Tronfeld West & Durrett

Most Common Types of Truck Accidents

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.

Head-On Collisions

Head-on collisions between vehicles, particularly involving large trucks, are among the most catastrophic accidents on Virginia’s roads. Our expert legal team at Tronfeld West & Durrett highlights that these collisions often result from distracted driving, driver fatigue, or driving under the influence. The severe outcomes of such incidents underscore the necessity for victims to obtain skilled legal representation.

Our truck accident lawyers are dedicated to ensuring that victims navigate the complexities of these cases effectively, aiming to secure the full compensation that reflects the gravity of their injuries and losses.

Wide-Turn Accidents

Wide-turn accidents present unique challenges, especially in urban environments where trucks making wide right turns endanger other vehicles. At Tronfeld West & Durrett, our legal professionals understand the dangers posed by trucks’ blind spots and misjudgments during these maneuvers.

We are committed to providing victims with the comprehensive legal support needed to address liability and claim compensation. Our experienced attorneys meticulously investigate each case to ensure that all factors, including truck driver error and road conditions, are considered in seeking justice for our clients.

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.

What are the Trucking Laws in Virginia?

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.

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.

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, axle weight limits are strictly enforced to preserve roadway integrity and safety. Single axles are limited to 20,000 pounds, tandem axles to 34,000 pounds, and tridem axles must adhere to specific limitations based on the inter-axle spacing. These regulations are designed to prevent excessive wear and damage to roads and bridges.

Truck operators must ensure their vehicle complies with these limits to avoid penalties. For loads exceeding these limits, special permits can be acquired under certain conditions, ensuring the load is unavoidable and cannot be divided. Compliance with these guidelines is vital for all commercial transportation activities within the state.

Understanding Federal Trucking Laws

Federal trucking regulations are crucial for maintaining road safety and legal compliance. Our truck accident lawyers at Tronfeld West & Durrett emphasize the importance of understanding these laws, including hours of service, maintenance requirements, and driver qualifications. Familiarity with these regulations helps in identifying breaches that may contribute to accidents and liabilities.

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.

TWD Attorney Chris Yakubisin Co-Counsel for Virginia’s 13th Largest Verdict in 2019

Christophers Yakubisin

Attorney Chris Yakubisin recently served as co-counsel for the 13th largest verdict in Virginia in 2019. The case involved a surgical lap pad that was left inside plaintiff Waverly Adcock during emergency surgery. At the conclusion of the trial, Adcock was awarded damages of $1,250,000. This verdict was the 13th largest verdict in Virginia in 2019. You can read more about the case details below and see the full list of verdicts here.

Meet Our Team: Paralegal Grace Herrera

Grace Herrera is a litigation paralegal with the firm. She has been with Tronfeld West & Durrett for over 30 years. Grace began her career as a legal secretary and then continued her education to become a paralegal. Learn more about Grace, her family and what it is like working for Tronfeld West & Durrett below:

Navigating the Aftermath of Motorcycle Accidents in Virginia: Understanding Your Legal Rights

Factors in Motorcycle Accidents

Most motorcyclists thoroughly enjoy the thrill and excitement that comes with riding a motorcycle, however ,this excitement can bring certain dangers. Any time a motorcycle is involved in an accident with a vehicle, it is a pretty sure bet the motorcyclist suffer injury or death due to the disparity in size between a motorcycle and a vehicle and the lack of protection for the motorcyclist. Specific factors in motorcycle accidents include:

