Fairfax, Virginia, Truck Accident Frequently Asked Questions

You could suffer devasting injuries if a negligent truck driver in Northern Virginia hits your car. If you were hurt in a truck crash and file a personal injury claim, you may wonder about the potential value of your claim.

Determining the exact amount you can recover in a truck accident is challenging, and it depends on many factors specific to your case. However, an experienced Fairfax personal injury lawyer can provide you with a realistic estimation of what your claim is worth. 

Damages You May Recover in a Fairfax Truck Accident Case

A skilled injury accident attorney will value your claim by first determining the compensation you could recover in a settlement with the insurance company. In a Virginia truck accident case, you can recover your past and future damages.

Possible Types of Compensable Damages in a Truck Crash

• Medical expenses. You can seek compensation for all medical treatment necessary for your recovery. Medical costs you can recover include hospital bills, surgeries, doctor bills, diagnostic tests, medications, rehabilitation, and mental health counseling.
• Lost wages. If your injuries caused you to take time off work, you may be entitled to compensation for the wages you lost while you were recovering. This can include weekly pay, lost vacation and sick time, bonuses, and benefits. If you must make a career change with a pay cut or you become permanently disabled, you may be able to recover for your lost earning capacity.
• Pain and suffering. Truck accidents often result in physical and emotional pain, mental distress, and a reduced quality of life. Your claim should compensate you for these non-economic damages.
• Property damages. If your automobile or other personal property was damaged in the accident, you can seek reimbursement for the repairs or replacement costs. Property can include a cellphone, laptop, child safety seat, and a pet that may have been injured or killed in the accident. Clothing, jewelry, and sunglasses should also be considered in the personal injury claim.

Factors That Affect the Value of a Fairfax Truck Crash Claim

Several factors can make a truck accident case stronger or weaker and can impact the value of a truck accident claim. Here are common factors that may affect how much you can recover in your settlement.

Liability

Establishing fault for the crash is a critical component in any personal injury claim. However, it’s especially true in Virginia. If you have solid evidence that the truck driver and trucking company’s negligence caused the crash, your claim’s value will be higher, and you may obtain a larger settlement from their insurance company.

However, if you share some degree of fault, even if it’s only one percent blame for the crash, you will be unable to recover compensation because Virginia follows a contributory negligence law. This rule says that you must not have contributed to the accident in any way to recover for your damages.

Severity of Your Injuries

The extent and seriousness of your injuries are significant factors in determining the value of your claim. If you suffered severe injuries that require extensive, long-term medical treatments or result in your permanent disability, this would significantly increase how much your case is worth.

Disputes With the Insurance Company

Insurance companies often attempt to minimize payouts by disputing liability, downplaying injuries, or undervaluing claims. A knowledgeable personal injury lawyer will have strategies to combat these unfair tactics and help ensure you receive the compensation you deserve.

It’s important that you don’t give the insurance company ammunition to dispute, deny, or delay your claim. Avoid making mistakes such as providing a recorded statement, signing a medical release giving access to all your medical records, or making damaging statements about the collision on social media sites.

Insurance Coverage

How much insurance coverage there is to compensate you can directly impact how much your claim is worth. If the at-fault parties have limited insurance coverage, it may affect the maximum amount you can recover.

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. 

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.

Related links: Study: Driver Error the Most Common Cause of Semi-Truck Accidents Truck Accident Wrongful Death Claims Truck Crashes Are a Serious Risk on Local Roads

 

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

If 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.

Related Links: Truck Crashes Are a Serious Safety Risk Causes of Truck Crashes

 

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 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.

Related links: Compensation May Be Necessary After a Truck Accident Truck Companies Are Prepared for Accidents. You Should Be Too