How Do I Know If I Have a Valid Truck Accident Case in Virginia?

Jul 5, 2023 | Auto Accidents

Truck accidents are some of the deadliest vehicle accidents that occur across Virginia, especially when commercial trucks collide with smaller vehicles. If you or a loved one suffered injuries in a truck collision, you may ask, “Do I have a valid truck accident case?”

Let’s explore how truck accident claims work and how a skilled lawyer can improve your chances of recovering fair compensation for your injuries.

Establishing Liability in a Truck Accident Case

To prove the truck driver’s liability in your accident case, you’ll have to show that:

  • The responsible party breached their duty of care. For instance, the truck driver was speeding or texting while driving. In some cases, the trucking company may also be liable if they failed to provide adequate training for the driver or proper truck maintenance.
  • The breach of duty led to your injury, i.e., the driver should reasonably have noticed your vehicle if their unlawful mobile phone use hadn’t distracted them.
  • The injury caused significant damages, like medical costs, lost wages, physical pain, and emotional trauma.


Virginia’s Contributory Negligence Law

The question of “Do I have a valid truck accident case?” may be more complicated in Virginia in comparison to other states.

Virginia personal injury law works upon contributory negligence, which means that the alleged at-fault party must carry 100% responsibility for your damages. If you were even partially responsible for the accident, you may not have a case at all.

The liable truck driver, their employer, and their insurance company will likely try to use the contributory negligence principle to avoid compensating you, so you need a knowledgeable and experienced truck accident lawyer to defend your interests.

What to Do After a Truck Accident in Virginia

Unless you need emergency medical care for your injuries, stay on the accident scene until law enforcement arrives and tell them exactly what happened during the incident. Keep in mind that the truck driver may give the police a completely different account to avoid penalties, since many trucking companies will instantly terminate any driver who caused an accident.

You should also save any relevant documentation, like photos and videos of the accident scene, medical reports, and witness names and contact numbers.

After seeking the necessary medical attention and reporting the accident to the police, call a local truck accident lawyer. Quick legal action will boost your odds of resolving your claim successfully.

How an Experienced Truck Accident Lawyer Can Support Your Claim

After a truck accident, you may face a grueling recovery process and overwhelming medical expenses. The liable party and/or their insurer may exploit your vulnerability and lowball your compensation offer or deny your claim altogether.

You can protect your interests by working with an experienced truck accident lawyer who will:

  • Assess your case and let you know whether you have grounds for a claim
  • Source and present relevant evidence to build a compelling case
  • Handle the claim process and all negotiations with insurance companies
  • Represent you in court if the settlement process fails and your case proceeds to trial


Geoff McDonald & Associates: Supporting Virginia Truck Accident Victims for Over 20 Years

If you or your loved one suffered a serious truck accident in Virginia, you may wonder whether you have a valid truck accident case and what steps to take next. At Geoff McDonald & Associates, we can provide skilled and assertive legal support for your personal injury or wrongful death claim. To date, our stellar legal team has recovered over $400 million for clients across Virginia.

Call (804) 409-0821 or contact us online for a free consultation with an experienced truck accident lawyer in Richmond and Virginia Beach, VA.

Geoff McDonald and Associates: 804-888-8888.


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