If you have suffered a truck accident in Newport News, you may be entitled to compensation under Virginia’s law. Understanding the overwhelming aftermath of a truck accident, the personal injury attorneys at Tronfeld West & Durrett are committed to providing you with the support and expertise needed to pursue legal action.
Suffered a Truck Accident in Newport News? How a Lawyer Can Help You
A lawyer specializing in personal injury cases brings expertise in situations that go from dealing with large insurance companies to understanding federal and state transportation regulations. At Tronfeld West & Durrett, we’ve been handling personal injury cases in Virginia since 1972. Our lawyers work to provide their knowledge of local and state-wide laws regarding your case as well as professional support and guidance.
Maximizing Your Recovery
After a truck accident in Newport News, maximizing your recovery involves more than just securing financial compensation. It’s about achieving justice and facilitating your recovery process. Here’s how an experienced personal injury lawyer from Tronfeld West & Durrett can assist you throughout this journey:
- In-depth investigation and evidence gathering: Conducting a thorough investigation of the accident, including gathering evidence, analyzing crash reports, and consulting with experts to build a strong foundation for your case.
- Navigating legal complexities and proving fault: Expertly navigating state and federal trucking regulations, identifying liable parties, and gathering compelling evidence to establish fault in Virginia’s pure contributory fault legal landscape.
- Handling insurance negotiations: Skillfully negotiating with insurance companies to secure a fair settlement that adequately compensates for your losses, aiming to avoid the need for a trial.
- Calculating and maximizing damages: Accurately calculate the full extent of your damages, including medical expenses, lost wages, and pain and suffering, to ensure you receive the compensation you deserve.
- Legal representation and support: Providing strong legal representation in court if necessary, and offering continuous support and communication throughout the legal process to keep you informed and supported.
By partnering with us, you gain a team of dedicated professionals committed to advocating for your best interests and ensuring that you receive the comprehensive legal support necessary for a successful outcome in your truck accident case.
Understanding the Impact of Commercial Trucking Regulations on Liability
Commercial trucking in Virginia is governed by a large set of regulations and trucking laws that play a significant role in determining liability in truck accidents. These regulations cover different aspects that are critical in establishing negligence to pursue a personal injury claim, including:
- Commercial Driver’s License (CDL): Ensuring that drivers are qualified to operate commercial vehicles.
- Hours of service regulations: Including limits like the 11-hour driving limit and mandatory rest breaks to prevent accidents caused by driver fatigue.
- Weight limits and permits: Virginia sets a maximum weight limit of 80,000 pounds for commercial trucks, with the possibility of obtaining overweight permits under specific conditions.
- Drug and alcohol testing: Mandatory testing to prevent impaired driving, a major cause of trucking accidents.
- Insurance requirements: Liability insurance is required, with minimum coverage levels varying depending on the type and cargo of the vehicle.
We delve into every detail, from scrutinizing the truck driver’s actions to examining the vehicle’s condition and the surrounding circumstances of the accident. Our commitment is to ensure that every facet of your case is explored, leaving no stone unturned in our pursuit of justice and fair compensation for you.
For answers to your questions about a truck accident in Newport News, call:
800-321-6741
Common Causes of Trucking Accidents
According to the Virginia Department of Motor Vehicles (DMV), there were 2,981 truck accidents in Virginia in 2022 (last reports), of which more than half were due to driver-related factors. So, definitely, the most common type of truck accident is that which is caused by what’s considered driver errors.
In Virginia, truck accidents can result from negligence on the part of the driver, trucking company, or even vehicle manufacturers. Some of the most common causes of truck accidents we’ve encountered in our years of experience include:
Driver Fatigue
Fatigue is a major issue in the trucking industry. Federal regulations, like the Hours of Service rules, are designed to limit how long truck drivers can be on the road without rest. However, in an effort to meet tight deadlines or increase profits, some drivers or their employers may push the boundaries, resulting in exhaustion behind the wheel. Fatigued drivers exhibit slower reaction times and impaired judgment, both of which can be deadly when operating an 80,000-pound vehicle.
Speeding
Large trucks require significantly longer stopping distances than smaller vehicles, which makes speeding especially dangerous. When a truck driver is speeding, their ability to stop in time to avoid an accident is drastically reduced, especially on wet or icy roads.
Distracted Driving
While distracted driving is a leading cause of accidents for all motorists, the consequences are even more severe when a distracted truck driver is involved. Common distractions include texting, eating, adjusting a GPS, or even talking on the phone. Even a brief moment of inattention can result in devastating accidents, given the size and force of commercial trucks.
Mechanical Failures
Commercial trucks require regular maintenance due to the wear and tear they endure from constant, long-haul trips. Brake failures, tire blowouts, and steering malfunctions are common causes of trucking accidents and often result from poor vehicle maintenance. When a mechanical failure is involved, both the trucking company and the vehicle manufacturer could be held liable for the accident.
Unveiling Negligence Causes and Liability in Truck Accidents
Among the thousands of large truck crashes reported, 60 were fatal, and 844 resulted in injuries, with many of them resulting in property damage. In addition to the alarming numbers, these accidents left a trail of pain and financial hardship for both individuals and whole families.
