Tronfeld West & Durrett

Depending on their severity, brain injuries can be life-altering and have a significant impact on a person’s quality of life. It’s crucial to recognize the signs of a brain injury early on to get the proper medical treatment and pursue legal action if it was caused by someone else’s negligence.

Here, we’ll cover what is a brain injury, what symptoms it involves, how they are diagnosed, and how to pursue legal action after a brain injury in Virginia. 

What is a Brain Injury?

A brain injury occurs when brain function is disrupted by an external factor like a blow or jolt to the head. This often results from accidents or falls. However, brain injuries can also be caused by other factors, like infections or disease. The severity of brain injuries can vary widely, and they range from mild concussions that temporarily affect brain cells to severe, long-term damage impacting all aspects of a person’s life. 

According to the Centers for Disease Control and Prevention, there were over 69,000 TBI-related deaths in the United States per year according to the last reports. That’s about 190 TBI-related deaths every day! In this scenario, it’s very important to be aware of brain injury symptoms and treat them early on, but also to look for legal help in order to claim compensation to cover medical bills.

Types of Brain Injuries

The spectrum of brain injuries includes concussions, contusions, and more severe injuries such as diffuse axonal injuries or penetrating injuries. Each type carries its own prognosis and potential for long-term effects:

• Concussions: Common yet serious, concussions disrupt brain function, causing symptoms like headaches, dizziness, and confusion. While often temporary, they can have lasting effects if repeated.
• Diffuse axonal injuries: Caused by severe shaking or rotational forces, these injuries involve the tearing of brain tissue and can lead to significant long-term damage, including comma or persistent vegetative state.
• Penetrating injuries: Occurring when an object breaks through the skull, these injuries are extremely serious, often leading to severe brain damage or death, depending on the injury’s location and severity.

Each type of injury requires careful medical evaluation and can have significant legal implications if caused by another’s negligence. In cases where a brain injury is the result of an accident or incident caused by another party, legal action may be necessary to ensure that victims receive the compensation they deserve. This compensation can cover medical expenses, lost wages, and other damages resulting from the injury. 

Physical Symptoms

Physical manifestations of a brain injury can be immediate or delayed, ranging from headaches and nausea to more severe symptoms like seizures or paralysis. The National Institute of Child Health and Human Development offers a complete list of TBI symptoms, according to their severity.

The most common physical symptoms of brain injury include:

• Headaches
• Dizziness
• Nausea
• Vomiting
• Sensitivity to light and sound
• Fatigue
• Loss of consciousness

Cognitive and Emotional Symptoms

Beyond the physical, brain injuries often also entail cognitive and emotional symptoms, which can be profoundly disorienting and affect every facet of daily life. The most common cognitive and emotional symptoms of brain injury include:

• Confusion
• Memory loss
• Difficulty concentrating
• Mood swings
• Depression
• Anxiety

Whether the symptoms are physical, cognitive, or emotional, they signal a need for immediate medical attention. Timely and accurate diagnosis can significantly influence the treatment and rehabilitation process, potentially mitigating long-term effects.

The Process of Diagnosing a Brain Injury

If you suspect that you have suffered a brain injury, it’s important to seek medical attention immediately. A doctor can perform a variety of tests to diagnose a brain injury, including:

Initial Assessment

The initial medical assessment following a head injury is critical for determining the immediate needs and the next steps to take for recovery. Healthcare professionals will evaluate the individual’s mental status using the Glasgow Coma Scale to assess the severity of the injury and perform a physical examination.

Imaging Tests

Imaging tests such as CT scans and MRIs are indispensable tools in the diagnosis of brain injuries to identify any abnormalities in the brain. These tests provide detailed images that can reveal the presence of hematomas, contusions, and swelling in the brain, which are vital when formulating a treatment plan.

Neuropsychological Tests

Lastly, neuropsychological assessments are used to understand the impact of brain injury on cognitive functions, including memory, attention, and language skills. These tests help delineate areas of impairment and are also essential in planning for rehabilitation and recovery.

The journey to diagnose a brain injury is a critical step in the path to recovery and rehabilitation. It involves a combination of medical expertise, advanced technology, and comprehensive testing. Each stage of the diagnosis, from the initial assessment to the detailed neuropsychological tests, is designed to provide a clear picture of the injury’s impact. 

Seeking Legal Help for a Brain Injury

If you or a loved one has suffered a brain injury due to someone else’s negligence, it’s important to seek legal help as soon as possible. At Tronfeld West & Durrett, our brain injury lawyers can help you understand your legal options and pursue adequate compensation to cover the full extent of your losses.

