Located just across the Potomac River from Washington, D.C., Arlington is a vital transportation hub that experiences a significant amount of commercial truck traffic. But with this increased activity comes an unfortunate rise in trucking accidents, leading to life-altering consequences for victims and their families. In just one recent year, there were nearly 3,000 crashes in Virginia involving large trucks.
If you were injured in a commercial truck crash caused by someone else, you need a truck accident lawyer. The experienced Arlington truck accident lawyers at Marks & Harrison recognize the complex challenges trucking accident victims face. As dedicated advocates for accident victims, we are committed to providing our clients with compassionate guidance and unwavering support.
We are ready to help victims pursue the justice and fair compensation they deserve. Call an Arlington truck accident attorney today for a free consultation. We are available 24/7 and speak English and Spanish.
Who Can Be Held Liable for an Arlington Truck Accident?
Liability for a truck accident in Arlington can vary depending on the circumstances and parties involved. Several parties may be liable for a truck accident – and determining responsibility often requires a thorough investigation of the crash.
Here are some key parties that could potentially be liable for a truck accident:
- Truck driver – Driver negligence can include speeding, reckless driving, or driving under the influence of alcohol or drugs.
- Trucking company – The trucking company that employs the driver may also share liability. The company may be responsible if the accident occurred due to inadequate driver training, improper vehicle maintenance, or violations of federal regulations governing the trucking industry.
- Vehicle manufacturer – The manufacturer could be liable if the accident resulted from a defect in the truck’s design or manufacturing, such as issues with brakes, tires, steering, or other critical components that failed and contributed to the accident.
- Cargo loading company – If improperly loaded or secured cargo caused the accident, the company responsible for loading the truck may be liable. Overloaded or unbalanced cargo can lead to instability and increase the risk of an accident.
- Government Agencies – The responsible government agency might be liable if a road defect, inadequate signage, or poor road maintenance caused the accident.
Determining liability in a truck accident can be complex, and multiple parties may share responsibility. It is crucial to find an Arlington truck accident attorney who can thoroughly investigate the wreck, gather evidence, and consult with experts who specialize in truck accident cases to identify the parties that can be held liable.
What Regulations Must Truckers Abide By?
Truckers in the U.S. are subject to various regulations to ensure road safety. The Federal Motor Carrier Safety Administration (FMCSA) enforces these regulations, which apply to commercial motor vehicles (CMVs) engaged in interstate commerce. Here are some essential regulations truckers must abide by:
- Hours-of-service (HOS) – The HOS regulations govern the maximum hours a truck driver can be on duty and drive in a given period. These rules limit daily driving time, require rest breaks, and mandate specific numbers of off-duty hours to prevent fatigue-related accidents.
- Commercial driver’s license (CDL) – Truckers must obtain a CDL, which requires passing written and practical exams to demonstrate knowledge and skills in operating CMVs. Different types of CDLs are available based on vehicle size and endorsements for specialized operations like carrying hazardous materials.
- Drug and alcohol testing – Truck drivers must undergo regular drug and alcohol testing to ensure they are not impaired while operating a CMV. Testing includes pre-employment testing, random testing, post-accident testing, and reasonable suspicion testing.
- Vehicle inspections – Truckers must conduct pre-trip and post-trip inspections of their vehicles to identify and address any defects or maintenance issues that could compromise safety. Regular maintenance and keeping accurate records of inspections are vital.
- Weight and size limits – Trucks must meet weight and size limits imposed by federal and state regulations. These limits vary depending on the type of vehicle, road classification, and permits obtained for oversized or overweight loads.
What Are Some of the Main Causes of Truck Accidents?
Truck accidents can have severe consequences due to the size and weight of commercial vehicles. Several factors contribute to these accidents, and identifying their causes is crucial in determining liability.
Here are some of the leading causes of truck accidents:
- Distracted driving – Distractions like using cell phones, eating, adjusting GPS devices, or engaging in other activities that take a driver’s attention off the road can increase the risk of accidents.