Poor Visual Recognition—Simply by virtue of being smaller than a car, there is a much greater likelihood that a motorcycle will be obscured by other vehicles, by the road, or by certain weather conditions. Intersections are high danger zones for motorcycle riders, with about one-third of all motorcycle vs. automobile collisions occurring in an intersection in conditions that make the motorcycle rider difficult or impossible to see. Many times, a vehicle may change lanes on a freeway and never even see the motorcycle rider in the next lane or could be backing out of a driveway or parking space and failing to see the motorcyclist.
Distracted driving—Drivers today tend to multi-task in every area of their lives—including while driving. An automobile driver who is talking on his or her phone, texting, eating a meal, turning around to check on the children, or talking to a passenger has a much higher likelihood of hitting a motorcyclist.
Hazards on the Road—About a quarter of all motorcycle accidents are single-vehicle accidents caused by a collision with an object in the road or a roadway defect. Many single-vehicle motorcycle accidents are caused by oil slicks, puddles, debris, railroad tracks, road ruts, potholes or uneven pavement. A smaller number are caused by animals in the roadway or vehicle failures of some type like a flat tire.
Rider Error or Inexperience—Rider error/inexperience is believed to be a factor in a significant number of motorcycle accidents, with the most common problem being when the motorcyclist slides out and falls over as a direct result of going wide on a curve, excessive speed or over-enthusiastic braking. A motorcycle requires substantially more skill and physical coordination to operate than a motor vehicle. The rider may lack the necessary basic riding skills or may not fully appreciate the limitations of motorcycle riding. Most motorcycle riders are essentially self-taught, making a lack of training or experience a factor in motorcycle collisions.
Product Liability—In certain cases, a motorcycle can wobble at high speeds when the front end becomes unstable. This could be due to misalignment, however if it is determined that the resulting wobble was responsible for the accident, the manufacturer of the motorcycle may bear a level of financial responsibility for the resulting injuries.
Speed—Speed may be a factor in about one-third of all motorcycle accidents, whether on the part of the motorcyclist or the automobile driver.

Motorcyclists should take specific steps to keep themselves safe on the road by always wearing safety equipment such as a helmet and protective clothing, traveling at a safe speed, remaining alert, and never operating a motorcycle after consuming alcohol. Any way you look at it, a motorcycle rider is at an extreme disadvantage when a crash occurs, standing a much greater likelihood of suffering severe injury or death.

Legal Considerations

After a motorcycle accident, it’s crucial to understand your legal options. Immediately consult with a motorcycle accident lawyer to navigate the complexities of your case, including assessing fault and dealing with insurance companies. Preserve all evidence, document your injuries, and maintain records of all related expenses.

Legal expertise can significantly impact the compensation you might receive for injuries, damages, and any long-term effects of the accident.

Post Accident Guide

Safety first: move to a safe area and check for injuries. Call 911 to report the accident and get medical assistance. Exchange information with the other party but avoid admitting fault. Document the scene with photos and gather witness information. Seek medical attention even if injuries seem minor, as some symptoms may appear later. Finally, consult with a motorcycle accident lawyer to protect your rights and ensure a fair settlement for your damages.

In fact, motorcyclists are 26 times more likely to die in a collision with a vehicle than the driver or passengers in the vehicle. If you have been involved in a motorcycle collision and are now dealing with severe injuries, it could be extremely beneficial to contact an experienced Virginia personal injury attorney from Tronfeld, West & Durrett. Our attorneys understand the complexities of motorcycle accidents and will work hard on your behalf to obtain fair compensation. Contact Tronfeld, West & Durrett at (804) 358-6741 today.

What to Expect from Your Brain Injury Claim: A Guide to the Process

Several factors determine what someone can expect when filing a brain injury claim. These include the type of brain injury, its severity, the circumstances surrounding the injury, and the strength of the evidence the claimant submits.

Some of these factors are beyond a claimant’s control. Others, however, such as the evidence one gathers and how one presents it, often depend on the skill and knowledge of the legal team assisting the claimant.

Those considering filing a brain injury claim can learn more about what to expect below.

Types of Brain Injuries and Their Effect on a Claim

Traumatic brain injuries can occur due to various events such as a car accident, slip and fall, abuse, or negligence on the part of a medical professional.

There are two types of head injuries: closed and open. The type of brain injury you suffer
can affect severity, damages, and how an attorney approaches your claim.

Open Head Injuries

• Penetrating: An object penetrates the skull and impacts the brain. This type of injury often has a more severe prognosis than a closed head injury and will likely have higher damages.

Closed Head Injuries

• Contusion: An impact to the skull causes bleeding within the brain. Contusions often heal on their own but can still cause long-term effects.
• Coup-contrecoup contusion: An impact causes a second impact between the brain and the skull, resulting in another contusion on the other side of the brain.

Because it affects both sides of the brain, this injury can have a marked limitation on functioning.

• Diffuse axonal injury: Violent shaking or other trauma to the skull causes tears within the brain tissue. A diffuse axonal injury can affect different parts of the brain and even cause the victim to go into a coma.

