A truck accident can change your life instantly if you suffer severe injuries in the crash. You may face a long road to recovery, complicated by financial pressures from growing medical expenses and lost income from missed work. Turn to a Fairfax truck accident lawyer from Marks & Harrison to help you pursue accountability and justice from the negligent trucker or trucking company that caused your injuries.
Since 1911, our firm has worked tirelessly to stand up for the rights and interests of injured Virginians. Over the years, we’ve grown into one of the largest personal injury firms in the state, with a legal team of 27 attorneys and 88 support staff. We’ve also become the only law firm in Virginia to receive the four most prestigious awards of the Virginia Trial Lawyers Association.
When you’ve been hurt in a truck accident caused by a careless truck driver or trucking company, get legal help to hold at-fault parties accountable for your injuries and losses. Contact a Fairfax truck accident lawyer from Marks & Harrison for a free initial claim review to learn how our firm will fight to demand maximum compensation for you.
What Are Some Different Types of Truck Accidents?
Commercial trucks can cause a wide range of accidents.
Some of the most frequent types of truck accidents include:
- Rear-end collisions
- Head-on collisions
- Side-impact, or T-bone collisions
- Sideswipe collisions, where the side of the truck hits the side of another vehicle
- Underride collisions, where a car gets wedged underneath a truck trailer
- Jackknife accidents
- Rollover accidents
- Cargo accidents, including accidents where cargo falls onto vehicles or other drivers hit fallen cargo on the road
What Are Common Causes of Truck Accidents in Fairfax?
Due to the complexity of operating a commercial truck, any careless oversight or reckless act by a truck driver or trucking company can lead to a truck accident.
Common causes of truck crashes in Fairfax include:
- Speeding or driving too fast for road, weather, or traffic conditions
- Following too closely, or tailgating
- Reckless driving, such as swerving through traffic
- Running red lights or stop signs
- Changing lanes, turning, or backing up without using turn signals or checking mirrors
- Failing to yield the right of way
- Drowsy driving
- Distracted driving
- Driving under the influence of alcohol or drugs
- Inadequate truck or trailer maintenance
- Truck defects
- Unsafe cargo loads, including exceeding hauling capacities, not balancing cargo loads, or not securing cargo from shifting
- Driver inexperience
What Are the Most Frequent Injuries from a Truck Accident?
Because of their size and weight, commercial trucks cause more violent force in a crash and lead to more severe injuries.
Some of the injuries that truck accident victims suffer include:
- Broken bones
- Burns
- Lacerations, abrasions, or degloving injuries
- Whiplash
- Nerve damage
- Ligament, tendon, or muscle tears
- Internal injuries and bleeding
- Herniated spinal discs
- Spinal cord injuries and paralysis
- Head and traumatic brain injuries (TBIs)
- Traumatic amputation or limb loss
What Are the FMCSA Regulations?
The Federal Motor Carrier Safety Administration (FMCSA) regulates the interstate trucking industry. The agency has issued regulations for trucking companies and truck drivers. One of the most critical FMCSA regulations for truck drivers includes the hours-of-service (HOS) regulations. These regulations limit the hours a driver may spend on duty and behind the wheel.
Hours-of-service regulations for truck drivers in Virginia include:
- Drivers may drive a maximum of 11 hours after spending at least 10 consecutive hours off-duty.
- Drivers may not drive beyond the 14th consecutive hour after coming on duty, following an off-duty period of at least 10 consecutive hours.
- Drivers must take a 30-minute break after driving for 8 hours without a break of at least 30 minutes. Drivers may spend their break on duty but not driving, off duty, or in the sleeper berth.
- Drivers may not drive after spending 60 hours on duty in 7 days or 70 hours on duty in 8 days. These periods reset after a driver has an off-duty period of at least 34 consecutive hours.
- Drivers may extend the 11- and 14-hour limits by up to two hours when encountering bad driving conditions.
What Is the “Black Box” on Commercial Trucks?
A commercial truck’s “black box” refers to various computer systems installed on newer trucks.
Many modern commercial trucks carry three computer systems that perform different tasks:
- The electronic control module – The electronic control module runs the truck’s engine and electronic systems, such as the infotainment system or built-in navigation.
- The event data recorder – Including a computer and associated sensors, the event data recorder monitors and records information about the truck’s operations in the moments leading up to an accident, such as the truck’s speed, acceleration, braking, or steering inputs.
