Truck Accident

An average of 11 fatal truck crashes happens on U.S. roads every day, claiming about 4,000 lives and injuring more than 100,000 people yearly, according to the Federal Motor Carrier Safety Administration. Collisions involving trucks are expected to increase as more goods are continuously being shipped on highways and more pressure is placed on truck drivers to deliver their loads on time.

Common Factors in Truck Collisions

• Driver fatigue: About 10% of all vehicular crashes in the U.S. are linked to driver fatigue. Truck drivers are particularly susceptible to fatigue when they are behind the wheel for extended periods of time and driving extended hours across far distances. Many of these truck drivers forgo rest and sleep to deliver their cargo or arrive at their destinations on time. But excessive tiredness or fatigue can reduce attentiveness on the road, impair motor reflexes and skills, lead to poor driving decisions, and slow down an ordinary driver’s reaction time when steering to avoid hitting other vehicles or objects on the road or applying the brakes
• Mechanical failure: Tractor-trailers, semi-trucks, and other types of trucks are massive machines that require regular maintenance to ensure that their equipment and component parts are in good working condition. Without proper care and repair, truck drivers can lose control over their vehicles due to blown out tires, brake failures, loosened bolts and improperly fastened loads
• Driver negligence: Texting or using a mobile communications device while driving can distract truck drivers and take their eyes off the road. Distracted driving even for a few seconds can cause a driver to crash into another vehicle or person. Driving while under the influence of alcohol or drugs or while under medication that can cause drowsiness also leads to severe road wrecks
• Jackknifing: Driving at an excessive speed is also another factor in serious truck incidents. Due to the massive size and weight of trucks and trailers, sudden braking can cause the trailer of a truck to swing outward in a jackknife position and hit other vehicles. Jackknifing is often the cause of multiple vehicle collisions on highways

Responsibility for Truck Collisions

Depending on the cause or causes of a truck collision, the truck driver, the truck owner, trucking company, and equipment manufacturer may be legally responsible for resulting injuries. In some cases, the hauling company will lease the vehicle from another company and will not directly employ the truck driver. Each of these parties may try to shift liability to the other’s insurance company.

If you suffered severe injuries in a truck incident, it is imperative to hire an experienced personal injury attorney who can sort through the legal issues, identify the party or parties ultimately responsible for your injuries, and pursue your right to receive compensation from them.

What to Do After a Truck Collision

If you or a loved one has been involved in a truck accident, contact the police immediately. Since most truck collisions occur on interstate highways, many victims will be injured while traveling outside of the state in which they live. When the officer arrives, record his or her information fully, including contacts and credentials.

Next, get professional medical care immediately at the nearest emergency room. Do not wait until you return to your home state, if you are outside of it. Do not attempt to diagnose injuries on your own. The earlier injuries are detected by a medical professional, and placed on record, the sooner treatment can begin.

Preserving Evidence after a Truck Collision

After a truck accident, it is crucial to stay in touch with the officer who arrived at the scene. The officer(s) who filed the report should:

• Preserve all video evidence from their body cams, car cameras or witness images or videos
• Interview local businesses who typically have 24/7 security cameras, to obtain video evidence of the incident from a third party
• Maintain records of the accident including driver’s blood alcohol content certificates, when applicable in drunk driver or impairment cases

Many trucks are now equipped with advanced technology that allows important data to be stored in devices like a plane’s black box. This unit can contain information such as the truck’s speed, how long a driver has been on the road, and other relevant details.

We can take immediate steps to ensure that this device and its contents are preserved before the trucking company routinely deletes them. We are also able to put the trucking company on physical notice that the truck needs to be investigated and examined by an accident reconstruction expert.

Virginia has a spoliation of evidence rule that allows us to hold the trucking company responsible for destroying evidence that could be used against them in a court of law under certain very specific situations. Our attorney will use that rule to obtain the evidence necessary to hold their driver and company accountable for the accident, if necessary. The attorney most often must request this action, as the officers responding to the crash will not routinely impound the truck unless there are extenuating circumstances, or death.

Claiming Compensation for Truck Collision Injuries

After a truck accident, medical bills can start piling up quickly. When they do, the ultimate responsibility for payment lies directly on the patient – the injured party.

Health care providers, including emergency room nurses and physicians, physical therapists, chiropractors, and orthopedic surgeons expect payments to be made as soon as possible. It is rare that they will wait until the end of the case to be settled to receive payment. This is especially true in cases that unfold slowly, over extended periods of time.

We suggest that our clients submit their health insurance information, if applicable, when seeking medical care. In Virginia, optional coverage may be available through the injured party’s automobile insurance policy called medical payments coverages. This can help close the gap between mounting medical bills and the time is takes to pay them.

Most states have medical payments coverage, called Med Pay, or PIP, personal injury protection coverage, which allows the auto insurance company to be billed by the health care provider. Our attorney will review each resource available to allow that medical care continues if the client needs it.

Ultimately, the defendant, the person who caused the accident, and/or their insurance company will be responsible for those bills. Commercial carriers often have insurance coverage but the insurance claims adjusters and attorneys can deny an injury claim or minimize the extent of an injury to reduce the payout to an injured claimant. Dealing with the insurance company on your own can be a challenge, and is something our experienced attorney will handle, while our clients focus on their health.

Truck Collisions and Compensation

There are two types of compensation available for personal injury claims, including truck collisions:

• Compensatory Damages: Lost wages, past and future medical bills, and pain and suffering for permanent disabilities and scarring
• Punitive Damages: Additional damages awarded as punishment to the offender, common in drunk driving cases, or cases where the behavior is intolerable

Virginia has a statute that allows a judge or jury to rule that a negligent driver with a blood alcohol content of .15 or higher can be held responsible for compensatory and punitive damages because of the injuries sustained. These punitive damages may not be dischargeable in bankruptcy court, so the defendant will be hindered by these damages for the foreseeable future.

Attorneys Representing Injured Clients in Virginia and West Virginia

John D. Whittington serves personal injury victims in Virginia and West Virginia. With over three decades of experience in a wide range of personal injury cases our firm is prepared to work very hard to recover the amount of compensation that you legally deserve.

John has handled cases in many jurisdictions across the United States. No matter where the accident occurred, we can help provide you with the information you need to pursue damages. While most lawsuits are filed in the county the accident occurred in, we will listen to your information and determine whether we can help. If not, we will certainly point towards an accomplished attorney located in the state where the lawsuit will take place.

We invite you to call us today at (703) 257-5668 to schedule a free case evaluation to understand the potential for your truck accident recovery.

Service Areas

• Manassas
• Gainesville
• Catharpin
• Dumfries
• Bristow
• Haymarket
• Quantico
• Triangle
• Woodbridge
• Nokesville
• Occoquan