Tips for Choosing the Right Virginia Truck Accident Attorney

When pursuing a personal injury claim, the truck accident lawyer you choose to fight for your rights can make all the difference. The truck accident attorney should have experience in these claims, knowledge of state and federal trucking regulations, experience with bringing claims against multiple liable parties, and a solid understanding of how to win truck accident cases.

Truck accident claims can be more complex than motor vehicle accidents and other personal injury cases. Recovering compensation you deserve without a skilled truck accident attorney leading the way could be challenging. Here, we provide some tips for choosing the right truck accident attorney.

What Should You Look for When You Hire a Lawyer for Your Truck Accident Claim?

Your attorney can be your greatest asset when seeking justice for your injuries after a truck crash, as long as you choose one with the right qualifications and experience. Here are key factors to consider when making your decision:

• Background in trucking accident cases – Not all personal injury attorneys have deep experience with truck accident cases. You need a lawyer familiar with the complicated liability issues and unique evidence these cases involve. Choose an attorney with a background in this area.
• Knowledge of federal and Virginia trucking regulations – Trucking companies and drivers must follow state and federal regulations that govern the trucking industry. These safety standards are designed to protect the public. These rules govern hiring practices, driver hours, vehicle maintenance, and cargo loads. Violations can serve as evidence of negligence in truck accident claims. Identifying and proving those violations requires help from a knowledgeable, experienced attorney.
• Experience in gathering evidence – All successful personal injury lawsuits depend on a foundation of substantial evidence. Truck accidents involve several unique kinds of evidence, including:
• Black box data
• Electronic logging device data
• Truck maintenance and inspection reports
• Cargo details
• Driver records
• GPS and telematics data
• Truck dashcam footage.

Truck drivers and trucking companies possess most of this evidence. It can easily be lost or destroyed before you can obtain it without a skilled lawyer acting swiftly to preserve it.

• Resources to determine fault and damages – Proving fault in truck accident cases may involve consultation with experts. You need a Virginia truck accident lawyer with the resources to obtain testimony from investigators, medical professionals, accident reconstruction experts, and financial experts who can establish liability and quantify your damages.
• Skill at negotiations and trials – Even the strongest case can require skillful negotiation to reach a favorable resolution. You need an attorney with a strong reputation for aggressive advocacy and a record of significant truck accident settlements and verdicts. You also want an attorney fully prepared to take your claim to trial if the parties cannot reach a fair settlement.

Will Your Attorney Be Available to Talk About Your Case?

This question is an important (and often overlooked) one to ask. Communication plays a critical role in any legal matter. Truck accident cases are no exception. Your attorney should respond to your calls and answer your questions.

In an initial consultation, ask about the attorney’s availability. Will the lawyer personally handle your case, or will paralegals and assistants manage it? A responsible attorney will keep you informed about the status of your case and effectively communicate complicated legal issues in a way you can understand.

How Will a Lawyer Charge for Their Services?

Most Virginia truck accident attorneys work on a contingency fee basis. In this type of agreement, you don’t pay upfront legal fees. Instead, the lawyer collects a percentage of the compensation you recover. If you don’t collect compensation, you don’t owe the lawyer any money for legal fees.

Contingency fees allow you to receive the skilled legal representation you need to pursue your insurance claim without having to worry about risking further financial distress. It also lets you know that your attorney is incentivized to fight for maximum compensation.

Before hiring a lawyer, confirm their fee structure, including any costs beyond legal fees, such as filing and investigation costs. A trustworthy attorney will provide transparency and explain all potential expenses in plain language.

What If I Was Partly to Blame for the Truck Accident?

Virginia follows a pure contributory negligence rule. With few exceptions, you cannot recover compensation if you share fault in a trucking accident. Even one percent of fault can be enough to prevent you from recovering compensation under the state’s contributory negligence laws.

Insurance companies often use this rule to their advantage, employing various tactics to deflect and shift blame to avoid paying you. For this reason, you should work with a skilled truck accident attorney who can protect your accident claim by clearly establishing the other party’s liability.

What Is the Statute of Limitations for Filing a Truck Accident Lawsuit in Virginia?

Under Virginia law, you typically have two years from the date of your injuries in an accident to file a personal injury lawsuit. Missing this deadline can prevent you from recovering compensation, no matter how strong your case may be.

However, some exceptions exist:

• Minors – Victims under 18 may have their filing window frozen (or “tolled”) until their 18th birthday, meaning they have until their 20th birthday to file a claim.
• Mental incapacity – If the injured person is mentally incapacitated at the time of the accident, the deadline may be extended until two years after they regain capacity.
• Fraud or concealment – If the at-fault party intentionally hides or conceals their identity to prevent a lawsuit, the court may extend the filing period based on when the injured party discovered the truth.

Regardless of how long you might have to file a lawsuit, it’s critical to act quickly when pursuing a truck accident lawsuit. The longer you wait, the more likely evidence will become lost or destroyed, or witness memories will fade.

Get Help from an Experienced Truck Accident Attorney in Virginia

If you suffered injuries in a truck accident that someone else caused, Lichtenstein Law Group PLC can level the playing field for you when dealing with insurance companies. Our law firm has over 100 years of combined legal experience, in-depth knowledge of truck accident law, and a deep understanding of how truck crash injuries can significantly impact a person’s life. We’re prepared to fight for the accountability and compensation you deserve. Contact us today for your free consultation.