Were you severely injured in a truck accident in Virginia? If so, you might be aware that Virginia law allows you to seek compensation for your injuries and losses if someone else’s negligence caused the crash. However, you might not know how to seek the compensation you need and deserve and how long it might take to recover the money you deserve.
The Virginia truck accident attorneys at Marks & Harrison are ready to help you understand your rights as someone who has been injured by someone else’s recklessness or carelessness. We know that seeking compensation through an injury claim is likely unfamiliar to you, and we’re here to guide you through the process.
Contact us today to learn more about how our team can assist you. We offer a free, no-risk initial case review to all potential clients.
Reviewing Information from the Virginia Police Report, Visual Evidence, and Witness Statements
One of the first steps in the process of seeking compensation for truck accident injuries is conducting a full investigation into the crash. Your truck accident attorney can investigate the accident and secure crucial evidence to build a convincing case on your behalf.
Some common types of evidence your attorney may gather include:
- The police report – When a truck accident occurs, law enforcement will come to the scene and draft an accident report. The report will contain pertinent information, including a description of your injuries, a description of the damage to each vehicle, witness contact information, and the officer’s initial determination of fault.
- Visual evidence – Photo and video evidence can be useful in proving your claim. If you can, you should take photos of your injuries, damage to your vehicle, and the scene of the accident as a whole. Your attorney might also track down any available surveillance footage or dash camera recordings that captured the accident on film.
- Witness statements – If any bystanders witnessed the accident, your attorney can ask them for a statement. Witnesses can significantly strengthen your case by offering an objective perspective of the accident that corroborates your version of events. Often this evidence is captured by the police officer’s body cam.
- Expert witness – an accident reconstruction expert is often hired for truck accident cases to analyze the truck’s black box or determine if the truck is above the weight limit
- Additional evidence – Other evidence sometimes used in truck accident claims includes truck driver logbooks, cell phone records, and other documentation.
Determining Potentially Liable Parties and Available Insurance Coverage
Determining liability in a truck accident is not always straightforward. While it might seem obvious that the truck driver who hit you was at fault, other parties could have contributed to the accident as well.
Examples of potentially liable parties in a truck accident include:
- The truck driver – The truck driver is often at least partly to blame for the accident. Truck drivers can be negligent in many ways. Some common types of driver negligence include distracted driving, fatigued driving, drunk driving, speeding, reckless driving, unsafe lane changes, failing to yield right-of-way, and more.
- The trucking company – The trucking company could also bear some responsibility for the accident. They could be held liable if they encouraged the driver to exceed the legally allowed hours of service limits, failed to perform proper maintenance on the truck, or were negligent in some other way that contributed to the accident. If the trucker was an employee – regardless of the label – the trucking company would be vicariously liable for the driver’s negligence.
- The truck’s owner – In some cases, trucking companies lease their vehicles from third parties. If the truck’s owner supplied the trucking company with a faulty vehicle, then the truck’s owner might also be liable for the crash.
- Third-party maintenance company – Trucking companies sometimes employ third-party maintenance companies to perform regular inspections and maintenance on their vehicles. If the crash occurred because a third-party maintenance company failed to perform its duties, it could be held partly liable for the accident.
- Cargo loaders – Cargo loaders could potentially be held responsible for the truck accident if unsecured cargo contributed to the crash. If freight isn’t correctly secured, it can shift around inside the trailer and throw off the truck’s center of gravity. Unsecured cargo can also fall off the truck and trigger a crash.
- Defective part manufacturers – In some cases, mechanical defects contribute to an accident. For instance, if a truck’s brakes go out or the trailer hitch fails, the manufacturer might be partly liable for a resulting crash.
Several insurance companies might be involved in the claims process if multiple parties were responsible for the truck accident. You will need the help of an attorney to identify all potential sources of compensation. An attorney can also deal with the various insurance companies while you focus on healing.
How Long Does an Insurance Company Have to Investigate a Claim in Virginia?
There is no specific deadline by which an insurance company must complete its investigation, though they must make a good-faith effort to process the claim in a timely fashion. Insurance companies may delay claims for various reasons. However, you can expect most investigations to be completed within about 45 days.
If 45 days have passed and you have not been updated on the status of your claim, you can have your attorney contact them for information.
How Do They Calculate Accident Settlements?
Many factors go into the process of calculating an insurance settlement. Some of the most critical factors include economic losses such as medical bills, lost income, rehabilitation costs, and more. Non-economic losses such as pain and suffering are more difficult to put a dollar figure on, but they are equally essential in determining a fair settlement.
Some insurance companies might use a formula or a computer program to calculate accident settlements. For example, their process might involve applying a multiplier to the economic damages to calculate an award for non-economic losses that affect a victim’s quality of life.
Regardless of what internal method insurers use, you should be wary of accepting any initial settlement offers from the insurance company if you have not spoken with an attorney. In most cases, the first settlement offer will be less than what you deserve. An attorney can independently tabulate your expenses, quantify your non-financial losses, and negotiate with the insurance company on your behalf for an appropriate settlement.
How Can You Prove Negligence in a Virginia Truck Accident Case?
Proving negligence can be challenging. To demonstrate liability for the accident, you’ll need to show that another party was obligated to keep you from harm and that they failed to do so through some form of negligence.
For example, if the truck driver was intoxicated at the time of the accident, you could use their blood-alcohol concentration test to prove that they were negligent. You will also need to draw a direct link between the truck driver’s negligence and the accident that resulted in your injuries. In the mentioned scenario, you will need to demonstrate that they caused the accident because the truck driver was impaired by alcohol or drugs. Finally, you’ll need to show that you suffered losses because of the crash. For instance, if you were injured and incurred medical bills, that would count as a loss.
Get Legal Help with Your Virginia Truck Accident Claim
Were you injured in a truck accident in Virginia? If so, contact Marks & Harrison today for a free consultation. Our experienced attorneys are ready to walk you through every step of the claims process and help you pursue the full and fair compensation you deserve.
