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Truck Accidents
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Portsmouth highway in Virginia

Truck Accident Attorney Serving Portsmouth

Portsmouth, Virginia offers amazing access to transportation from shipping to railway to interstates, which makes it a hub for many supply chains. Tractor-trailers drop off goods here, which then ship across the sea. Commercial trucks are vital to our local economy, but they pose a safety risk. Truck accidents are on the rise, despite more stringent laws and regulations, and a collision with a tractor-trailer or other large truck often results in catastrophically serious injuries.

Personal injury cases resulting from a tractor-trailer collision often involve trauma and mounting medical bills. It gets worse when insurance companies try to get out of paying claims, offering meager payouts, or even outright denying payment. If you or anyone in your family has been severely injured in a truck accident in Portsmouth, the law firm of Montagna Law is ready to help.

Let us work on recovering compensation while you work on recovering from your injuries.


Let us work on recovering compensation while you work on recovering from your injuries.

Call (877) 622-8100 or complete the online contact form to request a free consultation.


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      • “If you’re looking for someone who’s professional, attentive, serious, caring, and negotiable then [Montagna Law] is who you need. [They] understood [the] assignment and delivered well especially being with what I was looking at in my case.” – Tiara S.
      • “I have been a client of Montagna Law since 2014. Because the customer service is exceptional, I have established a rapport with everyone in the office. As a customer for 8 years, it is noted that this firm goes above and beyond for the clients.” – Eric E.
      • “Montagna Law are wonderful attorneys. I was diagnosed with stage 4 lung cancer and they assisted me from day one when I contacted them. I highly recommend their services! Thanks guy’s and gal’s for your services!” – Kevin B.

      Portsmouth Truck Accident Statistics You Should Know

      In 2022 alone, Portsmouth reported 1,285 motor vehicle accidents. Of those, 932 were serious injuries, and 14 resulted in deaths. Sixty percent of fatal commercial vehicle accidents in Virginia occurred on an interstate. Anyone traveling long distances around Portsmouth should take care along the popular trucking routes of 1-64 and 1-95. In fact, Brambleton Avenue – Park Avenue in Norfolk is the twelfth most dangerous in the state.

      You have the right to take the kids to the museum or head out to the park for a day with the family and not worry about a collision with a truck. When this happens, contact the Montagna law firm at (877) 622-8100 or use our online contact form for a free consultation and case evaluation.

      What Are Some Common Causes of Truck Accident Cases in Portsmouth, Virginia?

      Many different factors can play into Portsmouth, Virginia truck accidents. Some of the most common include:

      • Reckless driving;
      • Excess traffic;
      • Road hazards;
      • Inadequate maintenance;
      • Weather conditions;
      • Poor cargo loading; and
      • Unrealistic time constraints.

      Many of these can involve multiple responsible parties besides truck drivers, which complicates pursuing these types of personal injury cases. Your personal injury lawyer can offer legal advice to help you determine who is responsible for the accident that caused your injury.

      Reckless Driving

      When truck drivers drive too fast for the conditions, ignore traffic signals, are distracted by the radio, cell phone use, eat and drink, or read, they behave recklessly. If an accident results, they can be held responsible.

      Excess Traffic

      Excess traffic can result in rear-end accidents, sideswipes, or even head-on collisions due to constant start and stop traffic. It is difficult for motorists to see around trucks, and it can be challenging for truckers to see smaller vehicles.

      Road Hazards

      Road hazards involve everything from construction sites to potholes, loose gravel or sand on the roads, and even oil slicks. Trucks can sometimes throw tread, creating an immediate risk to other vehicles around them. If a trucker is not paying attention to road conditions and fails to drive safely, they can cause accidents resulting in serious personal injury claims.

      Inadequate Maintenance

      Every motor vehicle is a complex piece of equipment, and if it is not kept in proper repair, many negative consequences can arise. If the truck is not maintained, the maintenance crew may sometimes be held responsible, as well as the truck driver and the trucking company.

      Weather Conditions

      Poor weather can cause a myriad of dangers. Portsmouth, on average, sees 115 days of precipitation every year. Even light rain can cause roads to become slippery, and the city does see some occasional snowfall in the winter, though not as much as in other states. However, Portsmouth, just like other Hampton Roads cities, is highly susceptible to intense flooding.

      Poor Cargo Loading

      Cargo in trucks is heavy and tenuous. If it is not adequately secured and balanced, it can shift, causing the truck to go out of control. When this happens, not only is the driver responsible, but the loading crew for the trucking company can be held accountable.

