles they drive on a repaired tire.
• Jumper Cables: These make a dead battery a minor inconvenience rather than a catastrophe.
• Booster Pack: Drivers can use a booster pack and jumper cables to jumpstart their cars if no other drivers are around.

Safety and Daily Necessities

If drivers are stranded after an accident or breakdown, the following items help ensure they stay safe, hydrated, and connected with family and emergency personnel.
• First Aid Kit: While some cars come with a first-aid kit, drivers should make surethey keep theirs stocked and appropriate for their family’s specific needs. Drivers, at the very least, should include band-aids, a magnifying glass, antiseptic wipes, sterile gauze, ointment, and gloves.
• Flashlight: Changing a tire or checking under the hood at night without a flashlight can be impossible. It also helps other drivers and emergency personnel see you.
• Healthy, Non-Perishable Snack Foods: Some drivers are stranded for hours or even overnight after a breakdown or accident. Non-perishable snacks like granola bars, nuts, and jerky can keep drivers and passengers full and energized.
• Water Bottles: Water is a necessity, even for drivers who are only stranded for an hour or two waiting for a tow truck.
• Medications: Most people do not consider packing a day’s worth of necessary medications when they head to work; however, a break down or accident can become deadly if a passenger requires medication.
• Cell Phone and Portable Charger: Drivers should keep their cell phones and portable charging block in their car at all times. Drivers can get a portable charging block at any drug store.
• Seat Belt Cutter and Window Breaker: While rare, it is possible to get trapped in a car after an accident.
• Reflective Triangles: Drivers who break down or are involved in an accident should pull over and place these reflective triangles behind their car. Drivers might also consider packing a high-visibility vest to promote visibility.
• Paper Maps: When a phone loses power, or goes out of service range, a driver can be stranded. Drivers should place a book of maps and a compass in their glove box.
• Money Stash: Drivers never know when they will need cash. Keep a stash handy in a safe place. Men’sHealth.com recommends keeping it hidden in an old sock in your trunk.
• A List of Important Phone Numbers: Phones die. Drivers could be out of luck if they cannot remember important numbers they need to call. Drivers should also keep a pen with that paper list.

Weather-Related Items

Inclement weather can happen at any time. Drivers should always keep the following in  their car:
• Ice scraper: Drivers trying to head to work in the morning after a chilly night can find themselves stranded if their cars do not have an ice scraper.
• Mylar space blanket: A Mylar space blanket can keep drivers and passengers warm until help arrives. Drivers might also consider packing a sweater, hat, pair of gloves, and a pair of socks for each passenger.
• Blanket: Packing a blanket can protect drivers’ knees from wet or hot pavement when changing a tire.
• Umbrella: Drivers should always keep an umbrella or raincoat in the car.
• Kitty litter: Kitty litter helps give traction to a car stuck in the snow. It can also help clean up messes if someone gets carsick.
• Change of clothes: This can help drivers keep warm if stuck overnight or simply keep them from wearing soaking wet clothes if they needed to change a tire in the rain.

Stay Safe with Tronfeld West & Durrett

Our attorneys never want to see a Virginia resident or visitor suffer injury in an accident. However, we are always there when something unfortunate happens. Drivers can always count on Tronfeld West & Durrett for help after an accident. We know how to navigate the accident claims system and recover the compensation our clients deserve. Drivers can call 804-358-6741 for claim help.