- The electronic logging device – Truck drivers use this computer system to track their service hours.
After a truck accident, your lawyer may request copies of data from these systems to look for evidence of the cause of the crash. For example, the event data recorder might show that the truck driver never hit the brakes before the collision. Or the electronic logging device might reveal that the driver had exceeded their hours-of-service limits and may have caused the accident due to drowsy driving. Contact our Fairfax truck accident lawyer today.
Who Could Be Held Responsible for a Large Truck Collision?
The trucking industry involves multiple kinds of companies. Any of these organizations or their employees may have liability for a truck accident.
Potentially liable parties in truck crash claims include:
- The truck driver
- The trucking company
- The truck’s owner, if not the driver or trucking company
- The freight company that loads cargo onto the truck or trailer
- The truck or trailer manufacturer
- Truck part manufacturers
- Auto shops that service the truck or trailer
How to Prove Who Is Liable for a Fairfax Truck Accident
Identifying the parties whose negligence caused a truck accident requires reviewing different pieces of evidence from the crash, such as:
- The truck driver’s hours-of-service logs
- Data from the truck’s “black box”
- The driver’s pre-trip inspection reports
- The truck’s cargo manifest
- The trucking company’s dispatch logs
- The truck’s or trailer’s maintenance records
- Post-accident inspections of the truck
- Accident scene photos or videos
- Eyewitness statements
- Footage from surveillance and traffic cameras, dashcams, or in-cab cameras
- Police accident reports
- Results from the truck driver’s post-crash alcohol and drug tests
- Expert reports and testimony from accident reconstruction, engineering, or trucking safety experts
What Are Some Things I Should Do After Being in a Truck Accident?
After you’ve had a truck accident, you need to act quickly to put yourself in the best position to recover compensation for your injuries and losses.
Things to do after getting hurt in a truck crash in Fairfax include:
- Contact law enforcement to report the crash. Request copies of the police accident report if officers respond to the accident scene and investigate.
- Go to the hospital or see your doctor as soon as possible to diagnose injuries you sustained in the crash.
- Follow your healthcare provider’s treatment recommendations and medical restrictions.
- Request copies of the medical records of your treatment.
- Notify your auto insurance company.
- Keep bills, invoices, receipts, and other records of expenses you incur, including vehicle repairs and medical treatment.
- Gather your pay stubs or income statements to calculate your lost earnings.
- Keep a diary or journal to document your recovery, including physical pain, difficulties with activities, or emotional distress you experience due to your injuries and subsequent medical treatment.
- Contact a Fairfax truck accident lawyer at Marks & Harrison to discuss the next steps you should take to pursue financial recovery from the truck driver and trucking companies.
What Compensation Can Be Recovered from a Truck Accident Lawsuit?
A truck accident lawsuit can compensate you for the financial and personal losses you incur in a crash caused by someone else.
A Fairfax truck accident attorney from Marks & Harrison will fight to maximize your financial recovery for your:
- Medical treatment and rehabilitation costs
- Costs of long-term care or support services for permanent disabilities you’ve suffered
- Ongoing and future losses of wages or income
- Physical pain and anguish
- Emotional trauma and distress
- Reduced quality of life due to physical disabilities or permanent, visible scarring and disfigurement
- Vehicle repair expenses or reimbursement for the value of your car if the accident totaled it
Is There a Deadline for a Truck Accident Lawsuit in Virginia?
Virginia’s statute of limitations under Va. Code § 8.01-243 usually requires you to file a truck accident lawsuit within two years of a crash. You might lose your right to recover compensation if you wait too long to file your lawsuit. A truck driver or trucking company can file a motion to dismiss your lawsuit if you file it after the limitations period expires on your truck accident suit. You should contact a Fairfax truck accident lawyer as soon as possible to ensure you file your lawsuit on time.
Contact a Fairfax Truck Accident Lawyer
When you’ve suffered life-altering injuries in a truck accident in Fairfax, you deserve to seek compensation and justice from the negligent party that caused the crash. Contact Marks & Harrison today for a free, no-obligation consultation. You can speak with a Fairfax truck accident lawyer about your legal options for pursuing compensation for your medical expenses, lost income, and pain and suffering. Fairfax personal injury lawyer.
