Fairfax, Virginia, Truck Accident Frequently Asked Questions

How do I get the truck's black box? What is an electronic log? Is the trucking company liable for damages as well as the driver? Truck accident cases are complicated and you are sure to have many questions about yours. We answer many of them in our section of Frequently Asked Questions, but you are always welcome to call our office with more questions.
  • Page 1
  • What are the benefits of hiring a Virginia truck accident lawyer after a semi-truck crash?

    Vehicle accidents are common; however, some collisions are more likely to end in serious injury than others. Semi-truck crashes are often especially devastating, leaving victims disfigured, disabled, and sometimes deceased. Hiring a truck accident attorney

    Why Hire a Virginia Semi-Truck Attorney

    Semi-truck accidents are different than other types of collisions. Not only are these crashes more likely to inflict serious, disabling injuries, they are also comparatively complex. Since the interstate transportation industry is regulated at the state and federal levels, trucking companies are held to a variety of rules and regulations. While these rules and regulations often work to the benefit of victims, they can be difficult to navigate without special legal training.

    An experienced semi-truck accident attorney can help you bolster your chances of receiving a favorable settlement in many ways.

    Investigating the Accident

    Your semi-truck accident attorney can help you investigate the causes and circumstances of your accident by:

    • Collecting evidence from the crash site
    • Interviewing eyewitnesses
    • Inspecting the damage to your vehicle and the damage to the semi-truck
    • Examining the at-fault truck driver’s employment history, qualifications, and drug test results
    • Reviewing the trucking company’s safety and violations records

    Determining Liability

    In ordinary automobile accident claims, there is usually only one defendant: the at-fault driver.

    However, semi-truck injury lawsuits typically investigate the potential wrongdoing of multiple parties. For example, the employing company could have contributed to the accident by pressuring the driver to remain on the road when they were tired. Consequently, your case could include several defendants, including:

    • The semi-truck driver
    • The trucking company
    • A cargo shipper
    • A vehicle manufacturer
    • A vehicle parts maker

    Your attorney will review the available evidence to identify potential defendants, doing everything in their power to ensure you receive a fair settlement.

    Negotiating a Settlement

    Semi-truck companies are required by law to purchase and maintain large liability insurance policies. However, insurance companies are still for-profit enterprises that are typically more interested in increasing their profits than paying fair settlements.

    Even if you have been seriously injured, the adjuster might try to devalue or deny your claim by:

    • Asking you to provide a recorded statement, which they could scour for contradictions, hoping to use your own words against you
    • Demanding that you consent to a so-called “independent medical examination,” which might be scheduled with a physician with a reputation for denying injury claims
    • Refusing to negotiate in good faith

    Insurance adjusters will often recommend that accident victims avoid hiring an attorney because they know that victims without representation are more likely to accept a lowball settlement.

    Maximizing Your Compensation

    Virginia does not currently cap the damages available to semi-truck accident victims. However, assessing the totality of your damages could be difficult, especially if you require continuing medical care or long-term assistance.

    Your semi-truck accident attorney could help you claim damages for:

    • Your past, present, and anticipated future medical expenses
    • Physical rehabilitation
    • Prescription medication co-pays
    • Lost income
    • Diminished earning potential
    • Disfigurement
    • Disability
    • Wrongful death

    While Virginia does not cap damages, it does have a strict statute of limitations. Under Virginia’s statute of limitations, accident victims have a limited timeframe to file a personal injury lawsuit. If you wait too long to take action, the court could dismiss your claim without giving you a chance to tell your side of the story.

    Contact an Attorney Today

    Kearney, Freeman, Fogarty & Joshi believe that nobody should have to pay the price for a trucking company’s poor policies. If you or a loved one suffered injuries in a Virginia semi-truck accident that was not your fault, you could be entitled to significant compensation. Please send us a message online, or call us at 877-652-1553 to schedule your free, no-obligation consultation as soon as possible.


  • What should I do after being hit by a delivery truck?

    When you’ve been injured in an accident with a delivery truck, obtaining a fair settlement requires different evidence and sometimes more aggressive litigation than if you were in a crash with a car. Drivers in accidents with commercial vehicles often suffer very serious injuries, and the insurance companies for the defendants are likely to lose a lot of money in a personal injury case. Thus, they will fight hard to save money.

    What to Do After You’re Injured by a Delivery Truck

    Various Sized Delivery TrucksIf you’re not seriously injured, there are important steps to take following a truck accident. After calling 911, you should:

    • Take pictures and/or videos. If you can, photograph the accident, the cars involved and their damage, and the street area where the crash occurred. These pictures can provide significant evidence for your personal injury case. Also, take pictures of your injuries and any other evidence that could help prove the truck driver was at fault.
    • Gather contact information. It’s important to collect contact information from the people involved in the crash, as well as from any bystanders and eyewitnesses. This includes names, addresses, and insurance information. If eyewitnesses are willing to be recorded, take a phone video of their conversation with you.
    • Restrict your information. Don’t admit blame to the police or any insurance company adjusters who may be sent to the scene. Don’t give a recorded statement to anyone, and don’t talk about your injuries. For example, if you make a general comment such as “I’m okay,” it could harm your case later. And your assessment may simply not be true. You could have serious injuries that have not presented yet.
    • Contact an experienced, skilled truck accident attorney. Truck accident cases are often very complex and involve many potential liable parties. It’s important to have a skilled truck accident attorney on your side to give you the best chance of obtaining fair compensation.

    Contact Kearney, Freeman, Fogarty & Joshi, PLLC

    If you were injured in an accident with a delivery truck, a personal injury case can be complex and require a great deal of evidence. Depending on the nature of your injuries, you could be disabled and out of work for a significant period of time. The attorneys at Kearney, Freeman, Fogarty & Joshi can help.

    Call us today for a free, no-obligation consultation. Our attorneys will work to help you negotiate a fair truck crash settlement. Because we work on a contingency basis, you pay nothing up-front. We only get paid when you get paid.


  • What kind of damages can I recover if I’m hurt in a Virginia truck accident?

    Before you can recover any damages in a settlement or in court, you have to do two things. First, you must prove that the defendant is legally responsible for the truck accident injuries you’ve suffered. Second, you must prove the value of the damages you’ve already incurred and those you may incur in the future. Damages for truck accidents

    Damages That Should be Included in Your Recovery

    When you file a personal injury claim after a truck accident, you may be able to recover compensation for all of the following damages related to your injury:

    • Medical expenses. These include surgeries, hospitalizations, doctor appointments, medical tests, medications, and rehabilitation therapies.
    • Lost income. Any income you cannot earn because of your injuries should be part of your recovery. This includes partial or total loss of income, bonuses, and other compensation received from an employer or income from self-employment.
    • Out-of-pocket costs. Any expenses you incur as a direct result of the truck wreck may be compensated.
    • Pain and suffering. You should be compensated for your physical pain and emotional suffering. Mental anguish, scarring, physical disfigurements, and disabilities will be considered.

    Additionally, you may be able to recover compensation for your property damage and for anything else you can prove that you lost as a direct result of your truck accident. In limited circumstances, punitive damages are also possible.

    How to Protect Your Fair Recovery

    If you’ve suffered injuries due to a truck driver’s negligence, you have the right to recover damages, and you need an experienced lawyer to protect your rights.

    Our lawyers know how to investigate your case, gather evidence, and argue for a fair recovery. Don’t take unnecessary chances with your financial future. Contact us our Fairfax, Virginia experienced personal injury attorneys for a confidential consultation about your rights and potential recovery.