• Anoxic Brain Injury: The most serious type of oxygen deprivation to the brain. It results in the complete shutoff of your brain’s oxygen supply. Anoxia is often fatal, and even when it is not, it usually leads to permanent disability.

• Hypoxic brain injury: Characterized as partial oxygen deprivation, hypoxic brain injury can also be fatal or lead to disability, as it results in the loss of brain cells.

Most common accidents leading to brain injuries

From vehicle accidents to workplace disasters, sports injuries to simple slips, these events can dramatically alter a person’s life in an instant.

Our attorneys recognize the terrible impact of someone else’s carelessness or recklessness, and we are dedicated to fighting for our clients’ justice and recompense. Understanding the most frequent causes of brain injuries in-depth allows us to pinpoint the guilty parties and craft a calculated plan of action to get you the right compensation.

We are prepared to take on your case and work for the justice you deserve thanks to our extensive expertise and experience in looking into all kinds of brain injuries, including those caused by auto accidents, slips and falls, and other cases of carelessness. Another common accident that can lead to brain injuries is from an accident at a hotel. Believe it or not, there are many ways to get injured at a hotel and some of those injuries can be catastrophic.

How to Calculate Damages from a Brain Injury Claim

Because so many variables determine the value of a brain injury claim, we ask juries to put a dollar figure on these claims and award money damages. That said, victims can expect to receive compensation for some or all the following:

Medical Costs

Medical expenses include hospital stays, doctor visits, surgeries, medications, medical devices, and so on. How much a brain injury sufferer can recover will depend on the severity of the injury as well as the treatment required. A claimant who suffered a concussion that kept him in the hospital for two days will receive less than someone who suffered a severe head injury and requires round-the-clock care.

Earnings Loss

If a claimant must miss work to recover from his injury, or if he must take a lesser-paying job or retire completely, he is entitled to compensation for those losses. What a claimant can expect to recover depends on how long he is out of work as well as the salary he
made prior to the accident.

Lifetime Care

Brain injuries often result in a need for lifetime care. Claimants can expect payment for the total cost.

Life Enjoyment/Pain and Suffering

A brain injury can also cause substantial pain and suffering. Claimants can request compensation for this as well.

How much money can you get from a brain injury?

Injuries can escalate into severe and costly damages as time progresses. A significant portion of the largest personal injury settlements involves cases of traumatic brain injury (TBI), with compensation amounts typically ranging from $3 million to $10 million. Additionally, approximately 2.5% of TBI claims result in settlements exceeding $1 million.

What Challenges Might a Claimant Face?

Brain injury claims can leave an insurance company paying out hundreds of thousands or even millions of dollars. Insurance companies want to pay out as little as possible; to do so, they will challenge a claim any way they can. This might involve:

Accusations of Fault

Virginia is a contributory negligence state, which bars injury victims from recovering compensation if they are even just one percent responsible for their injury. Insurance companies often use this to avoid a claim altogether. This can be especially problematic in brain injury cases as the injury might make it impossible for the claimant to remember the incident in question.
Tronfeld West & Durrett defends brain injury victims against these tactics and gathers the
necessary evidence to prove they deserve compensation.

Proving Brain Injury

At Tronfeld West & Durrett, we recognize the complex nature of proving a brain injury in a legal case. This task requires a strong and convincing presentation of evidence, including clear documentation of the signs of brain injury, such as cognitive impairments, memory loss, mood changes, and physical symptoms.

Our approach prioritizes the thorough collection of medical records, which includes advanced imaging like CT scans and MRIs, alongside comprehensive neurological assessments. In addition, we leverage the expertise of medical specialists such as neurologists and cognitive therapists, whose testimonies can provide additional support for the presence and impact of the brain injury.

We also place value on documenting any less apparent symptoms, such as memory loss, confusion, and behavioral changes, which can serve as strong evidence of the severity of the injury.

Tronfeld West & Durrett Can Help After a Brain Injury

There can be a lot of money at stake in a brain injury claim. Thus, it is important to choose the right legal team. Brain injury claimants can trust their case to the team at Tronfeld West & Durrett. To schedule a free consultation with our Richmond traumatic brain injury attorney, victims and their families can call our office today at 804-358-6741.