Truck accident victims often experience devastating, life-altering injuries that require months or even years of medical care. These treatments can be expensive, placing a financial burden on a victim and his or her family.
At Geoff McDonald and Associates, our Richmond truck accident lawyers have been representing accident victims in Virginia for more than two decades and have recovered more than $400 million in settlements and awards for our clients. Our CEO and President Geoff McDonald is a member of the American Association for Justice.
Learn more about your legal options by scheduling a free consultation with a Richmond truck accident attorney from our firm. We are prepared to answer your legal questions and determine whether you may have a valid case. There is no obligation for you to retain our services. If we represent you, you will not owe us anything upfront unless and until we help you obtain compensation.
Call 804-203-0678 today for more information about our services.
Do I Have a Valid Truck Accident Case?
Determining whether you may have a valid case is difficult without understanding all of the circumstances involved in the crash. Truck crashes can be very complex and take a long time to properly investigate.
This is why we recommend consulting with a knowledgeable attorney. He or she could help determine if the commercial truck driver or another party was a negligent driver and whether this carelessness caused the accident and your injury. Our legal team has many years of experience proving negligence in these types of cases.
Four elements of negligence must be present to be eligible to take legal action:
- The at-fault party owed you a duty of care to reasonably avoid actions that could cause you harm
- The at-fault party breached this duty of care by failing to act in a safe or reasonable manner
- The injuries you incurred were directly caused by the at-fault party’s breach of duty
- The at-fault party’s breach of duty resulted in damages, such as medical bills or loss of income
Proving negligence for a truck accident can be challenging. If you have a case, our Richmond truck accident attorneys are prepared to protect your best interests throughout the legal process.
Contact our Richmond Truck Accident Lawyers Today: 804-203-0678
Who May Be Liable For My Damages?
Trucking accidents have multiple parties who may share liability for the damages you suffered. This includes:
- Truck operator–The operator of the truck could be held responsible for several driver errors, such as distracted driving, impaired driving due to driver fatigue, or operating under the influence.
- Truck owner– Owners of commercial trucks are responsible for maintenance issues. If there was a known hazard, such as worn tires or faulty brakes, and the owner failed to correct the problem, he or she could be liable if an investigation shows that the hazard contributed to the accident.
- Owner of the trailer– Similar to a truck owner, the owner of the trailer could be liable if a known defect was ignored, and it contributed to the accident.
- Haulage company– Often a haulage company is responsible for training a commercial motorist and may also share liability for the condition of the vehicle if there was a known problem that was not properly reported or mitigated.
- Cargo loading company– The loading company could be liable for multiple issues related to how the cargo is loaded and balanced. Any errors can potentially impact the operator’s ability to safely maneuver the commercial vehicle.
- Company responsible for maintenance– If the company responsible for maintaining a truck neglects the care of a vehicle and sends it out on the road with known defects that contribute to an accident, it may share liability for damages incurred in an accident.
Why Truck Accidents Are Different from Other Accident Claims
Following a truck crash, it is important to hire an attorney with experience handling this specific type of claim. Truck accidents can lead to more complicated legal matters than other types of accidents, and the stakes can be much higher.
Technical Evidence
Truck accidents often involve a significant amount of technical evidence. These cases require a thorough investigation to determine the cause of the accident and who may be responsible. Common evidence can include:
- Event data recorders (black boxes)
- Electronic logbooks
- Dashcam footage
- Accident recreation models
- Driving and employment records
- Maintenance records
Gathering and analyzing this evidence can be challenging and might require hiring industry experts.
Multiple Parties Involved
Unlike other accidents where only one driver may be at fault, truck accidents often involve various individuals and entities that share responsibility for the incident. This may include the truck driver, the trucking company, maintenance contractors, and even the manufacturer of the truck. Determining each party’s level of liability requires a clear understanding of the laws and regulations surrounding commercial trucking, which is where an experienced truck accident attorney can provide valuable guidance and representation.
Commercial Trucking Regulations
Commercial trucking regulations also regularly play an important role in truck accident claims. The trucking industry is subject to numerous regulations and guidelines that do not apply to non-commercial drivers. These regulations govern things like:
- Driver qualifications
- Hours of service
- Truck maintenance
- Cargo loading procedures
A skilled truck accident attorney will be familiar with these regulations and utilize them to strengthen your case and hold the responsible parties accountable for any violations.
If you’ve been in a truck accident, always seek the guidance of a qualified Richmond truck accident lawyer from Geoff McDonald and Associates, who can address the unique challenges of these cases.
What Types Of Damages Can I Pursue For a Truck Accident?
Truck accident lawsuits vary as do the injuries involved. Cases may involve traumatic brain injuries, spinal cord injuries, and in the most unfortunate cases, surviving family members may have to file a wrongful death lawsuit. Determining the types and amount of damages an injury victim can pursue after a truck accident varies on a case-by-case basis. Our legal team needs to review your situation in great detail, including the extent of your injuries and medical care you have incurred and will continue to incur until you make a recovery.