The first step is to contact us to schedule an initial consultation. During the consultation (which is free), we will discuss and evaluate the specific circumstances surrounding your brain injury. If we determine that you have a viable case, we can handle all aspects of the legal process. This includes gathering evidence, interviewing witnesses, and negotiating with the other party’s insurance company.

We have over 50 years of experience handling personal injury cases in Virginia, and our lawyers are committed to working tirelessly to ensure you receive the compensation you deserve. Don’t hesitate to contact us today and schedule your free consultation.

Rear-end collisions are one of the most common types of car accidents in Virginia. They can cause significant damage to vehicles and result in serious injuries to drivers and passengers, which can include, but are not limited to, brain injuries or other types of catastrophic injuries.

Virginia, like many states, has specific guidelines that determine fault in such incidents and help protect trucking accident victims. That’s why in today’s article, we’ll delve deep into Virginia’s laws to shed light on the factors that play a key role in determining fault and the subsequent steps you should take after a rear-end collision.

Virginia Traffic Laws and Rear-End Collisions

Virginia’s traffic laws are designed to ensure the safety of all road users. When a driver fails to follow traffic laws and causes a motor vehicle accident, they may be held liable for any resulting damages. However, determining fault in a rear-end collision can be complicated and depends on several factors:

What Virginia Law Says About Rear-End Collisions

Virginia’s traffic laws, as outlined in Chapter 8 of the Virginia Code, emphasize the responsibility of drivers to maintain a safe following distance and be aware of their surroundings. This means that if a driver fails to stop and rear-ends the vehicle in front, they are typically considered at fault. 

However, there are exceptions and nuances to this rule which are crucial to understand. 

For example, if the driver in front suddenly stops or makes an unexpected turn, they may be partially or fully at fault for the accident. On the other hand, if the driver who rear-ends another vehicle can prove that the other driver was negligent or contributed to the accident in some way, they may not be held fully responsible for the damages.

How Determining Fault in a Rear-End Collision Works

Fault determination isn’t always black and white. While the rear driver is often deemed responsible, certain circumstances can shift the blame or distribute it between both parties.

For instance, as we recently covered, if the front driver suddenly stops without reason or if their brake lights are malfunctioning, they might share some of the blame.

Overall, determining fault in a rear-end collision involves examining the circumstances surrounding the accident and gathering evidence. This may include witness statements, police reports, and photos of the accident scene. In this scenario, an experienced personal injury attorney can help you gather and present relevant evidence to support your claim.

Factors That Determine Fault in Rear-End Collisions in Virginia

While the driver who rear-ends another vehicle is typically considered at fault for the accident, there are several factors that can impact fault determination, such as:

Following Distance

A key factor in many rear-end collisions is the following distance. This refers to the amount of space between your vehicle and the vehicle in front of you.

Virginia law mandates that drivers maintain a safe distance from the vehicle in front, taking into account speed, traffic, and road conditions. A safe following distance is recommended to allow for sudden stops or changes in traffic.

After a rear-end collision, if it’s proven that the rear driver was tailgating or failed to maintain this safe distance, they are likely to be held liable.

Vehicle Speed

Vehicle speed is another crucial determinant in rear-end collisions. A driver traveling at an excessive speed might not have adequate time to react to sudden stops or changes in traffic flow.

If investigations reveal that the rear driver was speeding, it further solidifies their fault in the collision and they will probably be held responsible for any resulting damages.

External Factors that Affect Fault Determination in Rear-End Collisions

External factors often play a significant role in car accidents because poor road conditions, such as potholes or unexpected debris, can cause a driver to brake suddenly. 

On the other hand, adverse weather conditions like heavy rain or fog can reduce visibility and road grip, leading to severe accidents. Similarly, erratic driver behavior, such as sudden lane changes without signaling, can also contribute to rear-end accidents. 

In such scenarios, the fault might be shared or even shifted entirely. For example, if the road is wet or icy and a driver loses control of their vehicle, they may not be held fully responsible for any resulting damages. On the contrary, if a driver is distracted or under the influence of drugs or alcohol, they may be held fully liable.

What to Do After a Rear-End Collision

If you’re involved in a rear-end collision, there are several steps you should take to protect your legal rights and ensure your well-being.

