What Are The Five Steps To Take After A Truck Wreck In Virginia?
Key Highlights:
- What are the five steps to take after a truck wreck in Virginia? Calling 911, taking photographs of the accident scene, seeing a doctor for injuries the same day you were injured in a truck crash, preserving evidence in relation to damage to your truck and other vehicles involved in a truck accident, and consulting with an attorney about your truck accident before you talk to insurance adjusters.
- Virginia has a strict contributory negligence rule; if you are found to be even 1% responsible for the accident, you are barred from recovering any damages in the crash.
- Evidence needed after a truck accident that would prove critical to your case, including black box data, driver’s logs, etc., will be held by the truck company and will likely be destroyed if you do not send a timely legal hold letter to the trucking company.
- You have only 2 years from the date of the accident to file a lawsuit, according to Virginia Code § 8.01-243, or lose your right to recover.
Millions of commercial trucks (80,000 pounds each) travel on Virginia’s highways, I-81, I-95, and I-64 each year. When these trucks are in an accident, the result is often catastrophic!
If you have been injured in a truck accident in Virginia, how you react in the hours and days following the accident will impact how strong your Virginia truck accident claim is. That’s why it’s beneficial to know what are the five steps to take after a truck wreck in Virginia.
At Tatum & Atkinson Law Firm, our experienced truck accident lawyers in Virginia have been assisting accident victims through this process for years. So now let us tell you exactly what you should do to protect your case.
For a free case evaluation, call our semi truck accident attorney Virginia, at (800) 529-0804
What Are The Five Steps To Take After a Truck Wreck in Virginia
Your actions during the hours and days following a commercial vehicle accident can affect your ability to receive compensation for your injury. Follow these five steps to take after a truck accident to help protect your medical recovery from your injury and ensure your legal rights are protected under Virginia Law.
Step 1: Call 911 and Secure the Scene
If you’re able to, you should move to a safe location, but don’t move anyone who has a suspected spinal injury and call 911 right away. Under Virginia Code Section § 46.2-894, all the drivers involved in an accident with injury must stop and provide assistance and exchange information; leaving the scene is considered a felony.
The police report prepared by the responding officer documents the observations of fault, citations, and witness accounts. This becomes the basis of definitive evidence after a truck wreck in Virginia, so make sure that law enforcement responds to your accident, even if it looks like the damage is minor.
Step 2: Document the Scene Thoroughly
The trucking company dispatches investigators and lawyers to the crash site within hours of the accident. Use your mobile device as soon as possible after an accident to capture pictures of vehicle damage, the truck’s DOT number, cargo, skid marks, road conditions, and any visible injuries on your body. Be sure to gather witness contact information and document company names that are on the truck’s cab.
The documentation you collect will help to identify who is liable in a truck accident in Virginia, including, but not limited to, the driver of the truck, the trucking company, the loader of the cargo, and the maintenance contractor.
Step 3: Seek Medical Care the Same Day
Seek medical attention at an ER or urgent care facility right away, even if you have no visible injuries. Adrenaline can hide pain from injuries, and injuries such as internal bleeding or traumatic brain injuries might take hours or days to show up. More importantly, if you do not get a medical record of your injuries on the day of the accident, insurance companies will deny or reduce your truck crash injury compensation Virginia based on gaps in treatment.
“As a lawyer, my advice to you is if you’re ever in an accident, after getting initial treatment, always follow your prescribed treatments, attend all follow-ups, and keep track of how your injury affects your daily and work life. This will tremendously help with your claim.” – Robert Tatum, Founding Attorney
Step 4: Preserve Evidence and Avoid Costly Mistakes
Usually, after a crash, the most damaging mistakes occur without victims even realizing it. Here are four tips to help keep you safe after being in an accident:
- Don’t post anything on social media: The defense will be watching your social media accounts closely for anything you have posted that might undermine your case.
- Don’t give a recorded statement: Before giving a recorded statement to any insurer, including your own, make sure you speak with an attorney. You do not want to give recorded statements to others that undercut your claim.
