Truck Accident Lawyer Virginia Beach
In Virginia Beach, a family’s life was shattered when a truck driver rear-ended their car at a red light. The parents both suffered back and neck injuries. Their two young girls were in the back of the vehicle, and they were hurt even worse—both suffered traumatic brain injuries.
One was later diagnosed with a concussion. The other had to undergo extensive treatment for swelling and bleeding in the brain, as well as fractured skull bones. Doctors later determined she had permanent intellectual impairment due to loss of brain tissue.
Like many families who go through accidents involving large trucks, this family faced mounting medical bills, lost wages, and an uncertain future. They had questions like, “How can we cover these medical expenses?” and “Who was responsible?”
These are the types of questions that our Virginia Beach truck accident attorneys can answer—and did answer for this family. At Shapiro, Washburn, & Sharp, we understand that these types of accidents are complex and often involve multiple negligent parties. Call us today at 833-997-1774 for a free consultation.
What Are the Truck Driver’s Responsibilities?
In a case like the one mentioned above, the truck driver is responsible for their actions. They must avoid distractions, drive sober and well-rested, and adjust their driving as needed for the weather conditions. Police from the Virginia Beach Fatal Accident Trash Team, who spoke to the driver in the incident mentioned, noted their suspicion that he had briefly fallen asleep behind the wheel.
Indeed, fatigue is a major factor in many trucking accidents. Drivers may fail to get enough sleep or push themselves to drive more hours than they should. In some cases, trucking companies may pressure drivers to work longer hours to meet tight delivery schedules.
Sometimes, drivers may have medical conditions or take medications that contribute to drowsiness. Sleep apnea, for example, as well as diabetes and hypothyroidism, can cause excessive fatigue if not properly treated. Medications like antihistamines and some antidepressants can also have sedative effects. Drivers are responsible for making sure they are alert behind the wheel, no matter what health conditions they may be dealing with.
Going after the driver alone, however, is usually not sufficient in a personal injury case. An individual is likely to have limited financial resources, making it difficult for them to come up with enough money to pay for extensive medical treatments, such as would be necessary in the case of the young girl who suffered from a traumatic brain injury.
Trucking companies have far greater financial resources and insurance coverage than individual drivers, which makes them a more viable source of compensation for victims. In addition, many accidents arise because the company fails to meet its obligations. Holding the trucking company responsible for its role can lead to more meaningful compensation amounts for families.
How Might the Trucking Company Be Responsible?
Trucking companies are responsible for their drivers’ actions in the course and scope of their employment. They also have additional obligations.
Conducting Proper Background Checks
Before hiring a driver, a trucking company must conduct a thorough background check to make sure they are hiring a responsible person. This includes checking their driving history, making sure they have the proper licenses, and confirming that they have no prior violations related to reckless driving or substance abuse.
Some companies don’t take the time to do all this. Instead, they hire drivers who are unqualified or downright dangerous. If our truck accident attorneys discover evidence that the driver was reckless or otherwise violated the rules of safe driving before being hired, we can argue that the trucking company was negligent in hiring them.
Implementing Appropriate Training Programs
Commercial truck drivers must undergo special training before being cleared to operate a large vehicle. Trucking companies are responsible for providing or ensuring that this training is completed and that the driver has all the certifications necessary to drive the vehicle they are assigned to drive. If the company allows a driver to operate a truck they have not been trained to operate, that company could be liable for damages in an accident.
Monitoring Loads and Cargo Safety
Sometimes, the accident is not the driver’s fault. If the trailer is overloaded or unbalanced, a truck can become more difficult to control, increasing the risk of accidents. It’s up to the trucking company to enforce weight limits and ensure the cargo is properly secured. Some companies fail to do this or hire outside cargo companies that don’t live up to their obligations.
Compliance with State and Federal Regulations
The Federal Motor Carrier Safety Administration (FMCSA) heavily regulates the trucking industry, outlining hours-of-service restrictions, maintenance schedules, and safety protocols. If trucking companies cut corners to save money or increase efficiency, they could be liable in a trucking accident.
If the company pressures drivers to exceed legal driving hours, for instance or neglects routine maintenance on their vehicles—potentially leading to mechanical failures—a trucking accident attorney can argue that they need to be held accountable.
How Can a Trucking Accident Attorney Help?
The trucking accident attorneys at Shapiro, Washburn, & Sharp will gather evidence—such as black box data, driver logs, and company records—to determine liability. We will look beyond the driver to see if other entities acted negligently, such as the trucking company, cargo loader, or even truck or trucking parts manufacturers.
If you or a loved one was injured in a trucking accident, contact us at Shapiro, Washburn, & Sharp today. We will fight for the compensation you need to rebuild your life, as we did for the family mentioned at the beginning of this article. We not only obtained settlements for the injured mother, father, and girl with the concussion but obtained a $5.5 million settlement for the girl who was left intellectually impaired.
You can contact us at our Virginia Beach, Portsmouth, Hampton, Norfolk, and Chesapeake offices.