Truck Accident Lawyers Alexandria, VA
Truck accidents can have catastrophic consequences, causing life-changing injuries that demand extensive and expensive medical care for victims. The financial strain from such treatments often weighs heavily on the victims and their families.
When these accidents occur due to negligence by commercial truck drivers, trucking companies, or other industry entities, the victims may have a right to seek compensation or punitive damages for the losses caused by their injuries.
However, obtaining rightful compensation can be challenging as the trucking industry and insurers frequently contest legitimate claims and use various tactics to pressure victims into accepting inadequate settlements that fail to either recover compensation or cover the full extent of their damages.
If you or a loved one has suffered injuries in a commercial or semi-truck accident, contact an Alexandria truck accident lawyer today from Chaikin, Sherman, Cammarata & Siegel PC.
How Do Commercial Truck Accidents Differ from Regular Auto Accidents?
Commercial vehicles are subject to distinct rules and regulations despite sharing the same roads as regular motorists. Federal and state laws impose higher standards on commercial drivers than ordinary drivers. These vehicles, such as semi trucks, work trucks/vans, and buses, are generally larger and heavier than regular cars, trucks, or SUVs, resulting in more severe accidents when collisions occur.
Even at low speeds, Truck accidents involving commercial vehicles can cause extensive damage to smaller vehicles and lead to severe injuries. Examples of commercial motor vehicles involved include semi-trucks, big rigs, tractor-trailer trucks, and 18-wheelers.
The liability issue becomes more intricate for commercial drivers, who are typically employees. In an accident, the employer, employee, maintenance company, or both may be held accountable for the damages caused. The owner of the cargo being transported may also bear some liability in certain situations.
Types of Truck Accidents
Truck accidents are generally more severe than car accidents due to the substantial weight difference between large trucks and average passenger cars. A typical large truck can weigh up to 20 times more than a car, resulting in collisions involving thousands of pounds of metal. Moreover, truck accidents tend to happen more frequently because of their high speeds and visibility challenges.
The consequences of trucking accidents can be even more tragic when combined with dangerous materials that some large trucks may carry, such as flammable substances or toxic chemicals.
There are various types of truck crashes, each revealing different factors contributing to the accident claim and who may be at fault.
Rollover accidents are particularly severe, with one or both vehicles turning on their side. These accidents are more familiar with top-heavy vehicles like semi-trucks, emphasizing the need for caution and reduced speed on tight turns.
Head-on accidents, often caused by distracted or drunk driving, can result in devastating outcomes for those involved.
Jack-knife accidents are prevalent in trucking and occur when a semi-truck trailer loses traction and slides toward the tractor, forming a shape resembling a folded pocket knife. This type of accident can lead to severe injuries for any vehicles caught in the truck’s path due to the impact from both sides of the trailer and the car.
Underride accidents happen when a smaller car becomes trapped underneath a semi-trailer truck, offering little protection to occupants and leading to extreme injuries, including brain injuries.
Blindspot trucking accidents, or “no-zone” accidents, occur when truck drivers change lanes without noticing a car in their blind spot. Larger vehicles have more significant blind spots, prompting the placement of warning signs on the rear end of trailers to keep other drivers out of these blind spots.
Given the substantial weight and size disparity, any truck crash involving a passenger vehicle and a heavy truck will significantly impact the passenger vehicle, resulting in potentially catastrophic consequences for its occupants.
Common Truck Accident Injuries in Alexandria
- Broken bones
- Burns
- Crushing injuries
- Spinal and back injuries
- Neck and shoulder pain
- Internal injuries
- Whiplash
- Headaches
- Traumatic Brain Injuries (TBI)
- Concussions
Who Is Liable In An Accident Involving A Commercial Truck?
Driving tractor-trailers or large commercial trucks is a vastly different experience compared to operating a family SUV. These semi-truck vehicles can weigh 20 to 30 times more than standard passenger vehicles and occupy significantly more space on the road. Consequently, they handle it in a manner that most of us are not accustomed to.
Due to their considerable size and weight, commercial trucks have slower acceleration, require more space to make turns, and severely limit visibility for the driver. Moreover, they have specialized features not commonly found in passenger vehicles, such as air brakes and coupling devices.
Given the stark contrast between driving commercial trucks and regular cars, those who wish to drive commercial vehicles must undergo specialized training and obtain commercial driver’s licenses to ensure legal operation.
