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Help for Truck Accident Victims
There are over 56,000 miles of highways weaving across Virginia. At any given time, hundreds, if not thousands, of trucks on those highways are on their way to pick up or drop off cargo. Without the trucking industry, store shelves would quickly empty out, and anything we ordered online would never be delivered. We owe a lot of gratitude to truckers who keep the country’s supply chain flowing. However, all that hard work doesn’t absolve truck drivers of negligence that causes accidents.
According to the Virginia Department of Motor Vehicles, 5,785 crashes that occurred in 2023 involved some type of commercial vehicle. Those accidents resulted in 107 fatalities and 2,243 serious accidents. A collision with a semi-truck can be physically and emotionally devasting and can result in months of recovery time and lost car use.
You are entitled to be compensated for those losses, but unlike a wreck with another car, an accident with a truck can quickly become complicated, given all the potential parties involved. That is why you want to seek out the support of Curcio Law to help you find a remedy. Each experienced Alexandria truck accident lawyer on our team has a track record of success handling these types of accidents. We will always strive to make every client a priority and will stay with them until there is a complete resolution to their claim. Schedule a consultation with us today.
Types of Trucking Collisions in Northern Virginia
The type of truck accident you might have experienced helps determine the fault of the accident. For instance, a truck accident that involves a mechanical failure could mean third-party vendors could be held responsible for the accident. Your Alexandria truck accident attorney will need to specify which of the following accidents you were involved in to help establish the at-fault parties. Common types of truck crash cases we handle include:
Jackknife Accidents
A jackknife truck accident happens when the rig pulling the trailer goes in the opposite direction of that trailer. Sometimes, this can mean the trailer “sweeps” across several lanes of traffic, causing wrecks with several cars. This could be an incident where the driver was inexperienced and perhaps not qualified to drive that particular type of semi-truck. That could shift some of the blame for the accident onto the truck company that hired the driver in the first place.
Overloaded Truck Collisions
If you drop a water bottle on the floor of your car, it will likely roll around and maybe end up under a seat. That is a good example of how an overloaded truck can get into an accident. The Federal Motor Carrier Safety Administration has a particular set of regulations that pertain to cargo securement. Failure to follow those rules can result in an accident on the road and citations and fines for the truck driver.
This scenario also means that another third party could be responsible for the accident. Most truck drivers do not pack and secure their cargo. That task is left to an independent contractor or warehouse operations personnel. If those crews failed to secure the cargo, they could be named in the lawsuit.
Rollovers
A rollover truck accident can occur when the truck is overweight and the driver makes a sharp turn. The truck driver should be aware of the weight of their cargo and how that can contribute to losing control of the rig.
Blind Spot Accidents
Every vehicle has a blind spot. That is the zone on either side of the car where the driver might not be able to see an approaching car in the side or rear-view mirrors. In a truck, the blind spots are more significant because the drivers rarely have access to a rear-view mirror. Driving responsibly by using signals and not making abrupt changes can prevent these types of truck accidents.
This might be another issue of a driver’s inexperience. It could also be proven that the driver has a pattern of reckless driving that the trucking company who hired the driver should have been aware of.
Bad Weather Truck Wrecks
When bad weather contributes to an accident, the truck driver could still be held liable. That is because they have a duty of care not to drive in hazardous conditions. In fact, the Surface Transportation Assistance Act stipulates that a driver can’t be disciplined by their employer if they opt to wait out a storm. If the driver uses that excuse of being fired, they would be in error, and the responsibility of the accident could fall on them regardless of how much the weather contributed to the collision.
Truck Driver Intoxication Accidents
Virginia considers a driver to have a blood alcohol content (BAC) of 0.08% to be legally intoxicated. That can lead to automatic arrest and suspension of a license. For a truck driver with a commercial driver’s license (CDL), that BAC threshold drops to 0.04% per the Virginia Department of Motor Vehicles (DMV). A truck driver who is cited for a DUI in the aftermath of an accident would most likely be considered 100% liable for the accident. That works for your claim, but there still might be a challenge to collect compensation if there is a stipulation in the truck driver’s insurance that doesn’t allow for a payout in a DUI.
Speeding Crashes
DMV data outlines how, in 2023, there were 25,274 speed-related crashes in Virginia. As with every other motorist on the road, a truck driver needs to follow the speed limit. A collision with a speeding truck can be especially dangerous. On designated highways, the commercial speed limit is 65 miles per hour. However, the speed limit is 55 miles per hour for most Virginia interstate highways with four or more lanes.
Additionally, a truck driver cannot exceed 35 miles per hour on highways designated as rural rustic roads or 25 miles per hour in school, business, or residential zones. If it is determined that the truck driver involved in your accident was speeding, that can be another significant factor that can help create a faster resolution for your claim.
