Who is Usually at Fault in a Tractor Trailer Accident?

If you’ve ever been in a car accident, you know that nobody ever wants to admit fault. It’s like asking your kids who ate the last cookie. Everyone always points at the other driver. However, there are times when it seems safe to assume that someone else is at fault. What about in a tractor trailer accident?

A lot of people think that a tractor trailer driver is always at fault if they get into an accident. This is an easy mistake to make. When the choice is between a large, powerful machine and a little passenger vehicle, it’s tempting to blame the truck driver.

However, even in cases where it may seem obvious who’s at fault, fault still has to be determined. This is why it’s a good idea to call a truck accident lawyer as soon as possible after your tractor trailer accident.

While there’s no rule that says you need a lawyer, you’ll be at a serious disadvantage if you don’t have one. The truck driver works for a large trucking company. They’re going to have a team of lawyer working for them. You don’t want to go up against them in court all by yourself.

Why Will You Be at a Disadvantage?

If you don’t have a lawyer handle your truck accident case in Virginia Beach, you will be at a disadvantage. There’s a greater chance your insurance claim will be denied if you don’t have a lawyer. This may not seem fair, but it’s the truth.

The insurance company doesn’t make money by paying out claims. They have to deny a certain number of claims to be profitable. It makes more sense to deny claims filed by pro se applicants than it does cases where lawyer are involved.

The insurance company knows your Virginia Beach accident lawyer will put up a fight if your claim is denied. They’ll file an appeal. They’ll also work hard to negotiate a settlement with the insurance adjuster.

If your case does get to the point where you need to file suit, you’ll want a lawyer by your side. Imagine going to court and seeing the truck driver there with a team of lawyer. And there you are – all by yourself. It will be intimidating to say the least.

Your Virginia Beach Tractor Trailer Accident Lawyer Has to Prove Fault

Just because there is a bias against truck drivers, that doesn’t mean they’re always at fault. Your attorney is still going to need to prove you were not at fault. There are lots of ways they can do this. Some of the tools they’ll use include:

  • The police report
  • Witness statements
  • The driver’s accident and driving history
  • Your testimony
  • Expert witnesses
  • Accident recreation specialists
  • Your medical records
  • Pictures and video recordings

A good bit of this information will come from the police report. That’s why It’s so important that you call 911 after your accident. Your attorney may be able to get some of this information on their own. However, it can be time consuming and expensive. There’s no reason to make your lawyer’s job any harder than it already is.

What if You’re Partly at Fault?

In most states, you can still recover damages if you were partially at fault. This isn’t the case in Virginia. Unfortunately, in Virginia, if you’re partially at fault, you cannot recover at all. This is because they follow the contributory negligence rule.

Under this rule, unless you can prove the other driver was 100% at fault, you recover nothing. This is why your Virginia Beach car accident lawyer will fight hard to settle your case. You don’t want to risk having your claim dismissed. If this happens, you get nothing.

The truck driver’s lawyer knows this too. So does the insurance adjuster. This is why you may have to consider settling for less than your full demand. If they have evidence that may prove you were even slightly at fault for the crash, you may lose your case.

Contact an Experienced Tractor Trailer Accident Lawyer in Virginia Beach

If you get into a tractor trailer accident, you’ll suffer some pretty serious injuries. Truck accidents are some of the most dangerous of all motor vehicle accidents. You need to focus on recovering from your injuries. Let an experienced Virginia Beach accident attorney handle the legal side of things.

Call CAIL today and schedule your free initial consultation. You can sit down with a skilled lawyer and ask any questions you may have. And remember – you pay nothing until you settle your case.

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