Some of the typical damages you may be eligible to pursue include:
- Loss of income if you were unable to work while recovering
- Emergency care, including the cost of ambulance transportation
- All reasonable medical expenses
- Property damage
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of companionship or consortium
How Long Do I Have To File a Claim?
Virginia’s statute of limitations, which defines how long you have to file a claim, provides injury victims two years from the date of the accident to file a claim. Failure to file within the two-year window will likely result in the court dismissing the case and being barred from obtaining a recovery.
It is also important to note that certain exceptions could require you to file sooner or later. For this reason, we recommend that you do not delay contacting our personal injury lawyers at Geoff McDonald and Associates for legal advice. We have extensive knowledge of Virginia laws and what may apply in your situation.
Call Geoff McDonald & Associates to get started. We are prepared to help: 804-203-0678
How Can Hiring a Truck Accident Lawyer Help?
Hiring a lawyer provides a legal representative who is on your side, protecting your rights and pursuing your best interests throughout the legal process. Truck accident cases are especially complicated because of the multiple parties involved. Additionally, it is known that injury victims who retain legal help often receive significantly higher settlement awards than those who try to pursue a claim on their own.
Our Richmond truck accident lawyers have decades of experience handling different types of truck accidents. These cases are often quite different from regular auto accidents. We are familiar with the tactics insurance companies may try to use to devalue your claim, and know how to investigate accident scenes to prove negligence and establish liability to seek maximum compensation for you. If a fair settlement is not reached, we are also ready to go to court, if necessary.
Accepting An Insurance Company’s Settlement Offer
It is in your best interest that you not accept a settle offer from an insurance company without speaking with a lawyer. Insurance companies for the liable party are notorious for offering lowball settlements for a case that they know is worth significantly more. Their goal is to make money, not to pay fair compensation for severe injuries.
We understand how to accurately calculate the value of a claim and ensure that more than your current medical costs are covered. A settlement needs to take your long-term care and recovery into consideration as well. What many injury victims may not know is that commercial trucks and trucking companies often have multiple insurance policies.
If you have a valid case, you may be able to claim damages from multiple sources, including:
- The semi – truck driver’s liability insurance
- Cargo insurance
- Uninsured motorist/underinsured motorist insurances (UM/UIM)
- Motor-carrier insurance
- Carrier insurance
- Medical payment insurance
Learn more in a consultation with one of our qualified lawyers. It is a completely free, no-obligation opportunity to get answers to your legal questions, including what you can expect from a truck accident claim.
Call a Richmond Truck Accident Attorney to Get Started
If you have been injured in a commercial truck accident and are unsure if you have a valid case, an experienced attorney at Geoff McDonald and Associates are here to help. Should we represent you, we are prepared to help you build a strong case by gathering essential evidence such as medical records, photographs of the accident scene and your truck accident injuries, the truck’s black box, trucking company records and anything else deemed relevant.
Schedule a free consultation with a member of our legal team. There is no obligation to take legal action and no upfront fees unless you recover compensation.
Our office in Richmond is located about 20 minutes away from VCU Medical Center
Geoff McDonald and Associates: 804-203-0678.
Truck Accident FAQs
After a truck accident in Richmond, Virginia, you likely have a lot of questions. Here are some frequently asked questions, and you should never hesitate to consult our legal team at Geoff McDonald and Associates to discuss your specific situation.
What is my truck accident claim worth?
Each truck accident claim is different, and there is no way to know how much you deserve for your claim without assessing your specific injuries and losses. The compensation you need should cover all your losses, including both your economic and non-economic losses. The best way to know how much you deserve is to allow us to evaluate your circumstances.
Keep in mind that insurance companies aim to reduce the value of your claim, often by minimizing your non-economic losses like pain and suffering. Having a truck accident attorney who will assess the true worth of your losses and negotiate for full compensation is always important.
Do I really need an attorney for my truck accident case?
While you may be tempted to handle your truck accident case on your own, it’s never advisable. Truck accident cases involve detailed legal processes, sophisticated parties, and insurance companies often trying to minimize payouts or deny claims altogether. An experienced Richmond truck accident attorney can handle the legal system on your behalf, gather evidence, negotiate with insurance companies, and advocate for your rights to ensure you receive the compensation you deserve.
How much does it cost to hire a truck accident attorney?
Our Richmond truck accident firm works on a contingency fee basis. This means case evaluations are free, and you will not have to pay any upfront fees to hire our firm. Instead, your attorney’s fees will be deducted from the settlement or award you receive. This fee structure allows you to access quality legal representation without financial burden, as your attorney only gets paid if they successfully recover compensation for you.
If you do not receive compensation, you do not owe legal fees. This allows you access to quality legal representation, no matter your financial situation following your truck crash.