Compensation if You're Partially at Fault in a Semi Truck Accident

Getting Compensation if You’re Partially at Fault for a Semi-Truck Accident in Virginia

Truck accidents can be devastating events with severe injuries and financial consequences. When a passenger vehicle collides with a massive semi-truck weighing up to 80,000 pounds, the injuries are often catastrophic. 

If you or a loved one suffered injuries in a Virginia truck accident, you may be wondering if compensation is still possible if you shared some fault. Personal injury law recognizes that more than one party can contribute to an accident. Understanding negligence and liability is critical when seeking maximum compensation after a truck crash.

Our team of personal injury attorneys are resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000. 

What Makes Truck Accidents So Dangerous?

Unlike passenger vehicles, commercial trucks have extensive blind spots, take much longer to brake, and are prone to rollover accidents.. some factors that contribute to truck accident risks include:

• Truck Driver Fatigue - Truckers have limits on driving hours, but violations still occur. Drowsy driving is a leading factor in truck crashes.

• Equipment Failures - Defective brakes, tires, lighting and other components can cause trucks to lose control.

• Loading Issues - Improper weight distribution or failing to secure cargo can alter handling.

• Lack of Experience - Inexperienced or inadequately trained drivers heighten crash risks.

• Speeding and Distraction - Like all motorists, truckers can drive aggressively or get distracted.

When a multi-ton truck collides with a smaller vehicle, the damage and injuries can be catastrophic. The Insurance Institute for Highway Safety reports that 98% of car occupants die when a car strikes the side of a tractor-trailer.

Why Hiring an Experienced Truck Accident Lawyer is Crucial

Crashes involving large trucks often result in severe injuries like:

• Spinal cord damage

• Traumatic brain injuries

• Amputations

• Internal organ damage

• Multiple fractures

The costs of medical treatment and lost income can be financially devastating for victims and families. Powerful insurance carriers representing trucking companies have teams of adjusters and defense lawyers working to limit claim settlements.

An experienced truck accident attorney levels the playing field by thoroughly investigating accidents, preserving evidence, calculating damages, negotiating with insurers and fighting for maximum compensation when necessary. A personal injury attorney also deals with the insurance company so you can focus on recovery.

Virginia Follows Modified Comparative Negligence Rules

When multiple parties contribute to a truck accident in Virginia, a modified comparative negligence system applies. This means you can potentially recover damages even if you were partially at fault, but there are limits.

Under modified comparative negligence:

• If you were 50% or less at fault, you can recover compensation reduced by your percentage of fault.

• If you were 51% or more at fault, you are barred from recovering damages.

For example, if you were 40% liable in an accident and suffered $100,000 in damages, you could potentially recover $60,000 (60% of damages).

Working with an experienced personal injury lawyer is key to presenting evidence demonstrating the other driver's greater share of negligence. An attorney can also argue that trucking companies should share liability through legal doctrines like vicarious liability and negligent hiring.

Thorough accident investigations and crash reconstructions are also essential to prove the at-fault driver's actions directly caused the collision. When big rig crashes produce catastrophic injuries, holding all negligent parties accountable is vital to obtain fair compensation.

Why Truck Drivers Often Bear the Greatest Liability

Although each case depends on specific circumstances, the commercial driver often shoulders the largest share of liability after a truck crash. Some reasons for this include:

• Truck drivers are subject to extensive regulations and higher standards under Federal Motor Carrier Safety Administration (FMCSA) rules. Violating these regulations is negligence per se.

• The size and weight of trucks means drivers must operate them safely. Failing to do so is inherently negligent.

• Trucking companies must ensure drivers are qualified, trained, licensed and operate rigs safely. Negligent hiring and retention can establish shared liability.

• Truck drivers owe a heightened duty of care to others on the road because of their vehicles' potential to inflict severe harm.

Experienced truck accident lawyers use liability laws, regulations and legal doctrines to hold all responsible parties fully accountable. This benefits victims and families in obtaining maximum compensation after a devastating crash.

Key Steps After a Virginia Truck Accident

If you were injured in a Virginia truck crash, key steps include:

1. Seek Medical Attention - This is crucial even if you don't feel obvious injuries due to effects of shock and adrenaline after an accident. Thoroughly document all diagnoses.

2. Report the Crash - Alert local law enforcement so they can investigate the scene, cite violations and preserve evidence. If it occurred on private property, still call the police.

3. Document the Scene - Take photos of vehicle damage, skid marks, debris, road conditions and any hazards that contributed. Also photograph any injuries you sustained.

4. Exchange Information - Get names and insurance details for all involved drivers. Obtain witness names and contact information as well.

5. Contact an Experienced Truck Accident Attorney - They can conduct a thorough independent investigation, assess liability, negotiate your claim and represent your interests every step of the way.

How a Truck Accident Lawyer Maximizes Your Compensation

Retaining legal counsel immediately after a truck crash is vital because evidence can disappear. Investigations help establish liability and the true value of your damages. An attorney can assist by:

• Obtaining and preserving accident reports, commercial driver logs, company records, police investigations and other evidence

• Thoroughly documenting the scene through photography, video, measurements and more

• Interviewing eye witnesses while memories are fresh

• Consulting trucking safety and accident reconstruction experts

• Collecting medical reports, bills, imaging studies and other record

• Calculating current and future accident-related expenses

• Determining lost income, lost earning capacity and other financial impacts

• Negotiating persistently with insurance carriers

• Taking legal action if needed to recover full and fair compensation

Having an aggressive lawyer fighting for your interests levels the playing field against trucking companies and insurance carriers seeking to minimize their payouts.

Frequently Asked Questions 

1. What are the leading causes of truck crashes?

Driver fatigue, speeding, distraction, equipment failures and cargo issues rank among the top causes along with lack of experience and training among some truckers.

2. Should I accept an initial settlement offer from the trucking company?

No. Early offers typically undervalue accident claims. Speak with a lawyer first to understand the true potential value of your case.

3. Can I recover damages if I was partially at fault?

Yes, if you were 50% or less negligent, you can still seek compensation in Virginia, although it will be reduced by your percentage of fault.

4. What types of damages might be available?

You can potentially recover compensation for medical expenses, lost income, pain and suffering, reduced future earnings, and other accident-related losses and needs.

5. How much time do I have to take legal action after a truck accident?

Generally you have two years under Virginia's statute of limitations, although there may be exceptions depending on your case's details.

Choosing a Personal Injury Attorney in Virginia 

If you or someone you love suffered catastrophic injuries in a Virginia truck crash, never assume full compensation is out of reach - even if you shared some fault. An experienced personal injury lawyer can carefully assess liability and build a strong claim to recover maximum damages. Do not leave your family's future in the hands of aggressive insurance companies. Protect your rights by scheduling a free consultation with a truck accident attorney today.

Altizer Law has guided clients through their personal injury cases with a personalized touch. We are here to help you and treat every client with the utmost care and empathy. Call our team of experienced attorneys today at 540.345.2000.