If you’re hurt in a truck accident, you may be entitled to damages. It all depends on the facts of your case. In order to get you damages, your Falls Church truck accident lawyer needs to prove that the driver was negligent. This requires that they prove the following four (4) things:
- The truck driver owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were caused by the driver’s breach
As long as they can prove all of these elements, you’ll have a good chance of recovering damages. This may include some or all of the following:
- Medical bills
- Future medical bills
- Property damage
- Lost wages
- Lost future income
- Pain and suffering
The amount of damages depends on the facts of your case. The general rule is that the more serious your physical injuries, the more money you’ll be entitled to.
What are the Most Common Causes of Truck Accidents in Virginia?
Truck accidents are like any other type of motor vehicle accident. They’re often caused by mistakes made by the other driver. Sometimes the driver is speeding at the time of the crash. Or they may be texting and driving. However, there are a lot of unique things that can cause a Virginia truck accident. These include:
- Too large a load – If the truck is carrying too much cargo, there’s a good chance they’ll be involved in an accident.
- Poor training – It takes years for a trucker to be properly trained. If they’re inexperienced on the road, there’s always the possibility they’ll get into an accident.
- Distracted Driving – Truck drivers are constantly checking their logs and GPS. If they get distracted, they may crash into another driver.
If your accident was caused by any of these things, there’s a good chance your Falls Church trucking accident attorney can prove damages.
It’s easy to assume that the tractor-trailer driver is always at fault. While they are more likely to be at fault than a regular driver, they aren’t always at fault. You could be speeding and end up crashing into the back of the truck. Or your brake lights aren’t working and they smash into the back of your car. Every case is unique. Fault will only be determined by the facts of your case.
Who Do You Actually File Suit Against?
Ideally, the insurance company will pay your claim and you’ll have a check in a week or two. If they deny your claim, that’s another story. Your Falls Church truck accident lawyer will reach out to the insurance adjuster. They’ll find out why your claim was denied. If they aren’t able to negotiate payment of your claim, they’ll have no choice but to file suit. The question is – who are they going to name in the lawsuit?
Most truck drivers work for another company. Very few are self-employed. This means that you’ll need to name a few different parties in your lawsuit. First, you’re going to have to name the insurance company. They’re liable for any damages caused by the other driver. You’ll also need to name the truck driver in your case. They may be found individually and personally liable for your injuries. Finally, your Falls Church truck accident lawyer will name the employer in your suit. Trucking companies are responsible for the acts of their employees and drivers. The only exception to this would be if the driver was not legally driving the car at the time of the crash.
Schedule Your Free, Initial Consultation with a Skilled Falls Church Truck Accident Lawyer
If you or your family member have been injured in a truck accident, you need help. The last thing you should be dealing with is insurance adjusters and bill collectors. You should call and talk to an experienced personal injury law firm in Falls Church, Virginia right away. They’ll handle the legal side of things while you focus on what’s important – getting better.
All you have to do is call and schedule your free, initial consultation. Sit down with someone who has handled dozens of cases just like yours before. They know how to deal with the insurance adjusters. They also know what it takes to prove your case. They’ll collect the evidence to prove your damages. They will also try to settle your case with the defendant’s lawyer and insurance adjuster.
The initial consultation is free. You won’t pay anything until your case is settled. There is too much at stake to try to handle this yourself. The defendant will have lawyers working for them, and you should too.