Steps to Take After a Rear-End Collision

After ensuring everyone’s safety and seeking medical attention if needed, it’s essential to gather evidence. As we recently covered, gathering evidence involves taking photos of the accident scene (including any damage to your vehicle and the surrounding area), collecting witness statements, and noting down the contact details of the other driver. 

Also, make sure to report the accident to the police. Obtaining a copy of the police report can be invaluable, especially when seeking compensation. It’s also advisable to inform your insurance company about the accident as soon as possible. But the truth is it’s best to talk with a trucking accident lawyer first because other parties might want to take advantage of your situation and offer less than you deserve.

Don’t Settle For Less Than You Deserve: Find Legal Help to Claim Compensation in Virginia

If you believe the other party was at fault or if there are complications regarding the determination of fault, the best course of action is to consult with a personal injury attorney. This is because, as we just saw, determining fault can be a complex process influenced by various factors.

In this uncertain scenario, an experienced local attorney can guide you through the whole legal process, ensuring your rights are protected and helping you secure the compensation you deserve. Especially in cases where injuries are severe or there’s significant property damage, having legal representation can make a world of difference.

At Tronfeld West & Durrett, we have a proven track record of success in helping victims recover compensation after rear-end collisions and other types of motor vehicle accidents. Contact us today to schedule a free consultation and learn about the legal options available to you.

Truck accidents are a significant concern on Virginia’s roads: due to their size and weight, trucks can cause significant damage and injuries in the event of a collision. While each case is unique, there are certain types of accidents that occur more frequently than others every year in Virginia. 

In this scenario, understanding the most common types of truck accidents not only raises awareness for people to stay safe on the road but also equips individuals with the necessary knowledge to seek legal help after a truck accident. 

Let’s explore what are the most common types of truck accidents in Virginia:

Rear-End Accidents

Rear-end accidents are one of the most common types of truck accidents and occur when a truck collides with the vehicle in front of it. In fact, according to the Federal Motor Carrier Safety Administration (FMCSA), collision with a vehicle in transport was the first harmful event in over 80% of injury crashes involving large trucks in recent years.

These accidents involving trucks often result in severe damage and injuries, given the momentum, weight, and braking distance of trucks. That’s why it’s essential to pursue legal action if the accident was caused by the other party’s negligence or wrongdoing. Even when insurance companies often try to intimidate trucking accident victims, the truth is you are entitled to receive fair compensation according to the damages you suffered.

Overall, rear-end accidents can happen due to a variety of reasons, but the most common ones include distracted driving, speeding, and following too closely. Depending on the specific circumstances surrounding your case, proving liability and recovering damages afterward will be more or less complex. 

Jackknife Accidents

Jackknife accidents, a phenomenon often observed on highways involving large commercial vehicles, are characterized by the truck’s trailer swinging out in a manner that it forms an acute angle with the truck’s cab, reminiscent of the angle a folding pocket knife makes when partially opened. Such incidents, while not frequent, carry with them a heightened risk of severe consequences, particularly due to the substantial size and momentum of the vehicles involved.

The underlying causes of these accidents are multifaceted and can be traced back to a combination of factors. Among these, sudden and forceful application of brakes can lead to the trailer losing its synchronized movement with the cab, thereby causing it to swing out. Roads that are slick due to rain, snow, or ice present a challenging environment where the tires struggle to maintain a firm grip, increasing the likelihood of the trailer skidding and eventually leading to a jackknife situation. Additionally, when vehicles are operated at speeds higher than what is deemed safe for the prevailing road and weather conditions, the chances of the truck losing its stability are amplified. 

Rollover Accidents

Rollover accidents are among the deadliest truck accidents because they can cause serious injuries to the driver and passengers of the truck (and even wrongful death). This type of accident happens when a truck tips over onto its side or roof, and can also involve multiple vehicles due to the size of a truck.

Statistics are alarming. The Large Truck Crash Causation Study was a study conducted by the Federal Motor Carrier Safety Administration (FMCSA) that reviewed 239 rollover crashes to identify their causes. Almost half of those crashes resulted from five common causes: failing to adjust speed to curves in the road, the nature of the load being carried, the condition of the brakes, the road surface, and intersection conditions.

Blind Spot Accidents

Blind spot accidents occur when a truck driver cannot see another vehicle, colliding with them. This type of accident happens most often when a vehicle is traveling alongside or behind a truck. 

In fact, trucks have larger blind spots than regular vehicles, making them more prone to blind spot accidents. These “no-visibility zones” can indeed lead to severe accidents if other drivers aren’t aware of them. 

