Fairfax, VA Truck Accident Lawyer

Fairfax, VA Truck Accident Attorney

Commercial trucks are crucial for moving essential goods around the country. Unfortunately, collisions involving these vehicles are some of the most damaging and dangerous accidents on the road. The victims of these accidents deserve compensation for their catastrophic injuries when they were not at fault for the crash. A Fairfax truck accident lawyer can help victims recover this compensation in these complex cases.

Truck collisions are challenging, with many potential at-fault parties and significant levels of damage to property and people. A Fairfax, VA, personal injury lawyer can help you hold the at-fault parties liable for the losses in these accidents, recovering losses like medical bills, lost income, and other damages that victims have suffered.

Whitlock Law, LLC, has provided much-needed support and aid for victims of truck accident claims, with decades of experience in personal injury law. We have primarily handled motor vehicle accident claims, managing a wide range of accidents and injuries. We help injured parties get the compensation they deserve, whether in settlement negotiations or in court.

Who Can Be Held Liable for a Truck Accident in Fairfax?

Many parties are responsible for following maintenance and safety regulations in commercial truck operations. Because of this, there are many more parties who could be liable for negligence, on top of the typical potential at-fault parties in a car accident. It takes an in-depth investigation to determine what party or parties were responsible for the accident. Some common at-fault parties in trucking accidents can include:

• Truck Driver: A truck driver may be liable for some of the same reasons as any driver, including driving distracted, speeding, violating traffic laws, or other negligent actions. Truck drivers must also follow regulations regarding the sleep and other breaks that they take from driving. Failure to follow those regulations can make them liable.
• Truck Driver’s Employer: The employer of a truck driver may be liable for failing to vet or train a driver before putting them on the road. Employers can also be liable for high expectations for delivery, causing drivers to take greater risks, ignore rest regulations, or speed.
• Another Party on the Road: Other drivers can also drive negligently or recklessly and cause an accident.
• Shipping or Loading Company: The shipping or loading company may be a different party from a truck driver’s employer, and they may be liable for accident damages. They may have mishandled or mispackaged freight or improperly loaded or overloaded the trailer. These actions can make an accident happen or cause more serious damages if an accident occurs.
• Governmental Agency: Negligence in road upkeep, including maintaining signs, streetlights, and traffic lights, is often the responsibility of the government. If poor upkeep caused an accident, it may be liable.
• Manufacturer: In cases where a defective car or truck component caused the accident, the manufacturer or distributor of that component could be responsible.
• Maintenance Company: If a maintenance company did not conduct repairs when they were supposed to or performed faulty repairs, they may be liable if the lack of maintenance led to the accident.

What Are the Time Limits on a Truck Accident Claim?

The time limit on a truck accident claim in Virginia is two years from the date of the injury. This is set by the civil statute of limitations. If you are injured in a truck accident and do not file by this time, you will have likely lost your right to compensation. Unless there are unique circumstances, the court will dismiss any claim you make. An exception may apply if you were a minor at the time of the accident.

It’s important to file your claim and talk with an attorney as soon as possible. This limits the chance of the statute of limitations expiring. Insurance claims or claims against the government tend to have shorter timeframes by which you need to file. The earlier you talk with an attorney, the more time they have to gather evidence and create a strong claim. If you think that the statute of limitations has expired, an attorney can review your unique situation to determine if you still have the right to a claim.

What Compensation Is Available in a Truck Accident Claim in Fairfax?

Truck accident claims in Fairfax, VA are like other personal injury claims in that they largely recover both economic and non-economic damages. In rare cases, they may recover punitive damages. If the other party or parties are proven at fault for your injuries and damages, you can recover the cost of any losses. You must be able to prove those losses, such as through showing medical bills, the receipt for property repairs or replacement, and other information.

It’s important to understand the different types of damages in these claims:

Economic Damages

Economic damages include losses with a set financial element. These include some of the following:

• The cost of surgeries, doctor’s visits, hospital transportation, physical therapy, prescription medications and devices, and other medical costs
• Expected medical costs, such as if an injury is serious enough to assume that there will be medical complications in the future
• The costs to replace or fix any property damage, including to your vehicle and other items in the vehicle
• The wages lost from being unable to attend work during recovery
• Lost earning capacity from being unable to return to work full-time or at all due to a significant injury or disability

Calculating these future damages is complicated, especially if you are unfamiliar with the process. An attorney has years of experience determining future costs and complications of serious injuries.

Noneconomic Damages

Noneconomic damages are legally recognized losses that do not have a set financial cost. Compensation can cover losses from an accident that significantly affect a person’s life, including emotional and psychological damages. These include losses like:

• Pain and suffering
• Mental anguish
• Loss of limbs and disability
• Loss of enjoyment of life

These losses can permanently alter a person’s day-to-day routine, affecting basic mobility or a person’s ability to do the things they love. While financial compensation cannot change these losses, it exists to acknowledge the loss. This compensation can also give an injured individual sufficient money to take time to rest, heal, and relax while they readjust to a new way of living.

Determining a fair monetary value for these losses is especially complicated. An attorney has significant experience determining how to maximize these damages while also ensuring that the compensation is fair.

Punitive Damages

Punitive damages are different from the prior types of damages, both of which are compensatory damages. Punitive damages do not compensate for a loss by the injured party. These damages are awarded by a court based on the actions of the at-fault party. If the at-fault party acted with egregious negligence or purposefully caused the harm, then the court may award the injured party punitive damages. The point of these damages is to punish the at-fault party for their actions and try to prevent similar actions in the future.

Truck Accident Lawyer FAQs

Q: How Much Are Most Truck Accident Settlements?

A: How much most truck accident settlements are does not help an individual determine the value of their own claim. Each claim’s value relies entirely on the specific damages sustained in an accident. If you were injured in a truck accident that was not your fault, you could be entitled to any of the following damages:

• Economic damages, including medical costs, lost income, and property damage
• Noneconomic damages, including pain and suffering and loss of quality of life
• Punitive damages, especially when the at-fault party acted egregiously

Q: What Is Virginia Code 46.2-894?

A: Virginia Code 46.2-894 is the law that establishes a driver’s duty to stop after an accident. Any collision that causes injury, death, or property damage fits this law. Drivers must stop within a near distance, where it is safe to do so and exchange contact and insurance information with the other driver or drivers. They must also provide the same information to the police on the scene. A driver should also provide aid to injured parties. Furthermore, they should inform the police as soon as possible if they were also injured.

Q: What Are the Rear-End Collision Laws in Virginia?

A: The rear-end collision laws in Virginia mean that either driver may be at fault if their negligence caused the accident. Statute 46.2-816 lists the responsibility of a driver to not follow another vehicle too closely. This includes taking into account the speed of each vehicle, the status of traffic, and the current weather and road conditions. This may mean that the driver that did the rear-ending is liable due to not stopping or not having sufficient stopping distance, but there may be situations where the rear-ended driver is at fault.

Q: How Does At-Fault Insurance Work in Virginia?

A: The at-fault car insurance laws in Virginia require that when a driver is at fault for a car accident, claims can be filed with their insurance provider by the injured parties. If the at-fault driver does not have car insurance coverage, they may face civil claims. Injured drivers may also file with their own policy. Virginia also operates under contributory negligence laws, meaning that any party that is partially liable for the accident cannot secure compensation from other at-fault parties.

Contact a Skilled Truck Accident Attorney

The financial, physical, and emotional toll of a truck accident can be significant. At Whitlock Law, LLC, we can help you recover from a severe accident and obtain the restitution you deserve. Contact our team today.