Often, truck accidents result in severe injuries and substantial property damage because of the sheer magnitude of the vehicles involved. Personal injury lawsuits stemming from trucking accidents pose unique challenges because there may be more than one liable party, since truck accidents tend to result in chain-reaction collisions. It is crucial for individuals who have been injured in a Virginia truck accident to understand their rights and potential remedies.
The Federal Motor Carrier Safety Administration (FMCSA) administered a national study examining the rate and causes of trucking accidents. Recent findings revealed that in two-vehicle collisions involving trucks and a passenger car, the truck was responsible for the collision approximately half of the time. Furthermore, in 75% of those accidents, the truck driver’s poor decision making or failure to pay attention was the primary reason for the accident. The study also found that there were many common causes of trucking accidents. For example, some of the most common causes of trucking accidents were noted to be:
- Impaired driving
- Unsafe lane changes
- Driver distraction
- Aggressive driving
- Lack of familiarity with the vehicle
Other commonly seen causes included roadway problems, inclement weather, shifting cargo, and truck malfunctions. Unfortunately, too many of these accidents resulted in disastrous consequences for the parties involved.
For example, a local news report recently described a fiery tractor-trailer accident that shut down a major Virginia highway. Witnesses reported seeing the truck driver run off the side of the road, hit a rail, flip over a retaining wall, and catch on fire. Virginia State Police conducted an investigation into the crash and subsequently charged the truck driver with reckless driving.
Trucking accident victims must present strong, clear evidence of the other party’s fault because of Virginia’s contributory negligence law. The state’s contributory negligence statute prohibits a plaintiff from recovering compensation if they possess any responsibility at all for causing their own injuries.
To establish fault, plaintiffs can provide evidence that the truck driver did not follow the state’s traffic rules or trucking regulations. Virginia drivers must abide by traffic safety laws. Additionally, parties that operate large trucks must adhere to additional safety rules. These regulations mandate the frequency of inspections and limit the time for which a truck driver can work without taking a break. An accident victim may have a strong claim if they can show that the truck driver violated a state or federal regulation.
Have You Been Involved in a Truck Accident?
If you or someone you know has recently suffered life-changing injuries as a result of a Virginia truck accident, contact the experienced Virginia injury attorneys at Robinson Law for immediate assistance. The attorneys at our law firm understand the unique challenges that trucking accidents can present, and we have the skills and experience to overcome these barriers. For decades, Robinson Law clients have recovered substantial amounts of compensation for the injuries that they suffered. Compensation in trucking accident cases typically includes payments for medical bills, property damage, pain and suffering, and other economic and non-economic losses. Contact Robinson Law at (888) 259-9787 to schedule a free consultation with one of our dedicated injury attorneys.