Big rigs are the backbone of American commerce, hauling materials and products across the continent. But big rigs, also known as 18-wheelers, tractor-trailers, and semis, pose particular risks to other motorists when there’s an accident. The physics involved when an object is struck by a commercial truck that can weigh up to 40 tons is difficult to conceptualize. Thousands of Americans are injured or killed every year in truck accidents nationwide.
What Should You Do if You or a Loved One is Killed in an Accident with a Commercial Truck?
After a serious accident, especially involving commercial trucks and/or tractor-trailer trucks, there are some important choices you’ll have to make. Once the police have made their report and your medical needs have been addressed, you’re going to need to take stock of your situation.
If possible, you or your family members need to call a truck accident attorney immediately. Believe it or not, some major trucking companies and insurers actually have an emergency team of lawyers, accident deconstructionists, and other experts on call 24 hours a day.
So, while you or a loved one are lying in a hospital bed just minutes or hours after the crash, their team of experts and lawyers are at the scene, producing a story that has you at fault!
Important tip: You and your passengers should never speak with any investigators, insurance adjusters, truck accident attorneys, or staff about the crash or your injuries. Unless it’s the police officer investigating the crash, do not speak to them.
In the event that you are approached days later, and the person represents themselves as an investigator with the police, ask for identification proving that, and obtain a business card confirming their identity.
If there is a question in your mind, do not speak to them until you have consulted with your own truck accident lawyer. Obviously, if you have already obtained legal counsel, don’t speak to anyone without your attorney’s permission.
If you choose to go it alone, don’t accept an insurance company’s settlement offer until a lawyer looks at it. Many attorneys will provide this service for free, including me.
Insurance companies have no incentives to compensate you fairly, and in complex cases where medical and other costs can continue to pile up for years or even the rest of your life, it’s critical that you get the compensation you deserve.
If you’ve been hurt, or a loved one has been killed, in a crash with a big rig truck, there’s really no question that the best way forward is to work with a Virginia truck accident lawyer who knows how to handle the complexity of your truck accident case while holding the powerful accountable and getting you the compensation that you deserve.
Paul Thomson: Experience in Truck Accident Lawsuits
Trucking accidents are complicated. Truck drivers are considered professionals and have their own complex regulations that they and their employers must obey. These crashes typically involve numerous entities due to the complexities of transporting goods – the rig owner, the rig driver, the shipper, and varying insurance policies. The process can become even more complicated when the truck driver is an independent contractor.
There can also be mechanical defects that caused or contributed to the crash. Each case is unique, and everyone who has been hurt through the negligence or recklessness of another is entitled to just compensation to make them as whole as possible.
If you’re struggling to put your life back together after a serious crash with an 18-wheeler, call my office today at (540) 777-4900 or toll-free at (877) 471-3353. Your call is completely free, and there’s no obligation. I want to help you.
Truck Crash FAQ
What do I need to document at the scene?
If you’re healthy enough and it’s not dangerous, start by photographing the scene and all vehicles involved with your phone’s camera. If there are witnesses or other drivers, get their contact information. All details are helpful: the time of day or night, weather and road conditions, brightness or darkness levels, and anything else that feels relevant.
ROANOKE PERSONAL INJURY ATTORNEY
I understand because I have helped hundreds of victims who were in the same position as you. Allow me to introduce myself. I’m Paul Thomson of THE THOMSON LAW FIRM, PC. For more than 26 years, I’ve dedicated my Roanoke personal injury law practice to helping people in Virginia and West Virginia recover compensation from experiencing a traumatic event that has disrupted their life.
How do I notify my insurance company?
Notify your insurance company promptly, but understand that your call is being recorded. It is best to contact your carrier only after you have received the advice of a truck accident attorney. Do not admit fault for the accident during the call, and do not sign anything from the insurance company or an insurance adjuster without having your truck accident lawyer review it first.
What do I say when the trucking company or its insurer calls?
Do not speak with them until you have consulted with a truck accident attorney. When you hire me, I will handle this call for you.
What should I keep track of for my case?
Every expense associated with the accident is valid for your truck accident claim. Document all doctor’s visits and associated costs, lost hours or days of work, any activities that your injuries prevented you from participating in, the valuation of damaged property from your insurance company, and any other cost you incur as you deal with the aftermath of a big rig accident.
How much will it cost me to file a big rig crash lawsuit in Virginia?
Every expense associated with the accident is valid for your truck accident claim. Document all doctor’s visits and associated costs, lost hours or days of work, any activities that your injuries prevented you from participating in, the valuation of damaged property from your insurance company, and any other cost you incur as you deal with the aftermath of a big rig accident.
