A Virginia Beach truck accident is a catastrophic storm of twisted metal, shattered glass, and broken bodies. Given how dangerous these crashes are and how they often ruin people’s lives, they raise a critical question: Who’s to blame? The answer to this question is vital for anyone injured in the crash, as they may have the right to significant compensation.
The Virginia Beach truck injury lawyers at Deering Hedrick are experienced at helping people like you recover fair compensation after a collision. We know how to find the available evidence showing who caused the crash so that we can demand just compensation for your injuries. The potentially liable parties in these cases vary, and many truck accidents involve multiple liable parties. Whoever caused the accident, rest assured we will do everything we can to hold them accountable.
Potentially Liable Parties in Virginia Truck Accidents
The potentially liable parties for a Virginia truck accident depend on how the accident happened, who was involved, and other factors. The parties most commonly found liable for truck crashes include:
- Truck Drivers: The most direct cause of many truck accidents is driver error. This can include factors like fatigue, distracted driving, driving under the influence, or not adhering to traffic laws. If a truck driver is negligent or reckless, they are accountable for the accidents they cause.
- Truck Companies: Often, the company that owns the truck or employs the driver shares liability for a collision. Examples of trucking company negligence include failure to properly maintain vehicles, inadequate training of drivers, or pushing drivers to work beyond the legal hours of service.
- Truck Manufacturers: If a truck accident occurs because of a defect or malfunction in the truck, the manufacturer of the vehicle or its parts might be responsible.
- Cargo Loaders or Shipping Companies: Improperly loaded or overloaded trucks can cause or contribute to accidents. If cargo shifts unexpectedly or a truck is too heavy, it can lead to loss of control or other complications. Those responsible for loading the truck or overseeing cargo could be liable if their negligence contributed to a crash.
- Maintenance Providers: Trucks require rigorous maintenance to operate safely. If a third-party maintenance provider did a subpar job, and that neglect led to an accident, they could be liable.
- Other Motorists: If another motorist’s negligence forces a truck driver into a dangerous maneuver that results in a crash, the negligent driver might be partly liable for the collision.
Proving Liability for a Virginia Truck Accident
Understanding who’s responsible for a Virginia truck crash is just one piece of the puzzle. Proving it requires tangible evidence. Some common types of evidence in Virginia truck accident claims include:
- Police Reports
- The Truck Driver’s Logs
- Eyewitness Accounts
- The Truck’s Maintenance Records
- Crash Scene Photos and Videos
- Expert Testimony
- Data from the Truck’s Black Box
- Cargo Loading Records
One important thing to know is Virginia’s pure contributory negligence doctrine. Basically, this rule says that if someone contributed to their injuries in an accident in any way, they are ineligible for compensation. Given this harsh and strict rule, hiring an experienced and driven attorney is crucial to recovering the money you need after a collision.
Deadline to File a Virginia Truck Accident Lawsuit
Under Virginia law, anyone injured in a truck crash has only two years from the accident date to file a lawsuit. Missing this deadline means you lose your right to pursue justice in court, so talk to a lawyer as soon as possible.
As accident lawyers in Virginia Beach, the Deering Hedrick team is committed to protecting your rights and helping you pursue maximum compensation after a truck crash. Call 757-383-6848 today or reach out online for a confidential case review.