In this sense, American Trucking Associations emphasizes the importance of being aware of these blind spots to ensure safe driving around trucks. The blind spots of a truck include: 

• The area directly behind the truck;
• The area directly in front of the truck; 
• And the areas on either side of the truck.

But if sadly you have been involved in this type of accident, we have to mention that proving who was negligent is a true challenge that your lawyer will need to address according to specific circumstances surrounding your case.

Tire Blowout Accidents

Tire blowout accidents occur when a tire on a truck suddenly bursts, causing the truck driver to lose control. Regular maintenance and tire checks can prevent most blowouts. However, when they do occur, the results can be devastating, and even lead to multi-vehicle accidents.

Tire failure was the most common vehicle-related factor for large trucks in fatal crashes in recent years, according to the FMCSA. Tire blowout accidents can happen due to a variety of reasons, but they are most often caused by overloading, poor maintenance, and manufacturing defects. If this was your case, you might be entitled to compensation to cover the damages caused by a negligent party who failed to provide proper maintenance to a vehicle.

Seeking Legal Help After a Trucking Accident in Virginia

From medical bills to insurance claims, you may feel overwhelmed about what are your options and what steps to take in order to claim for justice. In this scenario, having an experienced local attorney by your side can make all the difference in the outcome of your truck accident case.

Our team of personal injury lawyers can help you through the whole legal process, ensuring your rights are protected, determining who is at fault for the accident, and pursuing compensation for your injuries and damages. 

If you’ve been involved in a truck accident in Virginia, don’t hesitate to seek expert legal advice. Contact us today and get a free consultation to evaluate your situation and plan together a strategy to build a strong case.

Virginia has its unique set of regulations governing the trucking industry to ensure everyone’s safety on the road. However, accidents happen, and if you’ve been involved in a trucking accident in Virginia, you need to know that local trucking laws play a crucial role in determining the outcome of all trucking accident cases, especially when vehicles involved come from other states with different regulations.

That’s why in today’s post we’ll dive deep into the specifics of Virginia’s trucking regulations, offering insights on the topic and highlighting the potential damages you might recover after an accident.

Overview of Trucking Laws in Virginia

Trucking laws, not only in Virginia but in every state, aim to strike a balance between facilitating commerce and ensuring road safety. Nevertheless, Virginia has unique trucking laws that are important to understand for every victim injured in a trucking accident:

In Virginia, truck drivers need to adhere to a strict set of guidelines, some of which are detailed on the Virginia Department of Transportation (VDOT) website. These encompass everything from weight limits to hours of service, and truck drivers who violate these laws can be held liable for any accidents they cause.

These are the most important laws truck drivers need to follow:

• Commercial driver’s license (CDL) requirements.
• Hours of service regulations.
• Weight limits and permits.
• Drug and alcohol testing.
• Insurance requirements.

How Do Trucking Laws in Virginia Compare to Other States?

Virginia’s trucking laws are similar to those in other states, particularly neighboring states. However, there may be some differences in specific regulations.

For example, Virginia’s size and weight limits for trucks slightly differ from those in Maryland or North Carolina, according to the Federal Highway Administration (FHWA). Specifically, Virginia’s truck weight limits for vehicles in regular operations are 20,000 lbs for single-axle vehicles and 34,000 lbs for tandem-axle vehicles.

However, in Maryland, the limits are also 20,000 lbs for single-axle vehicles (if the gross vehicle weight is more than 73,000 lbs), but 22,400 lbs if the gross vehicle weight is 73,000 lbs or less. On the other hand, in North Carolina, the weight limit for tandem-axle vehicles is 38,000 lbs, while the weight limit for single-axle vehicles is equal to Virginia’s.

So, there are divergences between Virginia’s truck weight limits and those of other states. The same happens with other trucking laws, such as length and width standards, as well as exemptions to federal truck size and weight limits. That’s why it’s important to know the trucking laws that specifically apply to Virginia in case of a trucking accident.

Specific Trucking Laws in Virginia

Hours of Service Regulations

Virginia mandates specific hours of service for truck drivers, which are designed to minimize the risk of accidents due to driver exhaustion. Truck drivers are required to follow the following regulations regarding hours of service:

• 11-hour driving limit: After driving for 11 hours, the driver must take 10 consecutive hours off duty before they can drive again.
• 14-hour limit: After being on duty (both driving and non-driving tasks combined) for 14 hours, the driver cannot drive again until they’ve had 10 consecutive hours off duty. Importantly, any off-duty breaks taken during this 14-hour window don’t extend or pause the 14-hour limit.
• Rest breaks: After 8 hours of driving, truck drivers must take a 30-minute break.
• Weekly limits: The weekly limits include not driving for more than 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.

