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 Klein Camden is ready to help.
Portsmouth Truck Accident Statistics You Should Know
In 2020 alone, Portsmouth reported 1,317 motor vehicle accidents. Of those, 1,006 were serious injuries, and two resulted in deaths. Eighty 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 (757) 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?
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 truck accident lawyers see include fractures, spinal injuries, traumatic brain injuries, internal organ damage, and 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 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 personal injury attorney with practice areas in truck accidents can help you build your case.
What Is the Statute of Limitations for Truck Accidents in Portsmouth
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.
Truck accidents can involve many insurance companies, none of whom want to pay a large claim, from the truck driver to the trucking company to the loading crew to the maintenance crew and even the manufacturers of faulty parts that caused the mechanics to fail.
The key in every personal injury case is negligence. Negligence means that a party acted recklessly or irresponsibly, that this action violated a duty of care to behave responsibly and not put others in danger, that it led in some way to the accident, and that you got hurt in the accident.
The FMCSA requires truck drivers to maintain a log of hours driven, stop for a break after a maximum of 10 hours driving, document their rest breaks and service breaks, precisely load cargo, adhere to legal service requirements, and not use illicit substances. If these records show negligence or are shown to be inaccurate, the negligent parties can be held responsible.
Finally, truck accidents involve severe and catastrophic injuries. Because of the extent of the injuries and the sheer number of insurance companies involved, they can also involve high payouts. Montagna Law has won millions for our clients over the years in these cases, but getting full compensation requires an experienced truck accident attorney.
If you have suffered severe injuries in a truck accident, contact Montagna Law through our online contact form or by calling (757) 622-8100 to schedule your free, no-obligation case evaluation today.
What Kinds of Compensation Can You Collect After a Portsmouth Truck Accident?
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 things like your medical bills, lost wages, potential future compensation you now will not earn, and the like.
Non-Economic Damages
Non-economic damages involve pain and suffering, PTSD, emotional trauma, loss of consortium, loss of ability to enjoy life, and other invisible injuries that can be harder to value. Your 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.
Stop a Truck Accident From Wrecking Your Life
The law offices of Montagna Klein Camden 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 (757) 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.
