If you have been in a car accident before, you might assume that a truck accident claim proceeds in a similar fashion. However, the average commercial freight truck weighs about 80,000 pounds or more, 20 times the weight of a passenger car. As such, there is a much greater chance of severe injuries and several other critical differences between auto accidents and truck accidents.
Montagna Klein Camden is a leading Virginia truck accident law firm with offices in Norfolk, Virginia Beach, and Newport News. We have a long history of protecting our injured clients against insurance companies who will do everything within their power to prove they are not liable and by recovering maximum compensation for their truck accident claims. With our firm, you can sit back and focus on recovering from your traumatic experience while we handle the complexities of your truck accident claim and get you the compensation you deserve.
What Types of Truck Accidents Does Montagna Law Handle?
Montagna Law handles any type of truck accident involving an 18-wheeler, tractor-trailer accident, or other large commercial vehicles from box trucks to construction vehicles and beyond. Just a few of the types of cases we handle include:
- Garbage trucks
- Cement trucks
- Tractor-trailers
- Tow trucks
- 18-wheelers
- Car transporters
If you have been in an accident with a semi-truck or other big rig in Hampton Roads or across Virginia, our legal team is here to listen, provide legal advice, and fight for the compensation you deserve. Call our offices at 757-622-8100 or use our online contact form for a free consultation today.
Recent Truck Accidents Lawsuit and Settlement Victories
Montagna Law has won millions of dollars in settlements, judgments, and awards for our clients over the years, including a $900,000 settlement for an accident involving a large truck. While it is hard to say what your case might be worth until we do a case evaluation, we fight for fair compensation for our clients every step of the way.
How Do Truck Accidents Differ From Car Accidents?
When compared with other types of motor vehicle accidents like car and motorcycle accidents, those involving a big rig or other commercial truck accidents are far more devastating, involving disfigurement and other catastrophic injuries.
Increased Severity of Damage
Financial damages can quickly add up to tens of thousands of dollars, not to mention immense emotional pain and suffering.
More Serious Injuries
Injuries sustained after a truck accident can be severe and come with intensive medical care and bills. Injuries following a truck accident are often life-altering.
Larger Insurance Policies
Truck drivers’ insurance policies can be up to 50 times larger than car accident insurance policies. Because of this, these insurance companies will do everything within their power to prove they are not liable.
Larger Medical Bills
Victims of truck accidents tend to spend much longer in the hospital for their injuries than car accident victims.
Greater Chance of Fatalities
An accident with a large commercial truck is significantly more likely to result in death than a crash involving two cars.
More Complexity
Commercial trucking accidents are viewed differently largely because truck drivers are generally employed by a trucking company. As the employer of the truck driver involved in or who caused the accident, the legal responsibility may fall on the trucking company. Other parties that may be liable in the case of a trucking accident include:
- Commercial vehicle manufacturers
- Vendors used by the trucking company
- Cargo owners
- Local governments (in the case of poor road design, lacking signage, etc.)
What Are Common Causes of Truck Accidents in Virginia?
The common causes of truck accidents in Virginia are both similar and different to those involving other types of passenger vehicles. The trucking industry is heavily regulated under federal law. These regulations are put in place to protect both truckers and other motorists from the risk of serious accidents. Truckers may be held liable for damages and compensation to truck accident victims if they violate these laws.
Some of the most common causes of vehicle accidents involving trucks include fatigue, drunk and distracted driving, equipment failure, improper cargo loading, and lack of proper training. In many cases, these accidents involve many responsible parties beyond the trucker. That is why it is important to have a personal injury lawyer in your corner who understands the unique nature of truck accident cases.
Driver Fatigue
Federal laws are in place to limit how much time motorists operating large trucks can spend on the road, yet fatigue is still a major problem. Drivers often ignore these regulations in the interest of making up time. This leads to slowed reflexes, lack of attention, and even falling asleep at the wheel.
Drunk or Distracted Driver
Drunk and distracted drivers are two of the most common dangers on roadways today in terms of presenting a risk to other passenger vehicles. Whether a driver is drinking, using drugs, reading, eating, or talking on a cell phone while behind the wheel, their reaction time is slowed, and their judgment is impaired. Distraction, drinking, and drugs affect drivers in such a way that they cannot pay proper attention to the road.