What Are The Main Causes Of Truck Accidents?
Truck accidents, devastating events that they are, stem from a myriad of causes. Understanding these causes is crucial, not just for the logistics and transportation industry, but for all road users. Here, we explore the main contributors to these accidents, each varying in circumstance yet crucial in their impact.
Driver Fatigue: One of the leading causes of truck accidents, driver fatigue results from long hours behind the wheel without sufficient rest. Despite regulations mandating rest periods, the pressure to meet deadlines can push drivers beyond their limits, impairing reaction times and decision-making abilities.
Equipment Failure: Regular maintenance is vital for the safety of any vehicle, and trucks are no exception. Equipment failure, including brake malfunctions or tire blowouts, can lead to catastrophic accidents. Such failures often point back to manufacturing flaws or inadequate vehicle upkeep.
Overloading: Trucks operating over their weight limit not only breach legal standards but significantly increase the risk of accidents. Overloaded trucks are harder to control, especially when braking or maneuvering, which can result in loss of control and subsequent accidents.
Speeding and Reckless Driving: The sheer size and weight of trucks make speeding and reckless driving particularly dangerous. High speeds reduce the driver’s ability to stop or maneuver quickly enough to avoid an obstacle, leading to severe accidents.
Poor Weather Conditions: Adverse weather conditions, such as rain, snow, fog, or ice, challenge even the most experienced drivers. These conditions can reduce visibility and road traction, making it difficult for trucks to stop or navigate safely.
Inadequate Training: Driving a truck requires specialized skills and training. Insufficient training on handling, loading, and driving techniques can lead to errors on the road, contributing to accidents.
Distracted Driving: Like all road users, truck drivers can become distracted by mobile devices, eating, or other activities that take their focus away from driving. Such distractions can have deadly consequences given the size and momentum of trucks.
Impaired Driving: The use of alcohol or drugs is a significant factor in truck accidents. Substance abuse impairs judgment and reaction times, making it one of the most preventable causes of road accidents.
Poor Road Conditions: Potholes, inadequate signage, and improperly designed roadways can also contribute to truck accidents. These conditions can challenge the driver’s ability to maintain control and navigate safely.
Negligence in Vehicle Maintenance: Regular and thorough maintenance checks are critical for the safety of truck operations. Negligence in this area can lead to equipment failures that result in accidents.
An experienced tractor trailer accident attorney will know very quickly what the cause of an accident was and immediately begin efforts to make it right for you.
What Type Of Injuries Can You Get From A Truck Accident?
Truck accidents, given their scale and the massive vehicles involved, often result in a range of severe injuries, some of which can have lifelong repercussions for those involved. The types of injuries sustained can vary widely, depending on factors such as the speed at impact, safety measures in use (like seatbelts), and the angle at which vehicles collide. Below are common injuries that individuals might suffer from in the wake of a truck accident:
Traumatic Brain Injuries (TBI): High-impact collisions can cause head injuries, ranging from mild concussions to severe traumatic brain injuries. TBIs can lead to long-term cognitive issues, memory loss, and in some cases, permanent disability.
Spinal Cord Injuries and Paralysis: The force exerted during a truck accident can damage the spinal cord, potentially resulting in partial or complete paralysis. Such injuries drastically alter lives, necessitating long-term care and adaptive living equipment.
Broken Bones: The immense force of a truck collision can easily break bones. Common fractures include broken arms, legs, ribs, and pelvis. Some fractures might require surgical intervention and prolonged rehabilitation.
Lacerations and Abrasions: Flying debris, shattered glass, and metal can cause deep cuts and scrapes. Besides being painful, these injuries can lead to significant blood loss and, in some cases, require surgery to repair.
Internal Injuries: The impact of a truck accident can cause internal bleeding and organ damage, injuries that are not immediately visible but can be life-threatening if not treated promptly.
Burns: If a collision leads to a fire or an explosion, occupants can suffer burns, which can range from minor to severe. Severe burns often require extensive medical treatment, including skin grafts, and can leave significant scarring.
Amputations: In extreme cases, the traumatic impact of a truck accident can lead to the loss of limbs, either during the accident itself or as a medical necessity afterward due to severe injury.
Whiplash and Soft Tissue Injuries: Even at lower speeds, the sudden stop of a vehicle can cause whiplash, a common neck injury, along with other soft tissue injuries. While less severe than other injuries listed, they can still cause long-term discomfort and mobility issues.
Psychological Trauma: It’s important not to overlook the psychological impact of being involved in a truck accident. Survivors may suffer from post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues that require professional treatment.