      Unrealistic Time Constraints

      The Federal Motor Carrier Safety Administration has strict guidelines in place to determine how long a trucker can drive before they are required to rest. Despite this, trucking companies or destinations often place unrealistic deadlines, which cause the driver to ignore these regulations. Whether speeding to make a deadline or driving through exhaustion, Virginia’s auto accident law allows you to hold accountable the driver and those responsible for the time constraints. A truck accident attorney can help you build a strong case.

      What Is the Difference Between a Truck Accident and a Car Accident in Portsmouth?

      Difference between a truck and car accident

       

      The primary difference between truck crashes, car accidents, and other types of motor vehicle collisions is the sheer scale of damage. In standard auto accidents, when two cars collide, the damage can be devastating. Truck accidents are far more likely to be catastrophic due to the sheer size and mass of the vehicle. Only motorcycle accidents come close to the devastation of vehicle accidents involving a commercial truck or big rig.

      What Are the Most Common Injuries Associated With Truck Accidents in Portsmouth

      If you are in a truck accident, it is vital to seek medical attention right away. Many injuries take some time to present symptoms, and if you get seen, it can stop things from getting worse. It also demonstrates that you took the accident seriously from the start, which can be crucial in pursuing your Virginia truck accident case. Some of the most common injuries Portsmouth truck accident lawyers see include:

      • Fractures
      • Spinal injuries
      • Traumatic brain injuries
      • Internal organ damage
      • Wrongful death

      Fractures

      Fractures or broken bones are a very common injury. While most broken bones heal within six weeks or so, sometimes they never heal properly and can leave you with lifelong disabilities. If this happens, your Portsmouth truck accident lawyer can help to build a case for your lost wages, medical bills, and pain and suffering.

      Spine Injuries

      Spine injuries can result in permanent disabilities, including paralysis, loss of limb sensation and function, and even chronic pain that never goes away.

      Traumatic Brain Injury

      Traumatic brain injury, or TBI, causes many invisible injuries that can last for life. These can include mood swings, depression, difficulty controlling emotions, cognitive issues, loss of balance and coordination, and even loss of limb use and paralysis.

      Internal Organ Damage

      Internal organ damage can result in many issues, including problems with your heart and lungs, difficulty digesting and processing food, and even internal bleeding that can be life-threatening. It can happen from severe impacts that jar or puncture your organs.

      Wrongful Death

      Wrongful death cases refer to situations where you lose a loved one to the reckless acts of another driver. In these cases, you may be able to secure funeral and burial expenses, loss of comfort and support, and other damages in addition to medical bills. A Portsmouth personal injury attorney with practice areas in auto accidents can help you build your case.

      What Is the Statute of Limitations for Truck Accidents in Portsmouth, VA

      Virginia’s statute of limitations for a truck accident is two years. This means you must file your lawsuit within two years of the accident, or two years of the date of death, in the case of a wrongful death suit.

      What Factors Impact Truck Accident Claims in Portsmouth, Virginia?

      Truck accident claims in Virginia, from Virginia Beach to Portsmouth and beyond, can grow immensely complex. Filing a suit should, in theory, be fairly simple. Yet, when dealing with trucking companies, you soon discover that everyone from the trucking company down to the driver attempts to assert blame elsewhere.

      Numerous Parties

      Truck accidents can involve many parties, including:

      • The truck driver;
      • The trucking company;
      • The loading crew;
      • The maintenance crew; and
      • The manufacturers of faulty parts

      Each party will have their own insurance company. None of them will want to pay a large claim.

      Proving Fault

      The legal theory of negligence is key in every personal injury case. Negligence means that a party violated a duty of care by acting recklessly or irresponsibly, which led to the accident and your injuries. If a case involves multiple defendants, they will all point fingers at each other.

      Trucking Records

      The Federal Motor Carrier Safety Administration (FMCSA) sets requirements for truck drivers and trucking companies. They must:

      • Log their hours driven;
      • Drive no longer than 10 hours before stopping for a break;
      • Document their rest breaks and service breaks;
      • Precisely load cargo;
      • Follow legal requirements regarding truck maintenance.

      If these records show negligence or are shown to be inaccurate, it can help plaintiffs hold the negligent parties responsible.

