By: C. James Williams III, Principal, Burnett & Williams

Being involved in any car accident can be life-changing, but particularly so if it is a truck accident or multi-vehicle crash. To get help, Virginia accident victims should call a Richmond accident attorney who can guide them through the process of pursuing damages.

Truck accidents are considerably more dangerous than standard car crashes. For one, trucks have significantly more mass than a typical passenger vehicle, making them harder to stop and more likely to cause damage. The elevated nature of semi-truck trailers also contributes to specific and dangerous types of accidents, such as jackknife accidents, that can cause serious injuries.

However, the biggest question that arises after a truck accident is who was liable for causing it. Typical car accident cases are often cut-and-dry, with the responding police officer usually able to identify who was at fault after a cursory investigation, but this is rarely the case with truck accidents because of the number of parties involved. The result is a much more complicated personal injury lawsuit than your typical car accident claim.

Determining liability for damages involving truck accidents

The party most commonly held liable in an accident is the truck driver. If a truck driver is driving negligently, such as falling asleep at the wheel, driving while distracted, or speeding, they could be held liable for any accidents resulting from their negligence. Thankfully, truck drivers are typically covered by their carrier’s insurance company, unless they are independent contractors.

Truck accidents aren’t always the responsibility of the trucker, though. There are also some instances in which the injury victim may have some liability. For instance, if another driver runs a red light and is hit by a truck, that other driver is generally liable for the accident. Or if the victim was driving recklessly and violated lane change rules, they could be held liable for a crash resulting from that behavior.

The trucking company that employs the driver could also be held liable for the accident, particularly if unsafe conditions were the cause of the accident. The trucking industry is governed by a series of very strict laws and regulations that dictate everything from load weight to the number of hours a driver can work in a day. If the company is found to be in violation of any of these regulations, it could be held liable for negligently creating dangerous conditions.

In cases where the accident was caused by a vehicle malfunction, liability may fall to the vehicle’s maintenance provider or the manufacturer of the part, but proving liability in such cases requires an extensive investigation process. Experts will have to conduct thorough inspections of vehicles, service reports, and other evidence to determine whose negligence caused the piece to malfunction.

Another complicating factor is when multiple vehicles are involved in an accident, such as pile-ups on the interstate. In these accidents, liability may be split between multiple parties and drivers. For example, if a driver cuts off a semi-truck and the trucker’s poor reaction causes other vehicles to hit them, liability could be split between the first driver and the truck driver. However, this too requires an extensive investigation into police reports, witness statements, and black box data.

How a VA personal injury attorney can help you determine liability for your truck accident case

The complexity of these cases is why it is critical for VA accident victims to hire a skilled and experienced Richmond accident attorney. Accident victims want to look for a personal injury attorney with a track record of success, particularly in truck accident cases, as securing a fair settlement or award in court requires a keen understanding of the specific laws that govern these cases. A personal injury lawyer without experience with truck accident claims may not have the specialized expertise to handle one of these complex cases.

A big part of why trucking accidents make for such complicated personal injury claims is the number of parties involved, each of which may have a different insurance company. For example, if you’re dealing with a maintenance-related issue, you’ll likely have to pursue the insurance company of the maintenance provider as well as the trucking company. When multiple insurance companies become involved, it becomes a complicated dance of determining liability.

It is particularly important to hire an accident lawyer in states like Virginia, which have contributory negligence laws. Contributory negligence means that if the victim is found to be even 1% at fault for an accident, they could be barred from receiving any compensation. For example, if the victim was speeding, even if it was not the primary cause of the accident, they may be barred from recovering damages.

Contact a Richmond truck accident lawyer to handle your truck accident claim today

If you are a Virginia resident who has been involved in a truck accident, contact a Richmond personal injury law firm for a free consultation. They will review your case and determine whether they are right to help you get a fair settlement for the damages you have faced due to someone else’s negligence.

Jim Williams is a summa cum laude graduate of George Mason University School of Law who began his legal career with a prestigious assignment as a law clerk to a US District Court Judge. He practiced at Gentry, Locke, Rakes, and Moore in Roanoke and at Morris & Morris in Richmond before becoming litigation counsel for Progressive Insurance Company. With Progressive, he gained extensive experience as a trial attorney, giving him wide-ranging expertise in the complexities of Virginia insurance law and knowledge of how the defense side approaches litigation. Jim Williams joined Burnett & Williams in 2006 as the lead partner in the Richmond area, with offices in Midlothian and Hopewell, Virginia.

Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.