How Do You Choose A Truck Accident Attorney In Virginia?
Key Highlights:
- Want to know how do you choose a truck accident attorney in Virginia? The legal treatment of truck accident cases differs from that of normal auto accident cases, primarily due to the fact that truck accidents fall under a myriad of complicated federal laws and regulations.
- Timely legal help is critical to preserving evidence before the trucking company can eliminate it.
- You should seek to hire an attorney who has experience working with commercial vehicles, not simply with injuries in general.
- To win a case, you will need both accident reconstruction and industry experts.
- Insurers provide different levels of compensation depending on how prepared the attorney is for trial, even if the case is settled before trial.
- In Virginia, the 1% fault rule and two-year statute of limitations require fast action when initiating the truck accident claim.
Compared with traditional injury claims, selecting the appropriate attorney is imperative in a truck accident case. Accidents that occur between a semi-trailer and another vehicle usually involve complicated federal guidelines, aggressive corporate defense counsel, and severe injuries, where huge financial losses occur. Not all personal injury lawyers are qualified to represent clients injured in an accident involving a large commercial truck.
If you have asked yourself, “How do you choose a truck accident attorney in Virginia?” the law firm you select must have both the requisite knowledge of the trucking industry and a successful history of representing clients at trial, and adequate resources to mount a successful claim against the trucking companies. In this blog, experienced truck accident attorneys at Tatum & Atkinson Law Firm will expand on what questions to pose to potential attorneys, as well as recognize the many signs of legal trouble that can save your future.
Protect your future by contacting our experienced Virginia truck accident attorneys today for a free consultation at (800) 529-0804.
Why a Truck Case Is Not Just a Bigger Car Case
The distinctions between an ordinary car accident claim and a truck accident claim will dictate who you hire as your attorney.
Federal Rules Are in Play
Trucking companies and drivers are required by the FMCSA rules to comply with drug and alcohol testing, hours of operation, driver qualification files, and vehicle repair and maintenance. A violation of these rules can be devastating evidence if your attorney is aware of how to locate violations.
More Parties, More Insurance
A truck accident can involve the driver, the trucking company, the broker, the leasing company, and the maintenance vendor. Each of these parties has its own attorney and its own liability insurance. In addition, trucks have commercial liability insurance, which is vastly larger than automobile insurance. For freight transportation companies, commercial liability insurance covers a minimum of $750,000; therefore, the insurance coverage limits will be much larger than for car accidents.
The Stakes Are Higher
Due to the size and weight of trucks, truck accidents tend to cause catastrophic injuries and fatalities. Accurately valuing a lifetime of medical costs and loss of earning capacity requires experience that no attorney who only handles minor rear-end automobile accidents has.
Experience That Actually Fits Truck Litigation
Legal issues involved in commercial truck accident cases have specific aspects to them. Having legal representation from an attorney familiar with all of these can truly help you out in your claim.
A Commercial-Vehicle Track Record
To determine if an attorney has dealt with not only car accidents, but tractor-trailer and other commercial-vehicle cases as well, ask them directly. Their experience will be the best indicator of their ability to handle your truck accident case, and it can provide insight into how they may approach your situation.
Knowledge of FMCSA and Carrier Practices
The ability to read a truck driver’s logbook, driver qualification file, and federal Drug and Alcohol Clearinghouse allows the attorney to identify numerous violations by a trucking company regarding its hiring and training practices or rest period policies.
A Genuine Focus on This Work
An attorney who is involved with organizations such as the Academy of Truck Accident Attorneys shows that this is something they want to continue doing for many years to come, and not just one time. Our firm has a member of this academy.
How Do You Choose A Truck Accident Attorney In Virginia
As you decide on a law office for your commercial vehicle traffic collision case, verify that the law office has the necessary expertise, resources, and urgency to protect your entitlements.
Reconstruction and Industry Experts
The strongest cases against trucks are handled by attorneys with accident reconstruction experts, trucking safety professionals, and experts in economics, vocational rehabilitation, and medical care related to injury. Ask about the credentials of the firm you are considering for hiring.
The Ability to Advance Costs
A truck case is very expensive to bring to trial. A law firm that has the resources will advance funds for experts and the costs associated with the investigation of the case, rather than requesting injured clients to pay these costs as they are incurred.
Speed on Evidence Preservation
The most important thing for a commercial vehicle accident lawyer Virginia to do quickly is to preserve evidence. Data from the onboard computer, black box, dashcam video, hours of service logs, and billing records will be erased from the truck’s computer or will be lawfully destroyed in a matter of weeks after the accident. The preservation or spoliation letter tells the trucking company to keep all of the evidence, and that there will be consequences if they do not.
Trial Readiness vs. a Settlement-Only Practice
It doesn’t matter if your case goes to trial or not; whether or not your attorney can try your case makes a significant difference.
Why Insurers Watch for It
Insurance companies and their adjusters will keep track of which legal firms take cases to trial. They will typically offer higher settlement amounts, knowing that the lawyer on the other side is both able and willing to take the case to trial.