Equipment Failure
Equipment failure means some part of the truck that is important for its function does not work the way it should. It could be that the brakes fail, tires blow out, headlights or turn signals do not work properly, or any other aspect of the truck’s mechanics fail. These types of personal injury claims can be complex, as in addition to the trucker, the trucking company, maintenance crew, and even the parts manufacturers may hold some responsibility.
Cargo Loaded Incorrectly
When the crews responsible for loading cargo fail to make sure that it is correctly secured and balanced, it can throw off the driver’s ability to control the vehicle. This can lead to catastrophic accidents that can change or even end lives. Personal injury law provides compensation to the victims of these situations, which can involve several responsible parties.
Lack of Training
Running a large commercial vehicle requires intensive training. With the trucking industry suffering staffing issues, too many companies are forgoing this training, which can have devastating consequences.
What Should I Do After a Truck Accident in Virginia?
As a general rule of thumb, the more serious the resulting injuries, the more complex and expensive the claim. Truck accidents often involve complex medical evidence and high-pressure insurance tactics that make them much more challenging than conventional auto accidents.
For example, carrier companies and their insurance providers are well aware of how high the stakes can be in a truck accident case. They are prepared to defend aggressively. Our experienced truck accident lawyers are crucial to protecting your best interests and leveling the playing field.
Keeping calm and taking the proper steps after an accident is vital in securing maximum compensation for your injuries.
Step One: Get to Safety Immediately
Get your vehicles and any people who can be moved off the road if possible so that they are not a risk to other drivers, which can make an already bad situation worse. Never apologize for anything at the accident scene.
Step Two: Call the Police
Contact first responders right away. This will enable you to ensure that everyone receives medical attention and file a police report. A police report, while not admissible as evidence, can help you to recall the details of the incident later. Do not leave the scene before the police arrive.
Step Three: Gather Evidence
Draw diagrams of what happened, take notes, and get as many photographs of the scene as possible from as many different angles as possible. Get contact information from any witnesses, and exchange information with the other driver. Stay calm, do not issue blame, and do not apologize. Simply gather evidence.
Step Four: Visit a Medical Provider
It is vital to get medical attention even if you do not feel hurt. Many injuries can take days or weeks to present, and getting seen early can help prevent injuries from worsening. It also shows you are taking the situation seriously.
Step Five: Talk to an Attorney
Calling a Virginia personal injury attorney can be the most important call you make. Contact Montagna Law at 757-622-8100 or use our easy online contact form for a free case review today.
Step Six: Reach Out to Your Insurance
Report the accident to your insurance company as soon as possible. Do not editorialize. Stick to the facts. The insurance company may look for reasons to doubt or deny your claim, so let your attorney handle communication after the initial report.
Step Seven: Ask for the Maximum Compensation
The right attorney in your corner can build a strong case for fair compensation and damages for the injuries you have suffered. Never be afraid that you are asking for too much. Going high at first will help you get a fair final settlement after negotiations.
What Kind of Compensation Can I Get From a Truck Accident Claim?
Generally speaking, the damages available to a victim of a truck accident in Virginia include (but may not be limited to):
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
- Future loss of earnings
- Emotional distress
- Diminished quality of life
- In the case of wrongful death, burial and funeral expenses
What Is the Average Settlement for Truck Crashes in Virginia?
Every truck accident is different, and the amount of compensation a victim can recover depends on the circumstances of the accident, the relevant insurance policies, and the nature of your injuries, among other considerations.
A truck accident lawyer is absolutely essential to your case and recovering the most damages. Our compassionate attorneys can not only ease the stress and anxiety that is natural in the aftermath of a truck accident but can also determine the at-fault party in the accident and what compensation should come from it.
What Factors Impact Truck Accident Claims?
The Presence of Negligence
If you have sustained injuries in a commercial truck accident, proving the accident was a result of negligence can be key to the process of recovering maximum compensation for your losses. In truck accidents, negligence can be any behavior or act that may be considered a breach of duty on the truck drivers’ part according to their duty of care.
Under the regulatory process imparted by the Federal Motor Carrier Safety Administration (FMCSA), truck drivers are responsible for following certain rules and regulations while on duty including:
- Maintaining a log of hours driven
- Driving no more than 10 hours per day
- Documenting rest and service breaks
- Non-use of drugs or alcohol
- Precise cargo loading
- Adhering to legal service and maintenance requirements
If you are involved in an accident with a truck driver who has failed to follow these regulations, you may be able to prove negligence on their part.