The aftermath of a truck accident can be as varied as it is devastating, affecting not just the physical well-being of those involved but their mental health and quality of life too. Recovery often requires a comprehensive approach, including medical treatment, physical therapy, and psychological support, underscoring the importance of seeking immediate and thorough care following such incidents.
In Virginia, What Types Of Truck Accidents Happen The Most Often?
In Virginia, as in many other states, the bustling highways and busy streets witness a variety of truck accidents, each with its own set of causes and consequences. Understanding the types of truck accidents that occur most frequently can help in formulating strategies for prevention and safety. Here’s a look at the common types of truck accidents seen on Virginia’s roads:
Rear-End Collisions: Often occurring due to sudden stops or reduced traffic speed, rear-end collisions are common when trucks, with their long stopping distances, fail to halt in time. This type of accident can cause significant damage and injuries, given the disparity in size and weight between trucks and passenger vehicles.
Jackknife Accidents: These happen when the trailer part of a truck folds at the pivot point to form an acute angle with the cab, resembling a folding pocket knife. Often caused by abrupt braking or slippery roads, jackknife accidents can lead to multi-vehicle pile-ups.
Underride Accidents: Particularly deadly, underride accidents occur when a smaller vehicle collides with a truck and slides underneath it. These accidents often result in severe injuries or fatalities, prompting efforts to improve rear guard safety on trucks.
Rollovers: Trucks can roll over if the driver loses control, often due to excessive speed, improper loading, or taking a turn too sharply. Rollover accidents can block roadways and pose risks to other road users.
Blind Spot Accidents: Also known as “No-Zone” accidents, these occur when a vehicle is in a truck’s blind spot and the truck driver changes lanes or turns without seeing the smaller vehicle. Trucks have larger blind spots than passenger vehicles, increasing the risk of such accidents.
Lost Load Accidents: Improperly secured or overloaded cargo can fall off trucks, creating road hazards that lead to accidents. Such incidents can involve multiple vehicles trying to avoid the debris or cargo on the road.
Head-On Collisions: Although less common, head-on collisions with trucks are extremely dangerous and often fatal. These can happen due to wrong-way driving, driver fatigue, or driving under the influence.
T-Bone Accidents: These occur at intersections, often as a result of failure to yield, running red lights, or other forms of negligent driving. Trucks hitting the side of a vehicle can result in catastrophic outcomes due to the significant force involved.
Each type of truck accident presents unique risks and challenges, underlying the importance of adherence to safety regulations, proper vehicle maintenance, and vigilant driving practices. In Virginia, efforts continue to reduce the occurrence of these accidents, focusing on improving road safety for all users.
How Long Do You Have to File A Lawsuit After A Tractor Trailer Accident?
In Virginia, if you’ve been involved in a tractor-trailer accident, it’s crucial to understand the timeframe within which you must file a lawsuit to seek compensation for your injuries or damages. This period is governed by the statute of limitations, a law that sets the maximum time after an event within which legal proceedings may be initiated.
For personal injury claims in Virginia, including those arising from tractor-trailer accidents, you have two years from the date of the accident to file a lawsuit. This timeframe is stipulated under Virginia Code § 8.01-243(A). It’s important to note that this statute of limitations applies to lawsuits filed for injuries sustained in the accident, whether physical, emotional, or psychological.
Similarly, if you wish to file a lawsuit for property damage resulting from a tractor-trailer accident, such as damage to your vehicle, Virginia law provides a slightly longer period. You have five years from the date of the accident to initiate legal proceedings for property damage, as outlined in Virginia Code § 8.01-243(B).
There are, however, certain exceptions to these general rules that might extend or shorten these periods in specific circumstances. For instance, if the accident involves a minor or if the defendant leaves the state of Virginia, the clock on these time limits may be paused or “tolled” until the minor reaches the age of majority or the defendant returns to the state.
Understanding and adhering to the statute of limitations is critical. Failing to file a lawsuit within this period typically results in the loss of your right to seek legal recourse and compensation for your injuries or damages.
Given the complexities involved in navigating the aftermath of a tractor-trailer accident, including the legal intricacies and potential exceptions to the statute of limitations, it’s highly advisable to consult with an experienced personal injury attorney as soon as possible after the accident. An attorney can provide you with tailored advice, ensure that your rights are protected, and help you navigate the legal process to seek the compensation you deserve.
In A Truck Accident, Who Can Held Liable?