Therefore, investigating the negligence behind them is a crucial step in pursuing compensation and allowing those affected to properly recover financially and physically. According to the law, you can pursue compensation if the accident was caused by someone else’s negligence. This includes cases of catastrophic injuries, property damage, or even wrongful death.
But to prove negligence and start the path to justice, first is essential to determine fault.
Determining Fault
To determine fault in a truck accident, it’s necessary to perform a thorough investigation into the factors that caused the incident. This investigation requires analyzing the truck driver’s actions, the condition of the truck, and the circumstances leading up to the accident, among other factors.
Since Virginia is a pure contributory fault state, you need to prove the other party was 100% at fault. Therefore, if you are involved in an accident in Virginia and are found to be even slightly at fault, you won’t recover damages from the other party (even if they were primarily at fault).
This can seem overwhelming, but personal injury lawyers are well-versed in conducting case investigations to establish liability. We can help you build a strong case with solid legal arguments that prove negligence and hold the other party accountable.
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Compensation for a Truck Accident Injury
Truck accident victims often face substantial financial burdens alongside their physical and emotional trauma. In Virginia, you’re entitled to seek compensation for various damages, including:
Medical Bills
The medical costs following a truck accident can be overwhelming. From emergency room visits and surgeries to long-term care such as physical therapy or rehabilitation, these expenses add up quickly. Additionally, serious injuries may require future medical care, which can include follow-up surgeries, medication, or ongoing treatment. Your compensation should account for not only your current medical expenses but also any anticipated future costs related to your injuries.
Pain and Suffering
Pain and suffering compensation addresses the non-economic impact of the accident. This includes not just the physical pain you’ve endured, but also the emotional and psychological trauma you may be facing.
Property Damage
Truck accidents often result in significant damage to vehicles and personal property. If your car is totaled or requires extensive repairs, you’re entitled to compensation to cover the cost of either fixing or replacing your vehicle. This can also extend to other personal property that was damaged in the crash, such as electronic devices, tools, or other valuables that were in the vehicle at the time of the accident.
Lost Wages
If your injuries prevent you from working, either temporarily or permanently, you can seek compensation for the income you’ve lost as a result. This includes not only the wages you’ve already missed but also the future earnings you will no longer be able to make if your ability to work has been compromised. In cases where the injury leads to long-term disability, lost wage compensation may extend to cover a lifetime of lost earning potential.
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Deadlines for Filing Suit After a Truck Crash
In Virginia, the statute of limitations for filing a personal injury lawsuit, including truck accident claims, is generally two years from the date of the accident. This means you have a limited window of time to take legal action and seek compensation. Failing to file within this timeframe can result in your case being dismissed, leaving you without any legal recourse for your injuries and financial losses.
While two years might seem like a long time, it’s crucial to act quickly. Building a strong truck accident case takes time, and evidence can be lost or destroyed the longer you wait. Witnesses may move, memories can fade, and crucial documentation like driver logs or maintenance records can become harder to obtain. Consulting with our experienced truck accident lawyers as soon as possible ensures that your case is thoroughly investigated and that all necessary evidence is preserved.
At Tronfeld West & Durrett, we guide our clients through every step of the legal process, ensuring deadlines are met and no detail is overlooked.
Newport News Truck Accident Settlements and Verdicts
Securing a settlement or verdict after a truck accident in Newport News can be a complex, nuanced process. Your compensation will depend on several factors: the severity of your injuries, the accident’s impact on your earning capacity, the extent of property damage, and the strength of the evidence presented.
Settlements typically involve negotiations between your lawyer at Tronfeld West & Durrett and the trucking company’s insurance provider. Insurance companies often attempt to minimize payouts, which is why having an attorney with significant experience in truck accident litigation is crucial. We know the tactics insurers use and are skilled at countering them to ensure you receive fair compensation. However, if a reasonable settlement cannot be reached, we are prepared to take the case to trial and let a jury decide your damages.
Difference Between Settlements and Verdicts
The difference between settlements and verdicts lies in who determines the outcome. In a settlement, the parties agree on compensation without going to trial. In contrast, a verdict is handed down by a court after hearing the full scope of evidence. In either case, our goal is the same: securing the maximum possible compensation to help you recover from the physical, emotional, and financial impacts of the accident.
Why You Need a Newport News Professional Truck Accident Lawyer
After a truck accident in Newport News, maximizing your recovery is not just about securing financial compensation. It’s also about getting justice and easing your recovery process. In this scenario, an experienced personal injury lawyer can bring a wealth of experience and resources to the table.
From investigating the accident and building a compelling case to negotiating with insurance companies and representing you in court, at Tronfeld West & Durrett we advocate for your best interests. We’ll help you calculate your damages and build a strong case to get the best possible outcome for your specific circumstances, as well as provide the support and guidance you need during this challenging time.
So, if you are ready to take action, don’t hesitate to contact us for a free consultation to discuss your case today.
Call or text 800-321-6741 or complete a Free Case Evaluation form