Liability Factors
Virginia is one of only four states that still uses pure contributory negligence. This means that if you bear even 1% of the responsibility for the truck crash, you may not be able to recover any damages. With many different parties possibly holding responsibility, from the driver to the trucking company and even the maintenance crew, it is vital to work with a qualified injury lawyer to build a strong case for you.
The Extent of Damage and Severity of Injuries
A truck accident claim also requires a comprehensive examination of the extent of damage and the severity of the sustained injuries.
In order to build a sustainable truck accident claim, one must take all the resulting expenses and factors into account. Without a trusted truck accident attorney by your side, it can be extremely difficult to recoup all of the economic and non-economic losses sustained during a truck accident. Here at Montagna Law, we partner with you to ensure that you are compensated for all of the trouble you have undergone during and following your truck accident.
Other Truck Accident Frequently Asked Questions
How Much Does a Truck Accident Lawyer Cost?
According to a study done by the American Bar Association, approximately 80 percent of lawyers who take on personal injury cases do so on a contingency fee basis. The contingency fee is from 33 to 40 percent, but clients can try and negotiate for a better rate. In most instances, the attorney will take a third of the compensation amount.
What Is the Statute of Limitations for Filing a Truck Accident Lawsuit?
In Virginia, you have two years from the date of the accident, or the date of death, in personal injury cases to file your lawsuit. This is called a statute of limitations.
How Long Will It Take to Settle My Case?
Every case is unique and different. Some take only a few months to solve, while others can take years. It depends on the complexities of your case. Know, however, that your attorneys at Montagna Law will fight doggedly for you every step of the way. Our only interest is getting you the compensation you deserve.
Why Should I Hire Montagna Law?
Open and Constant Communication
When you work with the truck accident lawyers at Montagna Law, you will never have to worry about a lack of communication. From the very first meeting with your attorney, you will notice just how simple it is to get in contact with us. Our attorneys truly care about getting to know you and your case so that we are able to win the highest possible compensation for you.
Recover the Maximum Compensation
We fight hard and win big. We have won millions of dollars for thousands of clients, helping them to restore their lives following destructive truck accidents.
Over 50 Years of Experience
When you are choosing a lawyer to defend your truck accident case, experience matters. Montagna Law has been practicing in Hampton Roads for decades, and we have the skills and expertise to handle your case in and out of court. We know the law, and we can make the law work for you.
Caring, Compassionate, and Aggressive
Truck accident injuries can be devastating to you and your life. They can severely affect your quality of life, your emotional and physical health, and your ability to return to work and make a living. When you work with Montagna Law, we keep your focus on restoring your health following your accident without weighing you down with the stress of the case.
We take the burden off you but also keep you involved in the case, so you never feel like decisions are being made without your confirmation. We will always keep you informed about the happenings of your case and the decisions we make on your behalf.
You Don’t Pay Us a Penny Unless We Win Your Case
We work on a contingency fee basis with a zero-dollar, no-obligation consultation policy. We recover fees only after we have reached a settlement or judgment in your favor and the money has been awarded to you.
Montagna Law: Virginia Truck Accident Lawyers Who Care
If you or someone close to you have suffered an injury due to another person’s negligence and you find yourself in need of a truck accident lawyer, our team is here for you. Contact us today to work with our lawyers who possess decades of experience, knowledge, and tenacity to help you fight for your rights in Virginia.
Call the truck accident attorneys of Montagna Law at 757-622-8100 right now.
Montagna Law boasts experienced attorneys who understand the complexities of collisions involving commercial vehicles. That means you have a chance to get quality legal representation. We are well known for ethical representation, prompt and friendly service, and high-quality legal workmanship. At Montagna Law, we take pride in helping people who have had accidents, car crashes, or truck accidents because we know why it is important to give people hope after a collision.
Our attorneys have been handling personal injury cases for years and strive every day to protect the rights of all of our clients. We are a truck accident law firm focused on providing quality legal representation for all Virginia victims.
Do you have questions about a trucking accident or injury? Do you need information and/or advice on how to move forward with your case? We would like to hear from you. Contact us today, and we will review your situation and provide you with an analysis of the potential outcomes of the truck accident case. It costs you nothing to consult our team.