- Preserve your vehicle: Make sure that the trucking company’s insurance company does not inspect or move your vehicle before you have your attorney arrange for an independent inspection of your vehicle.
- Request to preserve the black box data: Your attorney may need to send a “spoliation letter” preventing the black box from being overwritten or destroyed. This will also help you get the critical data from the truck’s black box, including speed, braking, and engine performance at the time of the crash.
Step 5: Contact a Virginia Truck Accident Lawyer Before Talking to Any Insurer
The trucking industry has multi-million-dollar commercial liability insurance, and from the start, these companies have professional claims handlers and lawyers working against you. So you need to know what to do after a truck wreck in Virginia and hire legal help.
We at Tatum & Atkinson Law Firm help equalize this by working on a contingency fee basis. You won’t pay anything unless we win your case! Call the team at (800) 529-0804 for a free consultation. You can begin to protect your rights today.
Common Causes of Truck Wrecks in Virginia
When multiple errors occur at once, it often means multiple parties can be held liable, ultimately creating a much stronger overall injury claim for you.
There are a handful of contributors to many Virginia semi truck accidents. These include:
- Driver Fatigue: Driver fatigue is a result of delivery deadlines that push truck drivers to break federal Hours of Service (HOS) laws.
- Distracted or Aggressive Driving: Any distractions like texting while driving, operating a GPS navigation system, or speeding to make up lost time on busy roads, including I-81 and I-95, can lead to accidents.
- Mechanical or Equipment Failure: Failure to maintain the functioning of the truck, leading to catastrophic outcomes such as loss of brakes and tire blowouts.
- Improperly Loaded Cargo: Results in shifting cargo, which can lead to jackknifed or tipped-over trailers.
- Adverse Weather: Poor judgment on the part of the driver or failure of the driver to adjust speed appropriately based on rain, ice, snow, or severe fog conditions can lead to truck accidents.
Who Pays for Injuries After a Semi Truck Accident in Virginia?
There are many individuals and companies who could be held liable in a semi truck accident in Virginia.
- Driver: The driver of the truck may be held liable for any negligent actions taken while driving the truck.
- Trucking Company: The trucking company could also be held vicariously liable for negligent acts committed by the driver, as well as directly liable if it failed to properly hire, train, supervise, and maintain equipment.
- Cargo Loading Company: If cargo was improperly loaded and not securely tied down by a third party, and it contributes to an accident involving a semi truck, that party could be liable for causing such an accident.
- Parts Manufacturer: If there was a mechanical problem with the truck (i.e., faulty brakes or tires) that caused or contributed to the crash, then the parts manufacturer may have liability as well.
An experienced Virginia semi truck accident lawyer will examine every aspect of the case to ensure that all responsible parties are held accountable and that you receive the full amount of your damages.
What Not to Tell Your Virginia Insurance Company
Your insurer may call you soon after the accident with sympathy. You should be cautious when talking with your insurer and avoid saying the following:
- “I feel fine at this time.” You do not have a complete understanding of how severe your injuries are at this moment, so making that statement is not appropriate.
- “It could have been partially my fault.” Do not speculate or state anything that requires an investigation before one is performed.
- Anything about previous injury. Any old injuries that you have, your insurer will attempt to reduce payment on your case by relating these to your current injuries.
Finally, state only the basic information, such as the date, time, and location of the accident, and tell the adjuster that your attorney will follow up.
The Three Mistakes That Most Often Cause Claim Denials
Insurance companies have numerous ways to deny your claim as an injured party; however, by avoiding these three frequent mistakes, you can help safeguard your injury case from going wrong.
Delayed Medical Treatment
Failing to seek immediate services after an accident could affect your claim’s credibility. The time between your collision and first seeking medical attention may give the insurers an argument that you had sustained no serious injuries or that the injuries were not caused by the accident.
Giving a Recorded Statement Without an Attorney
Adjusters have extensive training on how to conduct interviews. A single poorly worded answer, or an honest and truthful answer, can potentially cause permanent damage to your claim.
