Commercial truck accidents are less common in terms of overall numbers, but they have an outsized impact on drivers in Virginia. Large trucks are involved in a disproportionate share of fatal collisions. According to the Virginia Department of Motor Vehicles’ 2019 Traffic Crash Facts report, that year, there were 2,484 large truck accidents across the state, including 48 crashes in which at least one person died and 851 crashes in which there were serious injuries.
When seeking compensation for your injuries and financial losses after a truck accident, you’ll need to prove that the truck driver, trucking company, or another party caused the accident through negligence. To understand your legal options for seeking accountability after a truck accident, talk to an experienced Richmond truck accident lawyer.
The personal injury lawyers at Marks & Harrison have been helping accident victims in Virginia move forward after serious accidents for more than 100 years. We have 26 attorneys and more than 100 support staff members ready to work on your case. Receive a free case review by calling our office, chatting with us live, or visiting our contact page.
Police report, visual evidence, and witness statements
Three of the most common pieces of evidence used to establish fault in truck accidents are police reports, visual evidence, and witness statements.
- Police reports – Police reports could help establish the basic facts of a truck accident such as who is involved, where the accident occurred, who was injured or killed, and what outside factors may have contributed to the accident. Police reports can shed light on whether anyone in the accident was acting negligently. For example, a police investigation may reveal that the truck driver was speeding at the time of the crash, fatigued, or driving while impaired.
- Visual evidence – Pictures and videos from the scene are often helpful for establishing who is at fault. Pictures of the scene, tire skid marks, and damage to the vehicles may indicate how the tractor trailer accident occurred. Video footage from traffic, dashboard, or surveillance cameras could also be crucial in showing how the accident happened and who was at fault.
- Witness statements – Eyewitness accounts also can provide crucial details about what happened, especially if they come from someone who was not involved in the crash. For example, someone may have seen the truck driver speeding or watched the vehicle run a red light. If the account comes from an unbiased observer, it could validate your claim.
Truck Driver Negligence
Some examples of truck driver negligence include:
- Driving while fatigued- Truck drivers are often under pressure to deliver cargo on tight deadlines. Even though there are state and federal Hours-of-Service regulations that require truck drivers to take breaks at prescribed intervals, some drivers disregard the rules and drive while dangerously fatigued. Tired drivers often do not recognize or respond to hazards as quickly as an alert driver. A drowsy driver also might have trouble staying awake and could drift across the centerline and collide with another vehicle.
- Speeding- Trucks are a major hazard to other vehicles because of how big and heavy they are. When truck drivers speed, they have less time and space to maneuver in an emergency, making it harder to avoid a crash. Collisions at higher speeds involve greater force of impact, often resulting in more severe injuries and property damage.
- Reckless driving- Unsafe lane changes, failing to yield when required, following too closely, stopping short, and other reckless or aggressive driving maneuvers are all ways that truck drivers can cause preventable accidents.
- Driving while impaired- Commercial drivers who abuse alcohol, illegal narcotics, or prescription medications have an increased chance of causing a crash.
Trucking Company Negligence
Truck drivers aren’t the only parties who may be at fault in an accident. Trucking companies can also be held liable if they don’t hire, train, and supervise drivers responsibly or if they fail to maintain their fleet of vehicles properly. Examples of trucking company negligence include:
- Inadequate supervision- By looking at truck drivers’ logs and data from electronic recorders in the trucks themselves, trucking companies can see if their drivers are obeying speed limits and taking their required breaks. Trucking companies have a legal responsibility to ensure that their drivers are not placing others on the road at risk.
- Hiring inexperienced drivers- Driving and maintaining control of a large truck is much different than driving a passenger vehicle, requiring special training and many years of experience. However, the demand for commercial drivers means that sometimes companies hire drivers who may not have the right qualifications or training to do the job. Some drivers may have unsafe driving records. This puts everyone on the road at risk.
- Hiring unqualified drivers- A conviction for intoxicated driving or a history of traffic violations or prior accidents should bar someone from being hired as a truck driver again, but not all trucking companies are careful enough about who they hire. When trucking companies hire drivers who’ve previously put other drivers at risk, the trucking company may be legally liable for negligent hiring or supervision.
What Are Some Common Injuries Caused by Truck Accidents?
Some of the most common injuries that occur in truck accidents include:
- Broken bones and fractures
- Severe cuts and lacerations
- Crushed and severed limbs
- Neck and back injuries
- Spinal cord injuries
- Traumatic brain injuries
- Bodily disfigurement
- Death
How Can You Prove Negligence in a Truck Accident Case?
Proving negligence in a truck accident case can be challenging. Fortunately, with a skilled Virginia injury attorney who has handled truck accidents before, it is possible to hold a trucking company accountable and seek the full compensation you’re owed. To build a strong case, you’ll need to show that the truck driver or the trucking company had a responsibility not to endanger you and that one or both failed to live up to that legal duty, causing the accident and your injuries.
In the case of truck drivers, you’ll need to show that the driver’s actions or inaction caused the crash and your injuries. The process is similar for trucking companies and other potentially liable parties, such as third-party maintenance companies or the truck’s manufacturer
You’ll need to present a strong negligence claim because of Virginia’s negligence laws. Virginia uses a pure contributory negligence standard for personal injury claims, which means that if you are found to have contributed to the accident in any way, you could be barred from recovering any compensation. This makes establishing fault vital. Our knowledgeable truck accident attorneys at Marks & Harrison can work with accident reconstruction specialists to investigate the accident and develop a persuasive case.
How do you know when you need legal help for a truck accident case?
Because truck accidents often result in devastating injuries, it is wise to speak to a lawyer to discuss your rights as soon as possible if you’ve been hurt in a truck crash. The sooner an attorney is working on the case, the better the chances of preserving evidence to prove fault.
The Virginia truck accident lawyers at Marks & Harrison have the knowledge and resources necessary to handle even the most complex truck accident injury claims. Our consultations are free. You won’t owe us anything until we recover compensation for you. Call us now or reach out online to speak with us today.
