How Is Fault for a Truck Accident Determined?

Were you injured in a collision involving an 18-wheeler in Virginia? Are you concerned about your health and financial well-being after a truck crash that was not your fault? Know that you’re not alone. The truck accident lawyers at the Lichtenstein Law Group PLC have helped injured people like you seek justice and fair compensation. We’re ready to stand up and fight for you.

The Virginia Department of Transportation reports that about 4 percent of all crashes statewide involve trucks, but they account for a disproportionate share of deaths and severe injuries. In just one recent year, there were 93 truck accidents where at least one person died and more than 1,600 crashes with at least one injury. Many of these crashes result from negligence on the part of the truck driver, their employer, or another party, but proving fault for a truck accident can be a challenge.

At the Lichtenstein Law Group PLC, our Virginia trial attorneys have more than 100 years of experience handling personal injury cases like yours. We approach every case as if it will go to trial, which means we’ll be ready to take your case as far as it needs to go to recover fair compensation for you.

To learn more, contact our office for a free initial consultation.

Factors in Determining Fault for a Truck Crash in Virginia

It would be convenient if negligent truck drivers or trucking companies would immediately accept responsibility for accidents they cause, but unfortunately, that’s not usually the situation. In many instances, it will be necessary to determine what caused the crash, which party or parties are at fault, and what compensation you could be owed.

Some of the factors that could determine fault in a truck accident include:

• Evidence from the crash scene — In many cases, evidence from the crash scene is what makes or breaks a truck accident claim. Even if the truck driver, the trucking company, or another party was negligent, you need proof of their negligence to recover compensation for your injuries. An experienced truck accident lawyer can help you find the evidence you’ll need to support your claim.
• Regulations for truck drivers and trucking companies — Truck drivers and trucking companies are subject to more regulations than regular passenger vehicle drivers. For example, truck drivers must comply with federal Hours of Service guidelines to minimize the chance of trucking accidents caused by driver fatigue. Trucking companies are also supposed to hire experienced, qualified drivers and monitor their employees for dangerous driving behaviors. If a commercial vehicle driver or trucking company is found to have broken regulations, that could help establish that they were at fault for a crash.
• State negligence laws —States have different rules regarding who can be held liable in personal injury cases, including truck accidents. In Virginia, in cases where more than one party is found to be at fault for a crash, anyone who contributed to the accident could be barred from recovering compensation for their injuries. That means it’s imperative to demonstrate that you played no role in causing a truck accident.

Types of Evidence in Truck Accident Cases in Virginia

Many different types of evidence can be used in support of a truck accident claim, such as:

• Police accident reports — Accident reports will outline the police officer’s understanding of the basic facts of the case. In some cases, the police report might contain information indicating a truck driver was negligent, such as the presence of any alcohol or drugs in the driver’s body at the time of the crash.
• Photos from the crash scene — Photos and videos from the scene of a truck accident could help paint a picture of what happened in the moments leading up to the crash. That may indicate if the truck driver or another party was negligent.
• The truck’s electronic data recorder — Most commercial trucks must have a “black box” that records the truck’s speed, braking, steering inputs, and other information as the truck moves. This data can help indicate if the driver was negligent, such as showing the truck’s speed at the moment of impact.
• Eyewitness accounts — If anyone witnessed the accident, they might have seen the truck driver behaving negligently. For example, the driver may have been texting while driving, or they may have run a red light. Witness statements would help corroborate this.
• The truck driver’s logs — Truck drivers usually keep handwritten records of their destination, stops, and so on. These logs might indicate if the truck driver got enough rest in the hours leading up to the crash.
• Maintenance records — In some cases, trucking accidents result from a mechanical defect or inadequate maintenance. If this is the case, the truck’s maintenance records may indicate if the vehicle’s manufacturer, maintenance workers, or another party might be liable for an accident.

Does the Insurance Company Have a Final Say on Fault?

Most truck accident cases are resolved in a settlement with the liable party’s insurance company. In order to get an insurance company to pay out, an injured victim must be able to persuade the insurer that their insured was at fault for the crash. If the insurer refuses to accept responsibility for the claim, that does not mean the case is over.

When the parties cannot settle, it will be up to a judge or jury how is fault determined in a truck crash. Ultimately, the courts have the final say on fault for a truck crash.

Do I Bring a Suit Against the Driver or the Trucking Company?

Multiple parties could be held liable for a truck accident. That includes the truck driver and the trucking company, but other parties could also be responsible. The truck’s manufacturer could be held liable if a mechanical defect contributed to the crash. Maintenance workers or cargo loaders could also be held accountable if they were negligent, such as being sloppy with maintenance checks or failing to properly secure the truck’s cargo.

If a  truck accident claim includes multiple liable parties, you might need to file a claim against all of them to recover fair compensation. A truck accident attorney can help you identify all the potentially liable parties in a crash and handle the necessary claims.

What is the Statute of Limitations for Truck Accident Claims in Virginia?

The statute of limitations for most truck accident claims is two years from the date of the crash. Waiting any longer to file a lawsuit would likely cost you your ability to recover compensation for your injuries.

Get Legal Help Proving Fault for a Virginia Truck Crash

Proving fault is one of the most critical parts of any truck accident liability claim, so it’s in your best interest to hire a lawyer with the right experience and resources to represent you.

Contact the Lichtenstein Law Group PLC today for a free initial consultation to discuss your truck accident case, your injuries, and how we can help prove another party was at fault for the harm you’ve suffered.