Do Trucking Companies Hire Their Own Lawyers Quickly In Virginia?
Key Highlights:
- Most of the time, the answer to the question “Do trucking companies hire their own lawyers quickly in Virginia?” is yes. And they usually utilize investigators and defense lawyers within the first hour after a collision.
- Virginia’s contributory negligence standard prevents you from recovering any damages if you are determined to be even one percent at fault for an accident/misconduct.
- There is critical digital evidence that can be lost for good or deleted if it isn’t legally preserved quickly, such as black box data, electronic logs of the driver, and dash cam footage.
- Delay puts the injured party at a huge disadvantage, and the only way to preserve the evidence that is critical to a case and even things out is to hire an attorney promptly.
Most of the victims from truck accidents will still be at the scene of the accident scared, hurt, and trying to comprehend what just happened to them; whereas the opposing side is already developing a legal defense against them. The tough reality, and one that every injured victim in Virginia needs to know, do trucking companies hire their own lawyers quickly in Virginia? Usually within the first hour after a crash is reported to law enforcement.
Large commercial truck carriers have existing relationships with specialized insurance defense lawyers trucking companies; these lawyers are on call at all times. When there is a serious truck accident, the trucking companies have the lawyers ready to represent them and they do not have to hire an attorney after the wreck occurs. They already have the legal representation embedded into the risk management of the trucking company and are ready to act immediately. Knowing how this process works with the help of Tatum & Atkinson Law Firm is the first step in protecting your own rights.
If you or your loved ones have been in a truck accident, call us today at (800) 529-0804 for free consultation with our experienced attorneys.
Why Trucking Companies Act So Fast After a Crash
The trucking company response after accident is not an accident, rather, it is a strategy of the trucking company.
Truck companies have significant potential to be liable for damages when trucks cause serious accidents. Therefore, the first few hours following a truck accident is the most important time for documenting evidence.
Here’s what will happen quickly and quietly following a truck accident:
- Immediate Dispatch: A trucking company defense attorney Virginia is notified immediately after an accident and sends accident reconstructionists to the site of the accident.
- Driver Control: The lawyer will tell the driver not to make an independent statement to anybody.
- Evidence Preservation: Perform a forensic examination of the truck before the evidence on site is altered.
“The trucking company and its lawyers are not interested in finding out the facts; they are interested in finding enough evidence to defend the trucking company.” – Robert Tatum
As a result of this quick corporate response, injury victims who take days or weeks to retain an attorney are at a significant disadvantage.
Do Trucking Companies Hire Their Own Lawyers Quickly in Virginia?
Still wondering, do trucking companies hire their own lawyers quickly in Virginia? The answer is yes, and their commercial truck accident legal defense will be assembled even before the debris has been cleared from the site of the accident because most large trucking fleets have “rapid response” protocols that are triggered automatically in the event of a serious accident being reported to the dispatch or risk management department.
Most of these protocols will also include assembling a coordination of defense attorneys, private investigators, accident reconstructionists and in some cases, a public relations representative as part of the team. And the team typically arrives on site within a matter of hours. This means that by the time a victim has been released from the hospital and is starting to consider their legal options, the defendant’s defense team has already photographed the scene, obtained records from the vehicle’s onboard data recorder, and begun conducting witness interviews.
What Evidence the Defense Secures First
The defense truck accident investigation legal team follows a detailed and deliberate plan of attack during their case evaluation, as do the defense trial teams. Evidence preservation trucking accident case begins by obtaining the data that most clearly supports or contradicts the trucking company lawyers Virginia accident claim regarding fault or liability:
- Black box (ECM) data: It includes records of the vehicle’s speed, braking and throttle during the last moments preceding the collision. Once the truck is driven, it may overwrite the last data.
- Driver hours-of-service logs: An electronic logging device will show if the truck driver has exceeded the maximum permissible hours of service as per federal law often this is a contributing factor to serious accidents.
- Dashcam footage: Forward-facing cameras might also capture video of impact and will be destroyed unless preserved through a litigation hold
- Post-accident drug and alcohol results: It is required by FMCSA regulations under certain conditions, and reviewed by defense counsel as soon as possible.
- Maintenance and inspection records: Brake failures or tire failures often cause truck accidents. Records of previous brake or tire defects are important to determine if the trucking company knew about these defects but did not repair them.
Defense attorneys will provide these litigation holds for all such data as soon as possible. If you do not have your own lawyer providing similar litigation holds, the critical evidence may become lost or misrepresented before you have an opportunity to see or investigate the evidence.
How the Corporate Legal Response Shapes Your Claim
Corporate legal response truck crash generally follows a competitive approach from the very beginning. On behalf of their respective clients, both the Insurance defense lawyers for trucking companies and the trucking company’s attorney work together towards a common goal: to reduce or eliminate the payout from the victims of the accident.
Given Virginia’s contributory negligence standard, this coupled approach is even more detrimental to the victims of trucking accidents in Virginia.