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Injured in a commercial motor vehicle wreck? The experienced legal team at Curcio Law is prepared to guide you through the legal process. Learn more about recovering compensation for your losses during a no-cost, no-obligation case evaluation.
Damages You Can Seek if a Tractor-Trailer Crash Injured You
If your Alexandria truck accident lawyer can prove the truck driver is liable, you are entitled to be compensated for your losses. Those cover a wide range of economic and noneconomic damages. Here is what you and your attorney can seek:
Medical Expenses
There is no limit to the amount of medical expenses you can recoup, provided those expenses directly result from the accident. Those expenses include payments for your first emergency room visit, following exams with your general practitioner, and any surgery costs that might be recommended. This category will also cover your hospital stay, prescription medications, and medical supplies. Additionally, you can also be compensated for any initial and ongoing physical therapy.
Wages
If your accident keeps you out of work, you should be able to recover your lost salary for the duration of your recovery time. In some cases, your injuries might prevent you from returning to your job. If this means taking a job at a lower wage or not being able to work at all, you could be compensated for future earnings.
Property Damage
If your car is totaled in the wreck, you should be able to recover replacement costs based on the car’s value at the time of the accident. Your property damages can also include anything lost in an accident, such as a cell phone, laptop, etc.
Pain and Suffering
This category of damages is considered noneconomic and would apply to the level of pain associated with your accident. Because there is no bill associated with the type of damage, attorneys will often use the multiplier method. Your level of pain and suffering as it impacted your daily life will be assigned a number between one and five. That number will be multiplied by your total economic damages.
Also included in this number would be if the accident caused permanent disability or disfigurement and loss of enjoyment. In other words, what are your injuries keeping you from doing what you did before the accident?
Punitive Damages
Punitive damages are the last type of damages you and your truck accident lawyer can ask for. These damages are often awarded by a jury in a civil trial. Those are damages that are designed to punish the at-fault party for an exceptionally negligent act such as driving intoxicated. In Virginia, there is a $350,000 cap on punitive damages recovered as part of a civil suit, per Virginia law § 8.01-38.1.
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The Kind of Help Can You Get From an Alexandria Truck Accident Lawyer
On the surface, a truck accident can seem cut and dry. Perhaps the truck swerved into another lane without checking their blind spot and triggered a sideswipe, or maybe they stopped short, causing a rear-end collision. These accidents can also include any type of commercial vehicle, including the following:
- 18-wheeler
- Flatbed
- Tow truck
- Bus
- Delivery truck
- Tanker truck
- Refrigerator truck
Whatever the scenario, there will be a lot of evidence for your Alexandria truck accident lawyer to unpack and comprehend. Here are some of the ways your attorney from Curcio Law can help:
Commission Investigators
We have access to a team of accident reconstruction experts who will analyze the evidence of the collision and the statements of anyone involved to reconstruct what occurred. That demonstration can be used to support your claim with the insurance company and with a jury if you take the matter to a civil complaint. There should be no doubt as to how the accident went down.
Gather All Relevant Documentation
We will be able to gather all the relevant information about the accident. That includes many items you might not be aware of as part of the investigation. This is what we’ll collect:
- Witness statements
- Police reports
- Truck maintenance records
- Traffic surveillance or dash camera footage
- Truck driver’s service logs, employment records, and driving citations
- Medical expense receipts
- Post-accident expenses i.e., physical therapy
It is also essential to match up the driver’s actions with the various Virginia state regulations that cover truckers.
Negotiate With an Insurance Company
Insurance companies are in business to make money, and they can only do that if they keep payouts to a minimum.
With truck accidents, insurance companies who represent the driver or the trucking company will try to shift the blame away from their policyholders. When we take on a case, we will conduct aggressive negotiations with the insurance carriers on behalf of our clients. Those negotiations will be ongoing through the initial claim phase and through a potential lawsuit. We understand how these companies work and know when they can and should pay more of a fair amount.
When To Hire Curcio Law After a Collision With a Big Rig in VA
It might only take several hours to clear the wreckage from a truck accident, but it could take weeks, months, and maybe years to recover from the injuries caused by that accident. As you focus on your recovery, you need to think about your financial future. How fast are your medical bills piling up? How much will your insurance cover versus how much will you be out of pocket for? How have your injuries impacted your salary?
These are the issues that you should discuss with Curcio Law. Our team of accident lawyers has decades of combined experience handling these types of claims. We also have experience with advocating in front of a jury for our client’s benefits.
If we decide to take on your case, we will bring our experience and skills to the case with the goal of finding a positive outcome. Our work can begin with the initial contact with a designated insurance company and end with a civil lawsuit. We will help identify all the potential at-fault parties. Throughout the entire process, your Alexandria truck accident lawyer will keep you informed and available to answer any questions.
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