Despite the high standard to which commercial truck drivers are held, they unfortunately still cause accidents. Weighing tens of thousands of pounds and towering over most vehicles on the road, commercial trucks are imposing and often terrifying to drive around. Because of their size, accidents rarely turn out to be fender-benders – often resulting in serious injury to other drivers. If you’ve been involved in an accident with a commercial truck, you may be entitled to compensation for injuries sustained and for damage to your personal property.
At the Alavi Law Group, PLLC, we have successfully represented drivers who have been injured in commercial truck accidents for more than a decade. With significant experience in and out of the courtroom, we know how to get you the compensation that you deserve. If you or a loved one have been involved in an accident involving a commercial truck, please contact our McLean truck accident attorney today for a free consultation.
What Are Common Causes of Truck Accidents?
Any type of accident may entitle you to compensation for injuries sustained or damage to your property if the truck driver is at fault. Some of the most common types and causes of truck accidents are:
- Jackknife Truck Accidents – When the trailer attached to the truck begins to swing around the truck, a “jackknife” occurs. When the trailer swings around, it can hit personal property, people, cars, and anything else around the truck.
- Rollover Truck Accidents – Due to their height, trucks have a high center of gravity meaning they are more likely to roll over in an accident. Rollovers can be an unfortunate result of the truck and trailers design, but in some instances are a result of the driver’s decisions, such as overloading the truck.
- Overloaded Truck Accidents – Trucks have a maximum weight that is allowed for the combined truck and trailer combination. In some instances, the driver may exceed this maximum amount in an effort to carry more. When this happens, the truck may be unable to stop in time causing it to rear-end another car, or it may lead to other truck wrecks such as a jackknife or rollover.
- Blind Spot Truck Accidents – Trucks have blind spots on the side of the truck opposite where the driver sits. As a result, drivers may cause accidents by changing lanes or turning into a car because they have not properly monitored this blind spot.
- Intoxicated Driver Truck Accidents – Unfortunately, commercial drivers are not impervious to drinking and driving, and thus can cause accidents due to poor decision-making and slow reaction times when intoxicated.
- Weather-related Truck Accidents – Weather can often be a contributing factor to poor decision-making, such as deciding to overload a trailer. Thus, while an accident may seem to simply be a result of the weather, it could actually be the result of a poor decision magnified by the poor weather.
Despite what you may think regarding your actions and who is at fault, truck accidents are rarely clear cut. As noted, there are many factors that can impact the truck’s handling which may be unobservable at the time of the accident. If you or someone you know has been involved in an accident with a commercial truck, please contact our office.
Who May Be Liable for Your Truck Accident Injuries
In Virginia, multiple parties may be held liable for truck accident injuries, depending on the circumstances of the accident. Determining liability often involves examining the roles and responsibilities of those involved in the truck’s operation, maintenance, and ownership. Here are the potential parties who could be held responsible:
1. The Truck Driver
If the truck driver’s negligence caused the accident, they may be held liable. Common forms of driver negligence include:
- Distracted driving (e.g., texting or using a phone).
- Driving under the influence of drugs or alcohol.
- Fatigue from violating federal hours-of-service regulations.
- Speeding or reckless driving.
2. The Trucking Company
Trucking companies may be held liable if they:
- Negligently hired unqualified or unsafe drivers.
- Failed to enforce safety policies or properly train drivers.
- Pressured drivers to violate hours-of-service rules or take other risks to meet delivery deadlines.
- Neglected regular vehicle maintenance or inspections.
3. The Vehicle or Parts Manufacturer
If a defective truck part, such as faulty brakes or tires, caused the accident, the manufacturer may be liable. Proving product liability requires showing that the defect directly contributed to the crash.
4. Cargo Loaders or Shippers
Improperly loaded or secured cargo can cause a truck to become unbalanced or lead to cargo spills, contributing to accidents. If loading errors caused the crash, the cargo loaders or shippers may be held accountable.
5. Maintenance or Repair Providers
If the truck’s maintenance or repairs were done improperly, leading to mechanical failure, the company or individual responsible for servicing the truck could be liable.
6. Government Entities
In some cases, poorly maintained roads, lack of proper signage, or unsafe road conditions caused by a government entity’s negligence may contribute to a truck accident. Filing a claim against a government entity involves strict notice requirements and deadlines.
How to Determine Liability
Investigating a truck accident often requires gathering evidence such as:
- Police and accident reports.
- Truck driver logs and black box data.
- Maintenance and inspection records.
- Witness statements and expert testimony.
An experienced truck accident attorney in Virginia can help identify the liable parties, build a strong case, and pursue maximum compensation for your injuries, including medical expenses, lost wages, and pain and suffering.
Compensation We Can Help You Recover
Following a truck accident that injured you or someone you love, you may receive compensation for:
- Medical expenses, including hospitalization, surgery, rehabilitation, and ongoing care
- Lost income and benefits if you are unable to work due to your injuries
- Pain and suffering, including physical pain, emotional distress, and mental anguish
- Loss of enjoyment of life, if your injuries prevent you from participating in activities you once enjoyed
- Property damage to your vehicle and other personal property
- Wrongful death damages if the truck accident killed a close family member
Contact Our McLean Truck Accident Lawyer
At Alavi Law, PLLC, our McLean truck accident lawyers have the skills and resources necessary to thoroughly investigate your truck accident, gather evidence to support your claim, and negotiate with insurance companies on your behalf. We will work diligently to help you receive the full and fair compensation you deserve for your injuries and losses.