In the unfortunate event of a truck accident in Virginia, determining liability can be a complex process due to the myriad of parties involved in the operation and maintenance of commercial trucks. Identifying who can be held liable is crucial for victims seeking compensation for their injuries and damages. Here are the potential parties that might be found responsible:
Truck Driver: The person behind the wheel can be held liable if the accident was due to their negligence, such as driving under the influence, speeding, fatigue, or violation of traffic laws.
Trucking Company: Often, the company employing the truck driver or owning the truck can be held liable. This could be due to their failure to properly maintain the vehicle, inadequate driver training, or pushing drivers to work beyond legally allowed hours.
Cargo Loaders: Improperly loaded or secured cargo can lead to accidents. If the loaders failed to adhere to safety standards, they could be held responsible for any resulting mishaps.
Truck Manufacturer: If a defect in the truck or any of its components contributed to the accident, the manufacturer might be liable. This includes flaws in design, manufacturing, or failure to warn about a potential hazard.
Maintenance Providers: Companies or individuals responsible for maintaining the truck could be liable if a lack of proper maintenance or faulty repairs played a role in the accident.
Other Drivers: Sometimes, the actions of other drivers on the road can contribute to a truck accident. If another motorist’s negligence caused the truck to crash, that driver could also be held liable.
Government Entities: In cases where road design, maintenance, or signage played a role in the accident, local or state government entities might be found liable for failing to ensure safe driving conditions.
Determining liability in a truck accident often involves a thorough investigation, including reviewing driver logs, maintenance records, and the truck’s black box data, as well as analyzing accident reports and witness statements. Given the potential for multiple parties to be involved and the complexity of laws governing commercial trucking, victims of truck accidents in Virginia are advised to seek the expertise of an attorney specialized in this area. Legal professionals can navigate these intricacies, identify all liable parties, and advocate on the victim’s behalf for fair compensation.
How Important Is An Attorney After A Semi-Truck Accident?
Securing an attorney after a semi-truck accident in Virginia is not just important; it’s a critical step towards ensuring your rights are protected and that you receive the compensation you rightfully deserve. Given the complexity of truck accident cases, the involvement of a skilled attorney can be the difference between a well-navigated legal process and a daunting, overwhelming ordeal. Here’s why an attorney is indispensable in such situations:
Navigating Legal Complexities: The legal landscape surrounding semi-truck accidents in Virginia involves a web of state and federal regulations. An attorney with expertise in this area understands these laws and can adeptly navigate the complexities to build a strong case on your behalf.
Determining Liability: Semi-truck accidents often involve multiple parties, from the truck driver to the trucking company, maintenance providers, and even manufacturers. An experienced attorney can thoroughly investigate the accident, identify all liable parties, and hold them accountable.
Dealing with Insurance Companies: Insurance companies, with their teams of lawyers and adjusters, often aim to minimize payouts. An attorney can negotiate with these companies on your behalf, ensuring that you are not undervalued or pressured into accepting an unfair settlement.
Assessing Damages: Calculating the full extent of damages after a semi-truck accident involves more than just immediate medical bills. Future medical expenses, lost wages, pain and suffering, and other long-term effects need to be considered. An attorney can accurately assess these damages, ensuring that the compensation sought reflects the true impact of the accident on your life.
Expert Resources: Attorneys have access to a network of experts, including accident reconstruction specialists, medical professionals, and economists, who can provide testimony and evidence to support your case. This expertise is vital in proving the extent of damages and the liability of the other party.
Statute of Limitations: Virginia has a statute of limitations that sets a deadline for filing a lawsuit after a semi-truck accident. An attorney ensures that all necessary legal actions are taken promptly, preventing you from being barred from seeking compensation due to missed deadlines.
Peace of Mind: Finally, having an attorney handle the legal aspects of your case allows you to focus on recovery. Knowing that a knowledgeable advocate is fighting for your interests can provide immense peace of mind during a challenging time.
In conclusion, the importance of an attorney following a semi-truck accident in Virginia cannot be overstated. Their expertise not only maximizes your chances of receiving fair compensation but also alleviates the burden of navigating the legal process on your own.
With so much at stake, securing experienced legal representation should be a priority for anyone involved in a semi-truck accident.
More Information About Trucking Accidents in Virginia
- Should I Call a Lawyer After I Was Involved In An Accident With A Truck?
- A Leading Cause Of Trucking Accidents – Falling Asleep
- Determining The Exact Cause Of A Trucking Accident is Critical
- We’ve Got Your Back After A Trucking Accident
- How Do You Get Money After Being Injured In A Truck Accident
- Mechanical Failures Are One Of The Leading Causes of Trucking Accidents
Our Office
The Thomson Law Firm
2721 Brambleton Ave SW
Roanoke, VA 24015
(540) 777-4900