Despite these measures, there are still instances where commercial truck drivers make mistakes and drive carelessly, leading to severe accidents. These accidents are often a result of driver negligence, which may include reckless driving, driver fatigue, impaired driving, failure to yield, tailgating, improper turns, failure to signal lane changes, and even driving on the wrong side of the road. Such negligence can have severe consequences and pose a significant road safety risk.
Proving Fault
Once the potential party responsible for the truck accident claim has been identified, our next step is establishing causation. For truck accident cases, truck drivers must adhere to standard traffic laws and the Federal Motor Carrier Safety Regulations (FMCSR). Familiarity with these laws and regulations is crucial in determining liability. Some common violations that could render a truck driver or the trucking company liable for an accident include:
Hours of Service Violations: Truck drivers must comply with regulations regarding the maximum number of hours they can drive before taking a break. If drivers breached these regulations and caused the accident, they may be held accountable for any resulting losses.
Cell Phone Use: Truck drivers are prohibited from texting while driving or engaging in any cell phone use that requires holding the phone or using more than one button. If the driver was found to be texting or using a cell phone illegally during the accident, it could be evidence of negligence.
Alcohol Use: Truck drivers are prohibited from operating a commercial vehicle with a blood alcohol concentration (BAC) of 0.04 or higher. If an accident occurred due to the driver’s intoxication, the driver and the trucking company may be liable.
To demonstrate the trucking company’s liability for the accident, we will gather various forms of evidence, such as:
Hours of Service Logs: These logs provide information about the driver’s driving hours and rest breaks, helping to establish compliance or violations.
Data from the Truck’s Electronic Control Module (ECM) or Event Data Recorder (EDR): This data can offer insights into the truck’s speed, braking patterns, and other critical information during the accident.
Camera Footage: If the truck was equipped with a camera, any recorded footage could be used to understand the events leading up to the accident.
Red Light or Surveillance Camera Footage: External camera footage from traffic lights or nearby surveillance cameras might provide additional perspectives on the accident.
Eyewitness Testimony: Statements from witnesses who saw the accident can help reconstruct the events and determine liability.
Photos: Visual evidence of the accident scene, vehicle damage, and road conditions can be valuable in establishing liability.
Drug and Alcohol Test Results: Results of drug and alcohol tests conducted on the driver after the accident can be vital in determining whether intoxication played a role in the collision.
The Accident Report: The official accident report filed by law enforcement will contain crucial details and insights into the incident.
By meticulously gathering and presenting this evidence, we aim to build a solid case to hold the responsible party accountable for the damages and losses resulting from the truck accident.
What Kind of Damages Can Be Recovered in a Truck Accident Case?
Our trucking accident lawyers will hold the responsible party liable for any resulting injuries after the accident and the amount in damages, including:
- Loss of income if you were unable to work while recovering.
- Emergency care, including the cost of ambulance transportation.
- All reasonable medical expenses.
- Property damage.
- Pain and suffering.
- Mental anguish.
- Loss of enjoyment of life.
Learn how Chaikin, Sherman, Cammarata & Siegel, P.C. can help you when you schedule a free consultation. Call us for a no-obligation opportunity to get answers to your legal questions, including what you can expect from a truck accident case.
Statute of Limitations for Truck Accidents in Alexandria
Virginia’s statute of limitations for personal injury claims, including truck accidents, is typically two years from the accident date. Suppose you’ve been injured in a truck accident in Alexandria. In that case, you have two years from the accident date to file a lawsuit against the responsible parties. If you do not file within that time frame,you risk losing your right to pursue compensation for your injuries and other losses. This rule has certain exceptions and nuances but is rare and precise. Because of this, it’s crucial to consult with experienced Alexandria Truck Accident Attorneys as soon as possible after your accident to ensure your rights are fully protected. Chaikin, Sherman, Cammarata & Siegel, P.C. is well-versed in these deadlines and can guide you through the legal process.
Our Dedicated Alexandria Truck Accident Lawyers Are Here For You
During this challenging time, your primary focus should be on your recovery, not worrying about extra financial burdens. Let our team of experienced attorneys take care of your personal injury claim, allowing you to concentrate on healing. Contact the law firm of Chaikin, Sherman, Cammarata & Siegel P.C. Our services extend beyond Alexandria, covering personal injury cases all across Virginia.
