Virginia Beach Truck Accident Lawyer
Virginia Beach Truck Injury Lawyers
The truck lawyers in Virginia Beach deal with truck related accidents on regularly. Any experienced semi truck accident attorney knows that every year close to one hundred people lose their lives in truck accidents and many more suffer bodily injury. If you were injured in a truck accident that was not your fault, call Virginia Beach truckers lawyers at CAIL Law Firm for a FREE case evaluation. A truck injury lawyer can answer any questions you might have and inform you if you have a case or not.
For the above mentioned individuals that incur serious injuries need months to recover and accrue expensive treatment over time in order to recover. For more than half of these accidents, the FMCSA admits that the truck drivers are at fault. The rest of the accidents are the responsibility of the other drivers involved or third parties.
Accident victims can recover their losses from the party at fault or their insurer. However, they should not attempt it without the help of a Virginia Beach truck accident attorney. Whether the truck driver is at fault for the accident or a third party, finding proof will not be easy.
Why Hire a Semi Truck Accident Attorney
Proving truck accident fault takes thorough knowledge of FMCSA rules, Virginia laws, and truck companies operations. These are very important when it comes to identifying the party at fault. Several liability scenarios are possible.
Truck driver at fault
Truck drivers often fall asleep behind the wheel. They have to comply with challenging delivery schedules, and fatigue gets the best of them. Some take time to sleep but then accelerate to recover the lost time. There are also truck drivers who drink, take drugs, or drive recklessly.
Trucking company at fault
Many trucking companies only care about money. They accept rush contracts to make more, and they cut corners when it comes to truck maintenance. They hire inexperienced drivers or force drivers to cover record distances in short amounts of time. Proving their fault is a job for a seasoned Virginia truck accident lawyer.
Perhaps the drivers and the trucking company did their job. The fault may be that of their clients or service provider. Perhaps the clients overloaded the truck or failed to secure the cargo. It shifted when the vehicle took a turn and caused the driver to lose control. Perhaps the company in charge of maintaining the truck failed to do their job. Anything is possible, but what matters is what you can prove.
All of these parties should carry insurance. In theory, the accident victim can choose whether to seek compensation from them or their insurers. In practice, filing a claim with an insurance company is easier than going through a civil lawsuit.
However, insurers have their own claim adjusters and lawyers, and they do not pay willingly. In fact, they will do everything in their power to avoid paying. It is understandable, considering that truck accident compensation can reach huge amounts.
A strategy that pays excellent results for Virginia insurers is proving contributory negligence. Under Virginia law, accident victims who are 1% at fault lose their right to compensation. Most insurers take advantage of this stipulation to avoid paying.
They usually succeed when the claimant does not work with a Virginia truck accident lawyer. Those who choose to hire legal help have valuable benefits to reap. They get help with every step of the compensation claim process.
The Steps of Claiming Compensation with the Help of a Virginia Beach Truck Wreck Lawyer
1. The Accident Scene Investigation
It is the most important part of the claim preparation process. The accident scene provides evidence of how the accident occurred and what injuries it caused. It is the best time to determine accident liability and find witnesses to corroborate your story.
At Commonwealth Accident Injury Law (CAIL), we have many clients calling us from the accident scene. When possible, we go there and take over all the hassles. We check the truck, its cargo, ties, brakes, lights, and steering system. We look for signs of braking, fluid leaks, and more. When we cannot get to the scene or clients call us too late, we advise them on how to proceed.
Taking photos, recording, and asking around are the best strategies to gather evidence. Unnecessary discussions, apologies, and premature negotiations are costly mistakes. You would be surprised at how fast insurers try to take advantage of accident victims. We love it when we get a chance to stop them.
2. The Claim Preparation Process
This step involves putting facts together, establishing and proving liability, and quantifying losses. Truck accident victims can claim property damage, medical expenses, pain and suffering, and more. In order to recover their losses, they will need evidence they incurred them and value assessments. These are part of everyday routine for a Virginia Beach truck accident attorney.
So is following procedures, and Virginia laws impose strict time limits for filing claims. They allow two years for claiming injury-related expenses. For property damage, the limit is five years. Time flies by when you are injured, people forget, and evidence disappears. The best approach is to start early and work with a Virginia truck accident lawyer.
3. The Claim Negotiation Process
Those who complete the first steps successfully always receive settlement offers. Otherwise put, the party at fault for their accident offers them money to give up their claim. The purpose of the offer is to help the defendant pay less. It could be convenient for the claimant as well, as they get paid earlier.
The secret is to negotiate. It is not easy. However, truck accident attorneys know how to do it in order to get more money for their clients. At CAIL, we treasure our clients’ interests above everything else. We do everything in our power to defend them. We negotiate settlement terms, file appeals, and even go to court.
Get a CAIL Virginia Beach Trucking Accident Lawyer on Your Case!
If you incurred injuries and property damage in a truck accident in Virginia Beach, a Virginia Beach truck crash lawyer at CAIL can help! Any of our truck crash attorneys can defend your interest and build you a winning case right from the accident scene. All you have to do is get in touch.
You can do so by phone, at 1-800-HURT-123, or online. The first consultation with any of our trucking attorneys is free, so you have nothing to lose. You will win a knowledgeable and dedicated ally. Your Virginia Beach truck driver attorney will not rest until getting you the compensation you deserve.