Accepting an Early Settlement Offer
Low settlement offers are designed to close out your claim prior to you realizing the full impact of your injury. Once you have accepted an offer, you will not be able to get back any further compensation from the insurers even if you suffered from long-term damages.
What Evidence Is Critical After a Truck Wreck in Virginia?
The best commercial truck accident lawsuits are based on the following sources of evidence:
- ECM/black box data
- Driver HOS logs and ELD data
- Truck maintenance and inspection records
- Cargo manifest
- Surveillance and dash camera footage
- Post-accident toxicology (required by federal law for severe accidents)
- Reconstruction of the accident by an expert witness
- Your entire medical file and billing statements
Additionally, conducting a thorough investigation into the accident answers the five fundamental questions that will determine how your Virginia truck accident claim will be resolved:
- What caused the accident?
- Did the driver comply with Hours of Service regulations?
- Did the truck receive proper upkeep?
- Did the trucking company exercise reasonable care in employing and supervising its driver?
- Who had legal control of the truck at the time it crashed into you?
Most of this evidence is stored with the truck company and could be lost or otherwise disposed of if legal action is not taken as soon as possible. If you’re involved in a truck accident in Virginia, working promptly with a truck accident lawyer Virginia is imperative; this is not an option; it’s a necessity.
How Truck Accident Claims Work in Virginia
The truck accident settlement process Virginia starts with gathering evidence and investigating the accident. The next step is sending a demand letter to the insurance company that clearly establishes their duty to pay for your losses and why you’ve incurred them. After you’ve made your demand, depending on the results of the investigation or other factors, your case may enter into negotiation. While many truck accident claims settle at this point, some will proceed to litigation in the Virginia circuit court.
It is very important to note that Virginia uses a contributory negligence standard, which is one of the toughest standards in the USA. If the jury finds you to be even 1% liable for the accident, you cannot recover anything. Therefore, having an experienced 18 wheeler accident lawyer Virginia representing you from the beginning of your claim process is critical to ensuring that you receive the compensation you deserve.
Contact Tatum & Atkinson, Experienced Virginia Truck Accident Lawyers
A truck accident drastically alters your life. You are faced with mounting medical expenses and an inability to work, and the lawyers for the trucking company are already preparing to defend against your claim. That’s why knowing “what are the five steps to take after a truck wreck in Virginia” is so important.
At Tatum & Atkinson Law Firm, we represent Virginians who have been injured by trucks throughout Virginia on a contingency fee basis, which means you do not pay us unless we win your case. Our dedicated team of attorneys is ready to fight for you to receive every dollar you deserve.
To contact our office, call 800-529-0804 now to schedule a free consultation. There is no obligation or cost for this consultation; simply experience legal help when you need it most.
Frequently Asked Questions!
Which insurance company denies the most claims in Virginia?
Denial rates vary, but some major insurers, such as State Farm or GEICO, have been slapped with complaints about their aggressive tactics. Talk to a qualified truck accident lawyer about working with these major players before communicating with them about your accident.
When should I call a truck accident lawyer?
Critical evidence can begin disappearing within 24 hours after an accident, and trucking companies move quickly to deploy their attorneys to establish liability. By involving an attorney immediately after the accident, the value of your claim will increase significantly.
How do I file a truck accident claim in Virginia?
Notify your insurance company as soon as possible after the accident, gather enough information to find out who is liable for the accident, and then either file a demand in court or file suit if you have not received a settlement amount.
Can I sue a trucking company in Virginia?
Correct. In Virginia, there are direct claims related to negligent hiring, training, supervision, and maintenance. Vicarious liability for driver negligence also exists in Virginia law. There could be multiple parties liable (defendants), including the carrier, driver, loader, or manufacturer.
How long do I have to file a truck accident lawsuit in Virginia?
The time limit for filing a lawsuit in Virginia is two years from the date of the accident. If you fail to meet that deadline, your claim will be barred indefinitely, even if you present strong evidence against the party.
Disclaimer: This material is provided solely for general information and is not a substitute for legal advice. Contact Tatum & Atkinson at 800-529-0804 for specific information related to your case.