When these regulations are not met and accidents occur due to the negligence of drivers or trucking companies, victims are entitled to receive fair compensation to cover all the damages.

Weight Limits and Permits

On the other hand, commercial trucks in Virginia are also subject to specific weight limits, as detailed in the Virginia Department of Motor Vehicles. These requirements are designed to prevent damage to roads and bridges, and exceeding these can result in hefty fines and potential legal consequences.

In Virginia, the maximum weight limit for commercial trucks is 80,000 pounds. However, there are ways to obtain overweight permits, but only when no other form of transportation is available and the load cannot be reduced to meet legal limits.

Drug and Alcohol Testing

Virginia has strict drug and alcohol testing requirements to ensure its truck drivers aren’t impaired when driving. These tests are designed to detect and deter substance abuse, which is a leading cause of trucking accidents. 

This is why truck drivers are required to undergo drug and alcohol testing pre-employment (before they’re hired) and post-accident (after an accident that involves a fatality, a citation for a moving violation, or a vehicle being towed from the scene). Furthermore, truck drivers are also subject to random drug and alcohol testing throughout the year.

Insurance Requirements

Most commercial trucks must carry liability insurance with the following minimum coverage:

• $50,000 for bodily injury or death of one person.
• $100,000 for bodily injury or death of two or more people.
• $25,000 for property damage.

However, it’s important to note that, although this is the case for most commercial trucks, some types of cargo or vehicles may require higher coverage amounts. For example, freight trucks, or tractor-trailers, traveling on the interstate are required to carry a minimum of $750,000 in coverage.  Trucks carrying hazardous materials need to carry a minimum of a $5,000,000 insurance policy. 

Overall, these policies are in place to provide financial protection to victims in the event of a trucking accident, ensuring they can be adequately compensated for their injuries and damages.

Proving Liability and Holding Responsible Truck Drivers Accountable

When it comes to proving liability in a truck accident case, there are some things to keep in mind, including:

Burden of Proof

The burden of proof for trucking accidents is on the plaintiff. This means that the victim must present compelling evidence to establish the truck driver’s negligence or wrongdoing.

In the case of trucking accidents, negligence can include actions such as speeding, driving under the influence of drugs and alcohol, or failing to follow hours of service regulations, among other causes.

Evidence

To prove liability in a trucking accident case, it’s important to gather as much evidence as possible. Evidence indeed plays a crucial role in strengthening claims, and can include:

• Police reports
• Witness statements
• Photos of the accident scene
• Medical records
• Maintenance records of the truck
• And any other documentation relevant to the case

Damages You Are Entitled to Recover After a Trucking Accident

Virginia’s legal framework provides avenues for victims of trucking accidents to seek compensation for their injuries and losses. There are various types of damages you may be entitled to recover, including economic, non-economic, and punitive damages.

Economic Damages

Economic damages refer to tangible costs incurred due to the accident. These are easily quantifiable and include medical bills, lost wages, and property damage. In Virginia, victims can claim these damages to alleviate the financial strain post-accident.

Non-Economic Damages

On the other hand, non-economic damages refer to intangible losses, such as pain and suffering, emotional distress, and loss of companionship. These can certainly be more difficult to quantify, however, victims need to secure compensation for these damages as well due to the significant strain they pose on a person’s life.

Punitive Damages

In cases where the truck driver’s actions were particularly malicious, victims can pursue punitive damages. These are designed to punish the wrongdoer and deter similar behavior in the future. For example, in cases that involve driving under the influence of drugs or alcohol or intentionally causing an accident, the victim can be awarded punitive damages.

How an Attorney Can Protect Your Rights After a Trucking Accident in Virginia

Securing legal representation after a trucking accident is key to covering medical expenses, lost wages, and even emotional pain. But also, it’s needed to hold responsible parties accountable and make Virginia a safe place to live. 

If you are the victim of a truck accident, a local personal injury attorney can help you understand the complex trucking laws in Virginia and gather the necessary evidence to build a strong case.

At Tronfeld West & Durrett, we have 51+ years of experience helping clients who have been involved in trucking accidents in Virginia. Don’t hesitate to contact us for a free consultation and we’ll evaluate your case to help you build a strong case on your behalf. Explore our comprehensive guide on traffic accidents involving cars.