What Are The Most Common Reasons For A Trucking Accident in Virginia
Key Highlights
- What are the most common reasons for a trucking accident in Virginia? Trucking accidents in Virginia can occur due to various factors, the most common of which are human factors such as driver distraction, fatigue, and speeding, as well as brake failures, improperly loaded cargo, and bad weather.
- Accountability for a trucking accident is not limited only to the truck driver; trucking companies, cargo loaders, and maintenance facilities may also be liable for the crash.
- Virginia’s contributory negligence laws state that if you are even partially responsible for causing an accident, you will be unable to recover any damages.
- Victims of trucking accidents have a very limited time to recover damages; Virginia’s statute of limitations normally allows two years following the date of the accident to file suit.
Each year, families are left shattered by truck accidents in Virginia. Their breadwinners are often unable to work, and they must navigate through a legal system they never thought they would encounter. Truck accidents are not minor fender benders, and when an 80,000-pound tractor-trailer collides with a passenger car, the outcome is usually devastating. Knowing what are the most common reasons for a trucking accident in Virginia can help you understand your rights and who is responsible for the accident.
At Tatum & Atkinson Law Firm, we have years of experience helping victims of serious injuries throughout Virginia. If you have suffered a semi-truck crash in Virginia or know someone who has been injured, call us now. Our firm works on a contingency basis, which means that if we do not win your case, you owe us nothing.
Get in touch with us at (800) 529-0804 for a free consultation with no obligation to hire us to help you.
The Scale of the Problem: Crashes, Fatalities, and Human Error
It is important to see the big picture before discussing truck accident causes Virginia.
The Role of Human Error
Human error is one of the top causes of truck accidents Virginia and all over the United States. Studies have shown that more than 90% of all traffic accidents are caused by the driver’s error, such as the following:
- Distraction
- Impairment
- Fatigue
- Poor decision-making
Commercial drivers also make these kinds of mistakes, but the consequences of those mistakes are much more severe when the vehicle in question weighs 80,000 pounds.
Traffic Fatalities: A National Crisis
Unintentional injuries are the leading cause of accidental death. Currently, heart disease continues to be the leading cause of death in the United States. The following lists the five main causes of accidental deaths:
- Poisoning (primarily drug overdoses)
- Falls
- Motor vehicle crashes
- Suffocation and choking
- Drowning
Among these, injury-related death due to motor vehicle collisions ranks devastatingly high. Large tractor trailer accident causes Virginia a lot of fatal passenger automobile crashes.
The View from Virginia
In Virginia, traffic accidents represent a major day-to-day risk of death, especially in areas where there are many trucks on busy streets like I-81, I-95, and I-64.
The five most common kinds of crashes in Virginia are listed below:
- Distracted driving
- Speeding
- Failure to yield
- Impaired driving
- Following too closely
All of these factors are frequent contributors to semi truck crash causes Virginia and are exacerbated by the pressure trucks face from their scheduling.
What Are The Most Common Reasons For A Trucking Accident in Virginia
Truck accidents occur for many reasons, but certain causes stand out. Knowing these common factors in Virginia helps drivers spot risks on the road and sort out liability afterward. Main culprits are driver fatigue, drunk driving, and mechanical failure. So, staying alert and aware is crucial when you’re out there.
1. Distracted Driving
Distracted truck driver Virginia accidents are one of the most common types of accidents and are the easiest to prevent. There are federal regulations in place that prohibit truck drivers from texting while operating a motor vehicle, but there are very few enforcement procedures in place for that specific law. If a truck driver is only looking at a phone for four seconds at 65 miles per hour, he/she will travel approximately 300 feet or the length of a football field. There are many other distractions that truck drivers can have, such as using a GPS unit, eating, or talking on a CB radio.
