Auto accidents are scary and traumatizing experiences. However, those involved in trucking accidents have it relatively worse. Because trucks are large vehicles, crashes involving trucks are usually among the deadliest accidents in Virginia.
There are several causes of truck wrecks in Virginia. These include reckless driving, distracted driving, negligent driving, mechanical failure, inclement weather conditions, etc.
People involved in truck crashes often wonder who they can sue for their truck accident. If you are one of such people, this article is for you. We would be informing you about the various parties who can be liable for your crash and how to go about the lawsuit.
Because the truck accident lawsuit’s settlement process is a complex one, we advise you get an experienced Richmond truck accident lawyer from VACAIL in your corner. They would help you through the whole process.
- What Are the Steps To Take After a Truck Accident in Virginia?
- Who Do I Sue After a Truck Accident?
- What Are the Available Compensation for a Truck Accident?
- Get Help From VACAIL Personal Injury Law Firm!
What Are the Steps To Take After a Truck Accident in Virginia?
After commercial truck accidents in Virginia, there are certain necessary steps you have to carry out. Failure to following these could threaten your case. If you carry out these steps after the crash, you will protect your rights and claim.
Call the Police
Reporting the crash to the police is an essential step to take after the incident. Once you have made the call, you must remain at the accident scene till the police get there. Obtaining a police report, which has details about the accident, would benefit your personal injury lawsuit.
Seek Medical Attention
A truck accident injury could be very severe and life-threatening if not well taken care of. It is advisable to get medical help immediately after the police clear you from the accident scene. The medical report contains a list of all your injuries. This would help you get the appropriate compensation.
Exchange Information With the Other Parties
In a truck crash, a single person is not the only party involved in the occurrence. It is essential to exchange contact information with the truck driver. You need details like the driver’s name, address, phone number, trucking company, and insurance details.
Contact Your Insurance Company and Attorney
Your insurance company and personal injury attorney are crucial players in your truck accident lawsuit. Not informing them about your wreck can be injurious to your claim. If you hope to get the maximum compensation for your damages, you must contact your insurer and attorney after the crash.
Who Do I Sue After a Truck Accident?
In a truck collision, several parties could be responsible for causing the crash. Determining who is at fault in a truck crash involves a lot of truck accident investigation, gathering evidence, and talking to eyewitnesses. If you hope to sue after a truck collision, one or more of these parties will bear the liability.
The Truck Driver
The first and most common party liable for a truck crash is the truck driver. This is mostly because of negligence. Instances of driver negligence could include speeding, driving under the influence of alcohol or drugs, reckless driving, etc.
Also, ignoring Federal Hours of Service Regulations is a sign of negligence. These regulations give a limited number of hours a truck is to be on the road.
The Trucking Company
The company that owns the truck or hired the truck driver could also be liable for the collision. However, trucking companies try to avoid the crash’s liability by claiming that such drivers are independent contractors. The court has to examine the working relationship between trucking companies and their drivers to determine who should be liable.
The Truck Mechanic
Commercial trucks or semi-trucks travel thousands of miles every month. Because of this, such vehicles need proper maintenance to function well. If the party responsible for this duty fails, it could cause serious issues for the driver and other road users. If an accident occurs because of a mechanical fault, such as brake line failures, the mechanic could face a lawsuit.
The Shipping Company
If a shipping company overloads the truck, it could lead to a crash. Also, the shipping company might load the truck unevenly. In situations like this, the shipping company becomes at fault for the accident. Overloaded or unevenly loaded trucks are prone to tipping over if the driver encounters high winds or sharp turns.
The Truck’s Manufacturer or Designer
If the truck accident happened due to a vehicle part defect, the truck’s manufacturer or designer could share fault in the accident. Also, there are certain rules and regulations vehicle manufacturers are to follow. Failure to do so could lead to an accident. You need a truck accident attorney to prove the fault of the manufacturer or designer in this case.
What Are the Available Compensation for a Truck Accident?
After a severe traffic accident like a truck crash, the injured parties have to be compensated. The fault party has to pay compensation for damages. In this aspect, we would be discussing the types of settlements you can get in truck accidents.
Economic damages could also be called financial compensation or monetary compensation. This is because they focus on the monetary losses you get as a result of the accident. In a traffic accident like a truck crash, the injured person(s) get compensation for the money they lost because of their injuries. These include:
- Medical costs and expenses for their treatments
- Loss of income or wages
- Legal fees for attorney
- Property damages
This type of settlement looks to compensate for the psychological harm that the accident caused. When we talk of psychological harm, we are talking about any mental trauma the victim suffered during and after the crash. An example is Post Traumatic Stress Disorder (PTSD). Working with a truck accident attorney with experience would help you calculate the right amount of non-economic damages you should receive.
Punitive damages are awarded against the at-fault driver to punish them further for their misconduct and their role in causing the accident. However, punitive damages are only given to drivers that exhibited malicious behavior, negligence, and deliberate disregard for other road users.
If any of the accident victims die because of the accident, there could also be compensation for wrongful death. The family of the deceased person is entitled to several compensations such as:
- The deceased person’s pre-death “Pain and suffering.”
- Medical bills of the deceased person before their death
- Funeral costs
- Lost wages
Get Help From VACAIL Personal Injury Law Firm!
At VACAIL, we have an experienced team of personal injury lawyers that put your needs first. We would be with you throughout the whole process of your personal injury claim. From the beginning of the trial to the end of your case, we will be there for you.
All our clients get 24/7 access to the attorney’s personal phone number, and we are willing to answer any question you might have. Furthermore, we offer free consultations, and we will ensure you get the justice you deserve. So, please do not delay in contacting us today.