Commercial truck accidents are some of the most devastating and destructive accidents due to the massive size and weight of the average truck compared to a passenger vehicle. If the occupants of the passenger vehicle involved in the accident survived the crash, they often suffer catastrophic injuries that require extensive and ongoing medical care, which can be extremely costly. A successful personal injury claim will ensure that the injured party recovers the financial compensation they deserve. However, when a commercial truck accident is involved, the claims process can be a bit more complicated compared to an accident involving another passenger vehicle.
If you suffered a devastating injury in a commercial truck accident, a highly skilled truck accident lawyer will help you navigate the claims process, ensure that your legal rights are protected, and pursue the maximum financial compensation you deserve.
What Are the Most Common Causes of Commercial Truck Accidents?
When commercial truck drivers do not obey the rules of the road or engage in unsafe driving behaviors, there is an increased risk of a serious truck accident. The following are examples of some of the most common causes of truck accidents that can lead to severe injuries and fatalities:
- Distracted Driving: Truck drivers often use their phones for navigation or to communicate while driving. Like other drivers, they also use their phones to read or send text messages, talk on the phone, or check social media. When their attention is away from the road for even a matter of seconds, this can have devastating consequences if there are other motorists in the vicinity.
- Drowsy Driving: This is a common problem among commercial truck drivers. Truck companies often impose very tight delivery deadlines on truck drivers. As a result, despite the Hours of Service (HOS) regulations that limit the number of hours a commercial truck driver can be on duty before taking a break, many truck drivers continue driving so they can meet those deadlines, even if they have exceeded the driving limit. Extreme fatigue can cause slower reaction times and reduced coordination. In extreme cases, truck drivers may fall asleep at the wheel, which can significantly increase the risk of a serious truck accident.
- Negligent Driving Behavior: Speeding, tailgating, unsafe lane changes, and cutting off other drivers are all examples of negligent driving that can cause a serious truck accident. All commercial truck drivers are required to make safety a top priority and obey the rules of the road at all times.
- Vehicle Maintenance Issues: Truck drivers and trucking companies must make sure that all trucks are maintained on a regular basis and that any mechanical issues are addressed before the truck is back on the road. Mechanical failures like tire blowouts and brake failures can cause serious truck accidents.
What Are the Steps Involved in the Commercial Truck Accident Claims Process?
While the circumstances of every truck accident are unique, the commercial truck accident claims process generally involves a set of similar steps, including the following:
- Investigate the accident. The first step of the claims process is to investigate the circumstances of the accident. This involves reviewing police reports, photographs from the scene of the accident, witness statements, and the position of the vehicles. In some cases, it may be necessary to hire an accident reconstructionist, who can provide an expert opinion about the cause of the accident.
- File a claim. After the investigation has been completed, you will file a claim with the truck company’s insurance company. Your claim will include a description of your injuries, the damages incurred, and an explanation as to why the other party is liable. Copies of your medical records, bills, and proof of lost wages will support your claim.
- The insurance company offers a settlement. Once the claim has been filed with the insurance company, they may conduct their own investigation. Your truck accident lawyer will communicate with the insurance company on your behalf and negotiate the best possible settlement outcome.
- File a lawsuit. If a fair settlement cannot be reached, the next step is to file a lawsuit, where you submit a complaint that includes the important details of your case, including the facts about the collision and the damages you are seeking.
- Enter the ‘discovery’ phase. During this phase, you and the other parties involved in the case exchange evidence and information. Witnesses may provide sworn statements about the accident.
- Trial. If a settlement cannot be reached during discovery, the case will either go to trial where both sides will present their arguments in front of a judge or jury, or you may try to resolve the case by participating in mediation, arbitration, or other Alternative Dispute Resolution (ADR) methods, which can be less time-consuming and less expensive.
Virginia Beach Truck Accident Lawyers at Anchor Legal® Represent Victims of Commercial Truck Accidents
If you or a loved one suffered a devastating injury in a commercial truck accident, do not hesitate to contact the Virginia Beach truck accident lawyers at Anchor Legal®. To schedule a free consultation, call us today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we gladly serve clients in Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and Eastern Shore, Virginia.