Questions That Reveal It
Ask the attorney whether they have taken any cases to trial recently and whether they refer any of their toughest cases to another attorney. If the attorney’s practice focuses primarily on settling cases quickly, they may not pursue the maximum value for your case.
How to Vet a Virginia Truck Accident Attorney
Legal and investigatory problems arise out of a truck accident claim. You need to hire an attorney who is well versed in this field of law.
Questions to Ask at the Consultation
Your consultation is the perfect time for you to assess if it is a good fit. Common truck accident lawyer questions to ask are:
- Who will manage my case on a day-to-day basis?
- Have you had previous experience with truck cases?
- What types of expert witnesses will you hire?
- How do you plan on maintaining any electronic data from the truck?
- How often should I expect to hear from you?
Red Flags to Watch For
Things to watch out for:
- Pressure to sign documents immediately
- Vague answers regarding the attorney’s experience with commercial vehicles
- No clear plan for how the evidence will be kept
- Difficulty reaching your attorney
- Promise of a guaranteed outcome from any attorney because no honest attorney can promise you anything.
Check Credentials and Reviews
Do the following:
- Check the attorney’s standing and disciplinary record using the Virginia State Bar
- Seek third-party reviews rather than only relying on the attorney’s website
Common Mistakes People Make
Common mistakes include:
- People tend to hire the first billboard, ad, or attorney they run across
- Choosing a truck accident lawyer based only on the percentage of fees that one will have to pay
- Selecting a general practitioner who doesn’t specialize in truck cases
- Waiting too long to speak with an attorney.
Choosing a Firm: Fees, Communication, and Virginia Deadlines
More than simply legal expertise is what your lawyer should provide. Knowledge of how the law firm charges, communicates, and meets crucial deadlines can assist you in making a sound judgment with confidence.
Understanding Contingency Fees
Best truck accident lawyer Virginia works on a contingency fee basis, meaning that if the lawyer doesn’t recover for you, they will not charge you a fee. Find out how much of a percentage the lawyer charges you, as well as how your case-related costs will be handled. Virginia does not have a cap on contingency fee percentages for personal injury cases; therefore, you should carefully read the agreement before signing.
Communication and Client Service
You want to hire a law firm that will return phone calls to you, explain things in simple terms, and keep the lawyer handling your case involved rather than just some of their support staff. It becomes much easier for you if you have good communication with your lawyer when you have a long process to deal with, like a truck claim.
Don’t Let the Deadline Choose for You
Most injury-related cases can be filed in Virginia for two years, as outlined in Virginia Code § 8.01-243. Unfortunately, this is a much shorter time frame than many of the surrounding states. When combined with Virginia’s extreme 1% fault law, the longer you delay taking action against the trucking company, the more difficult it will be to prove your case, as evidence will become weaker. If you make your decision early, you will have a better chance of achieving a more favorable outcome. At our firm, we are the Heavy Hitters, and we quickly get going after we accept a case.
Hurt in a Truck Crash in Virginia? Talk With Tatum & Atkinson
Following a truck accident, you are facing life-changing injuries, while the truck company’s insurance attorney will begin working immediately to limit your FMCSA truck accident claim. Tatum & Atkinson have been protecting injured individuals since 2006.
When you are looking into how do you choose a truck accident attorney in Virginia, you want a team that will take action quickly. We are members of the Academy of Truck Accident Attorneys and will quickly act to secure the important evidence before it is lost to the truck company.
It is important to note that we handle our truck accident cases on a contingency basis, and you will not owe us anything unless your case produces funds; however, due to Virginia’s strict two-year statute of limitations on personal injury claims, you must act quickly to protect your rights.
Protect your claim before evidence vanishes. Call Tatum & Atkinson at (800) 529-0804 today for a free consultation.
Frequently Asked Questions!
Do I really need a truck accident lawyer, or will any injury attorney do?
Truck accident cases are governed by federal law, with evidence often disappearing quickly. Therefore, you require an attorney who specializes in truck-related cases and has experience securing evidence in a timely manner from the trucking company’s records.
What does it cost to hire a truck accident attorney in Virginia?
Our firm handles these cases on a contingency basis, which means if your case does not yield any recovery, no fee will be paid. The law firm also pays for the expert witnesses and all investigative work.
What if the trucking company says I was partly to blame?
You can be barred from receiving any compensation if you are even 1% at fault. However, if you have an experienced attorney familiar with federal procedures, they may be able to identify and prove that the fault lies with the other liable party and not you.
Will my truck accident case go to trial?
Many trucking cases settle, but the main reason you will get a reasonable offer is that your lawyer is ready to go to trial. This is why it is important to list “trial-ready” on your list of things to look for when making your decision.
How quickly should I hire a lawyer after a truck crash?
Evidence you will rely on will disappear fairly rapidly, especially the truck’s data, logs, and video evidence; and Virginia has a shorter, two-year statute of limitations than some of its close neighbor states. Taking early action preserves both your evidence and your claim.
