When a passenger vehicle is involved in a serious truck accident, it is often the occupants of the passenger vehicle who suffer the most devastating injuries, if they survive the crash. If the truck driver was responsible for causing the accident, you may be entitled to financial compensation. In order to recover the maximum damages you are entitled to, you will need to prove that the truck driver was negligent. This can be difficult to do on your own, particularly if your injuries are severe and you require extensive and ongoing medical treatment.
An experienced truck accident lawyer will conduct a thorough investigation, obtain the evidence necessary to prove that the truck driver was negligent, and pursue the maximum financial compensation you deserve for your injuries.
What Are Examples of Truck Driver Negligence?
There are a number of parties that may be liable for a truck accident, including truck companies, maintenance companies, and individuals responsible for loading the cargo. In most cases, however, the truck driver is at least partially liable for the accident. The following are some of the most common examples of truck driver negligence:
Drowsy Driving
This continues to be a problem in the trucking industry, primarily due to the tight delivery deadlines that truck drivers are under a great deal of pressure to meet. While there are federal Hours of Service (HOS) regulations that truck drivers are required to follow, drivers often find their way around these rules so that they can continue driving. Too often, however, this means that truck drivers are behind the wheel, despite being dangerously fatigued.
Extreme drowsiness can cause symptoms that are similar to drunk driving, including:
- Slower reaction times
- Reduced coordination
- Poor judgment
These factors can make drivers more likely to drift into other lanes of traffic, fail to recognize hazards in the road, or fall asleep at the wheel.
Distracted Driving
Like other motorists, truck drivers have a responsibility to keep their attention focused on the road and on operating their rig. Talking or texting on the phone, checking social media, reaching for something on the passenger seat, or adjusting the radio or GPS are all examples of distracted driving. Even if a truck driver’s attention is off the road for even a couple of seconds, this can have devastating consequences, particularly if there are other vehicles in the vicinity.
Speeding
In addition to keeping their attention on the road, truck drivers must obey the rules of the road, including following the posted speed limit. This is particularly important for truck drivers because it takes significantly more time for a massive commercial truck to slow down or come to a complete stop. In addition, high-speed truck accidents are often particularly catastrophic due to the extreme force of impact.
Impaired Driving
Truck drivers who are under the influence of drugs, alcohol, or prescription medication while operating a commercial truck are much more likely to cause a serious, yet preventable, truck accident.
Reckless Driving
While reckless driving is extremely unsafe, regardless of the driver, this type of behavior is extremely dangerous when it involves a large commercial truck. Examples of reckless driving include speeding, weaving in and out of lanes without signaling, cutting off other drivers, failing to yield, tailgating, and making short, sudden stops.
Improper Loading
If the cargo is not properly loaded or secured, there is an increased risk of the cargo coming loose inside the trailer, which can make it difficult for the truck driver to maintain control of the vehicle. This can also cause the cargo to fall out of the back of the truck, which can have devastating consequences if there are other vehicles in the vicinity.
What Injuries Do Truck Accidents Cause?
Unfortunately, when a passenger vehicle is involved in a truck accident, it is unlikely that the occupant of the passenger vehicle will walk away with only minor injuries. A fully loaded commercial truck can weigh up to 80,000 pounds compared to the average passenger vehicle, which ranges from 2,500 pounds to over 4,200 pounds.
The difference in size and weight, combined with the extreme force of impact, can cause severe injuries, including the following:
- Broken bones
- Severe cuts and lacerations
- Crushed or severed limbs
- Neck and back injuries
- Spinal cord injuries resulting in partial or total paralysis
- Severe burns
- Body disfigurement
- Traumatic Brain Injuries (TBIs)
What Compensation Am I Entitled to in a Truck Accident Claim?
Depending on the type and severity of the truck accident, you could suffer extensive losses. A successful truck accident claim will ensure that you recover the maximum damages you are entitled to, including the following:
- All medical expenses associated with your injuries, including hospitalization, surgeries, physical therapy, follow-up care, medical devices, and prescription medication
- Lost wages if you are unable to return to work
- Property damage
- Pain and suffering
- Post-Traumatic Stress Disorder (PTSD)
- Loss of enjoyment of life
What Elements of Negligence Do I Need to Prove?
When filing a truck accident claim, you must prove the following four elements of negligence:
- Duty of care. You must show that the truck driver had a duty to obey the rules of the road and avoid unsafe driving behaviors.
- Breach of duty. You must also prove that the truck driver failed to provide the duty of care. For example, if the truck driver was talking or texting on the phone at the time of the accident, this is a breach of duty.
- Causation. You must prove that there is a direct link between the breach of care and your injuries. Causation is often divided into two categories: cause-in-fact, meaning that the injury would not have happened if it were not for the truck driver’s actions, and proximate cause, which means that the injury was a foreseeable result of the truck driver’s actions.
- Damages. You must be able to prove that you suffered physical, financial, or emotional damages as a result of the accident.
How Do Truck Accident Lawyers Prove Driver Negligence?
In order to have a successful claims outcome, you will need to prove that the truck driver’s negligence caused the accident. The following are examples of evidence that will help build a strong case:
- Copy of the police report. This will include basic facts about the accident, who was involved, who was injured, what factors contributed to the accident, and whether negligence was a factor. In some cases, the police report will identify the at-fault party.
- Photos from the accident scene, including damage to your vehicle, your injuries, the position of the truck, skid marks on the road, and weather conditions.
- Witness statements. If there were other motorists or pedestrians in the area who saw the accident happen, their accounts can provide valuable evidence about who was responsible for causing the accident.
- Evidence of any defective truck part that could have caused the accident, including a blown tire or cargo that fell out of the trailer.
- Data from the truck driver’s logbook, which can show important details about how long the driver was on duty before taking a break to rest.
- Event data recorder, which tracks the driver’s speed, braking, and other data that can help determine the cause of the accident.
- Maintenance, repair, and inspection records. This can help prove that the truck was not properly maintained or that the necessary repairs were not made.
- Evidence of driver negligence. This could include documentation of the appropriate training and certification, the trucker’s driving record, and results of alcohol or drug tests that were done immediately following the accident.
Why Are Negligence Claims More Complicated in Virginia?
In any personal injury claim, the plaintiff has the burden of proving that the defendant is negligent. This includes truck accidents where there may be multiple liable parties. In addition to the challenges associated with identifying the liable party or parties, Virginia also follows the “pure contributory negligence” rule, which states that if you are found to be even 1% at fault, you will be prohibited from recovering any damages.
Truck companies often have a team of highly paid lawyers who will resort to a range of tactics to place some of the blame on you. This can be financially devastating if you suffer severe injuries that require extensive and ongoing medical care.
The Virginia Beach Truck Accident Lawyers at Anchor Legal® Assists Truck Accident Victims with the Claims Process
If you were seriously injured in a truck accident that was caused by the truck driver or another negligent party, do not hesitate to contact a Virginia Beach truck accident lawyer at Anchor Legal. We will examine the details of your case and help you navigate every step of the claims process. For a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we proudly serve clients in the surrounding areas.