The 1% Fault Rule in Virginia
Virginia Law bars all recovery if a defendant can successfully show that a victim is 1% or more at fault for the accident.
- The Strategy: The defense teams’ strategy is to compile evidence demonstrating that the victim(s) were partially responsible for the accident.
- The Timing: The defense teams will construct these arguments well before the victim(s) have contacted an attorney. Therefore, they will be prepared and ready to go when the victim ultimately contacts an attorney.
Due to the high stakes associated with pursuing accident claims against trucking companies Virginia it is essential that victims pursue their claims promptly and aggressively.
How Early Defense Activity Can Hurt Your Case
In Virginia, early legal action by the trucking company defense attorney in Virginia not only collects the evidence but also frames it. A witness’s statement taken by your attorney before any other interviews have been conducted may dictate what version of events can be presented based on how the questions were asked and/or who heard the questions get asked. Scene photos developed solely by the defense will show what the defense wants documented at that scene.
This is the entire trucking company liability defense strategy that ultimately will be presented at trial or in settlement discussions. If your lawyer cannot be present to challenge, rebut, or create an independent record of the evidence, you will be left figuring out an insurance claim that almost universally points toward denial of liability on your part.
Steps Virginia Victims Should Take Immediately
If you have been injured in a Virginia trucking accident, be aware that waiting to start your Virginia truck accident claim process is not in your favor. You can take these immediate steps to level the playing field for yourself:
- Seek medical attention immediately and keep a detailed record of all diagnoses, treatments, and symptoms. Insurance defense teams regularly rely on gaps in care to try to demonstrate that stated injuries were less serious than claimed.
- Do not give recorded statements to a trucking company’s insurance company or adjuster without first discussing it with your attorney. They are intended to minimize the value of your claim.
- Document the scene of the accident by taking photographs of vehicle locations, road conditions, and tire tracks; all of these items may be important evidence.
- Contact a Virginia truck accident attorney within 24 to 48 hours so your legal team can issue independent preservation requests before evidence is lost due to the passage of time.
Why Early Legal Representation Is the Only Effective Counterweight
Once you retain an experienced attorney, the nature of your case changes. The legal team will create a factual record of your case from your perspective so that the carrier’s immediate and aggressive defense strategies are neutralized.
Changing the Case Dynamic
Your attorney has the authority to issue formal litigation holds; engage independent accident reconstructionists; and subpoena records directly i.e. regardless of the carrier’s position. This helps you build a factual record of your case from your perspective and not the carrier’s point of view.
The True Evidence Clock
The two-year statute of limitations (the deadline for filing a claim) creates a false sense of security in Virginia. The only deadline that matters is the last time we can rely on key evidence still existing.
Aggressive Legal Advocacy
Our experienced and professional attorneys at Tatum & Atkinson Law Firm have been battling trucking company defense attorneys in Virginia for years. We are familiar with their tactics, and we can meet their pace and level of resources.
Risk-Free Representation
We only collect fees if we win your case (contingency fee basis) so you risk nothing in hiring us! Call (800) 529-0804 for a free consultation and an experienced legal representative to help you pursue your claim.
Act Before the Window Closes
Virginia truck accident victims who make the assumption, “I have time to think this over,” are making the biggest mistake they could ever make after being involved in an accident. Do trucking companies hire their own lawyers quickly in Virginia? They absolutely do! And every minute you go without your own attorney means one more minute for the other side to build their case against you.
At the Tatum & Atkinson Law Firm, we will respond to you with the same urgency and dedication as the trucking company defense attorneys in Virginia will provide to protect their clients’ interests. And the best part is there is no charge until we win!
Contact us today at (800) 529-0804 for your free consultation and we will begin protecting your rights now.
Frequently Asked Questions!
How quickly do trucking companies usually start their investigation after a crash?
Typically, all major carriers initiate their responses within 1-2 hours from the time of being alerted to a major accident. And rapid response teams (attorneys, investigators, and reconstructionists) can be at the accident scene the same day.
Can trucking companies send representatives directly to the accident scene?
Carriers and their insurers regularly send investigators, adjusters, and sometimes attorneys to the crash site. They are entitled to do so legally. Also, they will be gathering evidence supporting their defense from the outset.
What kind of evidence do trucking company lawyers try to secure first?
Black box data, driver’s logs, dashcam footage, post-accident drug tests, and maintenance records are the primary focus for defense lawyers, and often the first pieces of time-sensitive evidence are most important in determining the fault in an accident case.
Does early legal action by a trucking company affect my injury claim?
Yes! The trucking company will influence the collection and presentation of evidence. If you do not have a lawyer putting forth independent requests to preserve evidence, you risk having key evidence lost or altered in a way that might undermine your claim.
Should I contact a lawyer even if the trucking company already has one?
Of course, the attorney for the carrier is employed by the carrier. Hiring an attorney will put the two sides on a more equal footing, and from the date you hire an attorney, will ensure your rights and evidence are better protected.
