Our firm has written extensively about the tragic results of truck accidents. Some of the most recently available data from the Federal Motor Carrier Safety Administration (FMCSA) estimates that approximately 450,000 crashes involving large trucks are reported each year, with untold numbers more happening without law enforcement involvement.
Every year, approximately 5,000 truck accident victims die from the injuries they sustain. The number of fatalities in truck crashes has lessened over time, but this is not because truck accidents are not serious; rather, it is primarily because smaller cars are more able to avoid collisions, and also because safety equipment and construction of passenger cars have become much more able to truly help riders avoid injuries. Victims that do survive often suffer catastrophic injuries that leave them with long-lasting or permanent disabilities, simply because of the weight and speeds involved when the two vehicles meet.
If You Are Injured
If you have been injured after a truck crash, whether as a pedestrian or a passenger, it can be difficult to determine how to proceed even if you are certain of who you want to try and hold liable. The driver is the most likely person in terms of the person whose negligence was the most visible, but Virginia honors a doctrine called vicarious liability, which means that in some situations, an employer can be held liable for the torts (essentially the civil version of crimes) of their employees. As long as the employee was acting “within the scope of their employment,” the employer may be held liable for any injuries their employee’s tortious conduct might inflict.
Regardless of the number of defendants, you must be able to establish certain things before you have a chance at proving your case. You, as the plaintiff, must establish that (1) the defendant(s) owed a duty to exercise reasonable care toward you, the plaintiff; (2) that duty was breached (3) by the defendant’s actions, with no other intervening cause; and (4) that the breach of duty caused your injuries. It may sound complex, but if the evidence is there, you and your attorney should be able to make it stick.
Call a Virginia Truck Accident Attorney
If you have been injured in a truck accident, you are likely facing major medical expenses and a long recovery. This can also mean loss of income and benefits because you are unable to work. When the accident was caused by another party’s negligent or reckless behavior, Virginia allows victims to take legal action in order to be financially compensated for all of these losses. Victims can also pursue damages for losses that are not economic, such as pain and suffering, scarring emotional anguish, and more.
Truck accident injury cases are often complex than other types of crashes because there is usually more than one at-fault party who is responsible for damages that the victim may be entitled to. Having a seasoned Virginia truck accident attorney advocating for you can make all the difference in how successful you will be in collecting the financial compensation you deserve.
A Virginia truck accident attorney from Shapiro, Appleton & Washburn brings experience to your case. Our skilled attorneys have extensive experience with calculating and determining what the present and future losses the victim has because of their injuries.
Having an experienced truck accident attorney from our firm representing you also allows you the time to focus on your recovery, rehabilitation, and rest and not having to deal with the insurance company and other legal issues associated with your case.
Our attorneys also provide extensive experience and skill in negotiations with truck insurance companies and their attorneys, obtaining higher settlement amounts than a victim would if they try to negotiate themselves.
The truck accident attorneys from our firm know how to build a case and prove the liability of the truck driver, trucking company, and/or any other at-fault parties. Some of the evidence that an attorney can use include:
- Truck driver driving logs
- Truck driver driving record
- Truck driver drug testing history
- Truck driver employment records
- Truck driver training certificates and licenses
- Information regarding any cargo the truck driver was transporting
- Maintenance records of the truck involved in the crash
- Black box located in the truck involved in the crash
If you would like to discuss your situation, contact our office to speak with a seasoned Virginia Beach truck accident attorney. Shapiro, Appleton & Washburn has been advocating for accident victims for more than three decades and will work diligently to get you the compensation you deserve.