- Equipment failure – Mechanical failures, such as brake malfunctions, tire blowouts, or faulty steering systems, can cause a truck driver to lose control.
- Fatigue – Fatigue is a significant cause of truck accidents. Long hours on the road, irregular schedules, and pressure to meet deadlines can lead to drowsy driving. Driving while fatigued can impair a truck driver’s reaction time and judgment.
- Impaired driving – Operating a truck under the influence of alcohol, drugs, or certain medications can impair a driver’s abilities and judgment and increase the likelihood of an accident.
- Inadequate training – Insufficient training and experience can lead to errors in judgment, improper handling of the vehicle, and failure to respond effectively to challenging situations.
- Poor maintenance – Neglecting regular vehicle maintenance, including inspections, repairs, and component replacements, can lead to equipment failures and contribute to accidents.
- Speeding and reckless driving – Truck drivers who exceed speed limits or engage in reckless behaviors such as aggressive lane changes, tailgating, or improper overtaking significantly increase the risk of accidents.
To prevent these causes, trucking companies must prioritize driver training, implement comprehensive safety programs, enforce strict maintenance schedules, and promote following regulations and safe driving practices. Drivers should prioritize rest, follow hours-of-service regulations, avoid distractions, and operate their vehicles responsibly.
Failure of either the company or the driver to take these preventative measures can make them liable for the accident. Contact our Arlington truck accident lawyer today.
What Are Some Types of Truck Accidents?
Truck accidents can be of different types, including:
- Rear-end collisions – A rear-end collision occurs when a truck fails to maintain a safe distance and strikes the vehicle in front. They are often caused by driver inattention, distraction, or inadequate braking.
- Head-on collisions – When two vehicles meet front to front, that’s a head-on collision. These wrecks can happen when one vehicle swerves into oncoming traffic or a driver turns the wrong way onto a one-way street.
- Jackknife accidents – These occur when a truck trailer swings outward, forming a V shape with the cab. Jackknifing can result from sudden braking, slippery roads, or improper load distribution.
- Rollover accidents – A rollover accident happens when a truck tips onto its side or roof, often due to high speeds, sharp turns, or unstable loads.
- Underride accidents – These occur when a smaller vehicle collides with the rear or side of a truck and slides underneath, usually due to inadequate underride guards on the truck.
- T-bone accidents – When a vehicle goes through a stop sign or red light at an intersection, it can end up crashing into the side of a vehicle crossing its path. The result is a T-bone accident.
- Wide-turn accidents – A wide-turn accident can result when a truck swings wide while turning, potentially colliding with other vehicles, pedestrians, or fixed objects.
- Lost load accidents – If improperly secured cargo falls from a truck, it can pose hazards to other motorists and potentially cause accidents.
What Compensation Is Available for a Truck Accident Claim?
In Virginia, truck accident victims can seek various types of compensation for their losses, including:
- Both current and future medical expenses related to injuries sustained in the accident
- Rehabilitation costs
- Lost wages or earning capacity
- Property damage
- Other out-of-pocket expenses directly caused by the accident
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
Is There a Time Limit for Filing My Truck Accident Claim in Virginia?
Under Va. Code § 8.01-243, you must file a lawsuit within two years of the date of the trucking accident. If you miss the filing deadline, you could be barred from pursuing your case.
Contact an Arlington Truck Accident Lawyer
If you were injured in an Arlington trucking accident, you should contact an experienced truck accident lawyer with the knowledge, skill, and resources necessary to handle these cases. Our legal team at Marks & Harrison understands the intricacies of trucking regulations, liability considerations, and insurance claims. We’ll assess the unique circumstances of your case, gather evidence, and build a solid legal strategy to seek maximum compensation for you. Arlington personal injury lawyer.
When you enlist Marks & Harrison to take on your case, you can focus on your recovery and well-being, knowing your legal matters are in capable hands. We want to help you protect your rights and get the compensation you need. Call us today for a free consultation to learn more.
