Determining Liability in a Truck Accident

When a victim is injured in an accident caused by another’s negligence, it can be the start of a long and exhaustive process to get compensation for the injuries he or she suffered in a Virginia personal injury case. This is especially true in truck accidents since these types of claims tend to be more complex than car accidents. One reason for this due to the fact that there may be more than one party who can be deemed legally liable for a Virginia truck accident victim’s injuries.

Commercial Truck Accidents

The damage in commercial truck accidents is also often more severe than other types of vehicle accidents. The sheer size and weight of a tractor-trailer increase the amount of destruction and damage that happens when they make impact with another vehicle or object. Unfortunately, it is not uncommon for victims of truck accidents to suffer catastrophic injuries and, tragically, many victims die from those injuries.

Causes of Truck Accidents

There is a myriad of reasons why truck accidents occur. Some of the more common reasons our personal injury attorneys see in the truck accident cases our firm handles include:

  • Truck driver fatigue
  • Truck driver distraction
  • Speeding
  • Truck driver operating under the influence of drugs and/or alcohol
  • Inexperienced or untrained truck driver
  • Improperly loaded or overweight truck
  • Mechanical failure in truck

Types of Truck Accidents

Just as there are a number of causes of truck accidents, there are also a number of types of truck accidents. Determining the type of truck accident you were involved in can give insight into the factors that may have caused the accident.

Common types of accidents include:

  • Jackknife – When the rear of the truck comes to the front of the truck. Usually caused by sudden braking.
  • Tire blowouts – These are usually caused by inadequate monitoring of tire pressure
  • Improper turning – This is one of the most prevalent causes of fatal truck accidents.
  • Improper or negligent lane changes – The blind spots on trucks are a problem, however, this is an issue that truck drivers must remain aware of when changing lanes.
  • Rollovers – These are generally caused by improper distribution of weight.

Who Is Liable?

When you have been injured in a Virginia truck accident, there can multiple parties responsible for those injuries. You could bring suit against the individual truck driver if he or she was the one who caused your injuries. You may also bring suit against the trucking company. In Virginia, under the doctrine of respondeat superior, the trucking company is liable for the negligence of its employees.

In personal injury truck accidents involving tractor-trailers, there may be applicable insurance not only on the tractor and its owner but on the trailer owner or on the company which loaded the trailer contents. And in some cases, if a broker contracted and arranged for the transport of the contents of the trailer this party is also a potential additional source of insurance.

Other possible parties that could be liable for a truck accident victim’s damages include the company that is responsible for maintaining the truck, the cargo company that loaded the products the truck was transporting at the time of the crash, or a truck part manufacturer. A Virginia personal attorney can evaluate your case and determine who should be named in any truck accident lawsuit you file.

Contact a Virginia Accident Attorney

If you or a loved one has been injured in a truck accident, contact a Virginia truck accident attorney to discuss what legal recourse you may have against the responsible party or parties. The legal team from Shapiro, Washburn & Sharp has successfully advocated for many truck accident victims and their families, and we understand how complicated these cases can be. Our attorneys are available to meet and discuss the details of your case and how we may be able to help. Call our office today to set up a free and confidential case evaluation.

For more information about truck accidents in Virginia, please download our free guide.

 

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