When Should You Contact a Truck Accident Lawyer in Virginia?

After a truck accident, trucking and insurance companies can stall your case, attempting to frustrate you into giving up or accepting a low settlement offer. A truck accident lawyer can often keep a claim moving toward a fair resolution.

A Virginia truck accident attorney can help in almost every truck crash case. But there are a few situations where lawyers are especially necessary. These situations often involve time, fact, and legal issues that can arise.

Why Time Is of the Essence in Truck Accident Cases

All states have statutes of limitations that set a deadline for filing a lawsuit after an injury. In Virginia, this deadline expires two years after the accident. While this period might seem long, time is of the essence for several reasons.

First, time passes quickly when you are recovering from injuries. You may spend dozens or even hundreds of hours a year attending medical appointments, physical therapy, and mental health therapy to address the effects of your injuries.

Second, the orthopedic, spinal cord, or brain injuries that can result from truck collisions may require surgery, prosthetics, or other expensive treatments. The sooner you start your case, the sooner you have the resources to pay your medical bills.

Finally, your truck accident attorney has a lot to accomplish before filing a lawsuit. The lawyer must gather evidence and file insurance claims. If the lawyer does not have enough time to perform all these tasks, you might not get an optimal outcome.

The Complexity of Truck Accident Cases

The complexity of truck crash cases comes from determining the cause and proving that the trucking company was liable. One path for establishing a trucking company’s liability is showing it violated safety regulations.

Rules and Regulations for Virginia Truck Accident Cases

The Federal Motor Carrier Safety Administration requires trucking companies and truck drivers to meet several safety standards. When they fail to do so, your truck accident lawyer can use the violation to prove the trucking company’s negligence. These rules cover the following:

• Loading and securing cargo
• Conducting drug and alcohol tests
• Enforcing return-to-duty procedures after positive drug or alcohol tests
• Setting hours-of-service policies
• Maintaining and repairing trucks

Importantly, regulations require companies to keep records of their compliance. After a crash, these compliance records can show what went wrong and who is liable.

Reasons to Seek Legal Counsel

Under federal law, trucking companies must carry at least $750,000 in insurance and surety bonds to pay for the injuries and damage they cause. But you must first prove you are legally entitled to compensation.

Virginia truck accident lawyers have knowledge of injury law and experience dealing with insurers and sureties. There are several reasons to seek legal counsel.

Assessing Liability

Trucking companies can be liable under two legal theories. First, employers are vicariously liable for the negligence of their employees or agents. Thus, a trucking company is liable when its employee-driver negligently runs a stop light and smashes into your vehicle while acting in the scope of his or her employment.

Second, trucking companies are liable for their own negligence. This negligence occurs when a trucking company fails to exercise reasonable care. Thus, a company might have been negligent while:

• Complying with trucking regulations
• Hiring, training, or supervising drivers
• Retaining drivers after crashes or failed drug or alcohol tests

Trucking companies have a lot of freedom in these activities. When their practices exhibit a lack of due care, they are liable for the damages caused by their negligence.

Protecting Your Rights

When you file a claim, the insurer or surety will assign your case to a claims adjuster. The adjuster’s job is to protect the insurer or surety, not you. Adjusters will hunt for evidence to help them deny or reduce your claim.

When you hire an attorney, you have someone on your side to protect your rights. Your lawyer can represent you in any communications with the adjuster to prevent them from twisting your words. The lawyer will also hold the adjuster accountable for keeping your case on track without undue delays.

Navigating Insurance Claims/Negotiating With Trucking Companies

Insurance companies and sureties often use the complexities of insurance law to trip up claimants. A lawyer will help you navigate both insurance law and claim procedures. They can also help you overcome any claim denials by presenting evidence or legal arguments.

Once the adjuster accepts the claim, they will make an initial settlement offer. This offer will severely undervalue your claim. Your lawyer will negotiate a fair offer based on your losses.

Gathering Evidence and Documentation to Build a Case

You have the burden of proving your case. You do this with evidence such as:

• Witness testimony
• Medical records
• Trucking company documents
• Photos and video of the crash scene

Your lawyer knows where to look for this evidence. More importantly, they know how to use it to support an injury case.

Frequently Asked Questions After a Virginia Truck Accident

Here are some answers to questions people ask about truck accidents.

Who Pays for Injuries After Truck Crashes?

Trucking companies carry insurance and surety bonds. After a crash, the insurers and sureties pay claims from anyone injured due to the company’s negligence.

What Is the Difference Between an Insurer and a Surety?

When you see the word “bonded” on the side of the truck, it means the company has a surety bond. A surety bond is like an insurance policy, but the bonded company must repay it. Thus, suppose that you win a $50,000 settlement from a surety. The surety pays you, and the trucking company reimburses the surety.

What Damages Can I Seek for Truck Crash Injuries?

You can seek compensation for both economic and non-economic losses. Economic losses include medical bills and lost wages. Non-economic losses include pain and suffering.

Contact a Truck Accident Lawyer Today

You can experience devastating losses after a truck crash. A lawyer protects you from trucking companies, insurers, and sureties. Contact a lawyer with Commonwealth Law to learn how we stand up for you while fighting for fair compensation.