      Severe Injuries

      Truck accidents often involve catastrophic injuries. Catastrophic injuries typically include:

      • Extensive medical care
      • Long periods of rehabilitation
      • Permanent disability
      • Death

      Getting the compensation needed to care for such severe injuries requires extensive evidence and careful preparation. Truck accident injury victims need experienced legal representation to meet this burden.

      What Kinds of Compensation Can You Collect After a Portsmouth Truck Accident?

      court house with a scale in front

       

      There are two categories of damages in a truck accident. These are economic or special damages and non-economic or general damages.

      Economic Damages

      Economic damages, also called special damages, are those that are easy to value. They include the following:

      • Medical bills
      • Lost wages
      • Potential future compensation you now will not earn

      Non-Economic Damages

      Non-economic damages involve:

      • Pain and suffering
      • PTSD
      • Emotional trauma
      • Loss of consortium
      • Loss of ability to enjoy life
      • Other invisible injuries that can be harder to value

      Your Portsmouth personal injury attorney can help you to put a value on these injuries.

      What Are the Benefits of Hiring a Truck Accident Attorney in Portsmouth, Virginia?

      Montagna Law offers you a genuinely equitable opportunity to secure full and significant compensation for the injuries you have suffered. We bring over 50 years of experience to the table and put our clients first. We will maintain a continuous line of open communication and a caring, compassionate ear when you need one. Furthermore, you pay us nothing if you do not win your case.

      Let us fight the bullying insurance companies. Let us take on the battle for compensation so you can focus on the fight to get well again.

      Recent Settlements

      The Portsmouth truck accident lawyers at Montagna Law have obtained millions of dollars in verdicts and settlements for victims of truck crashes. This includes recent settlements for $950,000 and $750,000. We will fight to obtain the compensation that you deserve in your truck accident case.

      What To Do After a Truck Accident in Portsmouth

      After a truck accident, you should:

      • Call emergency medical services.
      • File a police report.
      • Gather evidence.
      • Contact an attorney.
      • Contact your insurance carrier.

      What To Do If an Insurance Adjuster Gives a Low Offer?

      Insurance adjusters are not your friends. The trucking industry has deep pockets, but that means that they can afford people who are skilled at finding ways to avoid paying damages.

      An adjuster’s first offer is likely to be too low to cover the full extent of your damages. You may want to hire an attorney to advocate for you with the adjuster.

      Stop a Truck Accident From Wrecking Your Life

      The law offices of Montagna Law have represented many people just like you from all over Hampton Roads, including Chesapeake, Norfolk, Newport News, Virginia Beach, Suffolk, and, of course, Portsmouth. Portsmouth truck accident victims can suffer serious, life-altering injuries or even death.

      If you are involved in a truck accident, you want an attorney who has a proven history of achieving abundant compensation for their clients. Contact our law offices via our easy online form or call (877) 622-8100 to schedule your case review with our legal team today. When you contact us, there is no obligation and no disclaimer; rather, you will speak to a truck accident lawyer who is eager to help you hold the responsible parties accountable and get you the compensation you deserve in your accident claim.

      Frequently Asked Questions

      How Long Does a Portsmouth Truck Accident Case Take?

      The amount of time needed to resolve a truck accident claim will depend on each case’s circumstances. A case without catastrophic injuries might not take very long. If the injuries are severe, or multiple parties could be at fault for the accident, the legal process could take much longer.

      Who Can Be Held Liable For a Truck Accident?

      It may be possible to hold several different people liable for a truck accident.
      -Truck Driver: Truck drivers must drive safely and follow traffic laws and trucking regulations. If they fail to do any of these, such as if they are fatigued due to driving too long, they could be liable for damages resulting from an accident.
      -Trucking Company: While some drivers own their semi-trucks, many are employees of trucking companies. Those companies could be liable for failing to inspect or maintain a truck or for requiring a driver to drive excess hours.
      -Cargo Loaders: A cargo loader could be liable if they failed to secure the cargo properly, inspect the cargo, or disclose the presence of hazardous materials.

      How Can I Prove the Negligence of the Truck Driver?

      To prove negligence, you must prove four elements:
      1. The defendant owed a duty of care, such as a truck driver’s duty to obey traffic laws.
      2. They breached that duty.
      3. Their breach directly caused the truck accident.
      4. You suffered damages because of the accident.

      What Are Virginia’s Negligence Laws?

      Virginia is one of the few states that still uses the “contributory negligence” rule. The other party must be 100% at fault. If you share any of the fault for the accident, contributory negligence states that you may not recover damages. This is where skilled legal representation is essential.