The questions on this page were answered by our team of Virginia Beach & Norfolk personal injury attorneys. The questions are categorized by practice area such as car accidents, medical malpractice, wrongful death, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.
- Page 1
What are the most common injuries suffered by truck accident victims?
- Brain damage
- Crushed limbs
- Fractured bones
- Internal bleeding
- Limb amputations
- Permanent physical disability
How does a truck accident attorney build a case to prove that the truck driver was at fault for the crash?
A Virginia truck accident attorney will conduct an extensive investigation to determine fault in the crash. Some of the factors he or she will examine include the following:
- How many hours had the truck driver been on the road leading up to the crash?
- How much training and experience did the truck driver have and was it enough to ensure they knew how to operate the vehicle they were driving safely?
- Does the truck driver have any history of alcohol or drug use?
- What is the truck driver’s driving record like?
- What was the history of vehicle maintenance and repair for the vehicle?
What is the legal definition of a commercial truck in trucking accidents?
According to the federal government, the following vehicles are considered commercial trucks:
- Eighteen wheelers
- Big rigs
- Semi-tractor trailers
- Cement trucks
- Delivery vehicles
- Tanker trucks
Some models of standard pickup trucks are considered commercial trucks. Generally, any large truck which requires a commercial driver’s license (CDL) to operate is legally considered a commercial truck.
Why do most personal injury attorneys work on a contingency basis?
Many people who have suffered serious personal injuries cannot afford an attorney by the hour. Your attorney will determine if there is a strong possibility of success in your claim. If so, he may agree to represent you, in exchange for approximately 1/3 of the case result.
If my spouse has been severely injured in an accident in North Carolina, can I be compensated for loss of consortium?Yes. If your spouse or partner was hurt in an accident by another party, you may be able to be compensated for loss of consortium, which includes loss of emotional support, helping around the home and physical intimacy.
How can I reduce the risk of buying a dangerous used car that could get in an accident?Have your personal mechanic inspect it to ensure the car is in decent condition and has not been wrecked before.
How can my attorney obtain pertinent medical information on truck drivers?Our attorneys will attempt to obtain medical examination information so it can be established that the truck driver was medically qualified to operate the commercial truck. If this cannot be obtained voluntarily through the discovery process, our attorneys will issue subpoenas for information to whichever doctor's office handled the physicals for that driver.
Must truck drivers have a routine medical examination?Yes. Each truck driver must have a routine medical examination, either yearly or biannually to keep their CDL. The CDL is mandatory for a driver to operate in interstate commerce. Our truck accident attorneys will explore the driver's medical examination history of the truck driver through the subpoena process if necessary.
How do the Federal Motor Carrier Safety Act Regulations (FMCSA) affect me if I have been in an accident with a tractor trailer?The FMCSA has a number of federal regulations that require that truck drivers follow many medical and safety mandates. For example, the service hour requirements say that tractor-trailer drivers only may drive a certain number of hours each day and that they have a certain level of rest each day.
What are some of the key evidence an attorney will look for to prove truck driver negligence?Important evidence an experienced attorney will obtain may include police reports, citations against the trucker, results from blood alcohol tests, maintenance records of the vehicle, information from the truck's data recorder, and eyewitness testimony.