2. Driver Fatigue
Fatigued truck driver Virginia crash due to the industry culture and non-stop delivery schedules is an ongoing concern. The Federal Motor Carrier Safety Administration (FMCSA) has created regulations concerning Hours of Service that limit the number of hours a driver is allowed to work without a break to prevent FMCSA violations Virginia accidents. However, false logs and pressure from fleets lead to violations of the FMCSA rules. The reaction time and judgment of an exhausted motor carrier may be similar to an intoxicated driver; therefore, Hour of Service violations are often a major contributor to truck accidents and are a serious basis of legal liability.
3. Speeding
The percentage of fatal speeding truck accidents Virginia is high. The stopping distance of a fully loaded semi-truck (weighing 80,000 pounds) traveling at 65 mph is approximately 525 feet, nearly twice that of a passenger vehicle. All truck drivers run a great risk of being involved in an accident when they drive too fast for road/traffic conditions or go over the posted speed limit; this is especially true of young commercial drivers (aged 21 to 24) and those who feel pressured by dispatchers or have tight delivery schedules to make up time by driving faster than they should.
4. Impaired Driving
There are criminal and civil penalties associated with drunk driving truck accident Virginia, and yet these accidents keep happening. In addition to being impaired by alcoholic beverages, you may also be impaired by prescription drugs, over-the-counter medications, and even illegal drugs. The FMCSA sets a limit of 0.04% blood alcohol for commercial drivers, which is half of the standard legal limit of 0.08% blood alcohol. This shows how seriously the federal government takes impairment when operating a larger vehicle.
5. Brake Failure and Mechanical Defects
In most cases of brake failure truck accident Virginia, the cause is deferred maintenance, neglected pre-trip inspections, or broken parts. Federal regulations require companies to keep accurate inspection and maintenance records; failure to do so will expose them to potential legal responsibility if an accident results from such negligence. If an accident occurs due to defective manufacturing processes, attorneys with experience litigating defective manufacturing cases may be able to establish liability against the manufacturer in addition to the trucking company.
6. Improper Loading
Improper truck loading accidents Virginia are a lesser-known but significant cause of truck crashes in Virginia. An unbalanced or overweight trailer can shift during transport, making the operator of the vehicle lose control, causing a jackknife or an overturn. The FMCSA regulations govern the securement of cargo on trucks, and the responsibility for improperly loading cargo can be on the shipper, loader, or the trucking company.
7. Weather-Related Factors
Ice storms, heavy rain, and dense fog cause weather related truck accidents Virginia. When weather conditions are poor, commercial truck drivers must increase their following distance from other vehicles. In most cases, the “3/6 second” rule indicates that when the weather is bad, the driver should double their following distance from three to six seconds; however, even this may not be enough for a loaded tractor-trailer to stop safely. If a truck driver does not adjust to changes in road conditions, the results can be tragic.
The most dangerous time to drive is typically around the holidays, especially on Labor Day, Independence Day, and Memorial Day. As well as on Friday nights due to fatigue. Also, Virginia commercial vehicle crash causes most accidents on interstate highways during the holiday season.
Who Is Legally Liable in a Virginia Trucking Accident?
Liability for a Virginia commercial vehicle crash frequently extends beyond the driver to the company that employs him or her. Trucking company liability Virginia is frequently at issue when a company has:
- A driver with a history of violations is hired
- The company pressures the driver to exceed hours of service limits
- The truck is not maintained, and the brakes are not inspected
- Freight was improperly loaded
Truck driver negligence Virginia is often the first piece of evidence that leads to a much larger claim against the corporation with the money to adequately compensate you for your injuries.
“Hiring a reliable Virginia trucking accident lawyer is the best option you have. We know how to examine all evidence associated with the crash, such as maintenance logs, black box data, driver qualification records, and communication between dispatch and drivers, to create a complete picture of the fault.” – Robert Tatum, Founding Attorney at Tatum & Atkinson Law Firm
At Tatum & Atkinson Law Firm, we move quickly after the crash to secure evidence before it is lost. Contact us today; there is no fee to speak with us, and we don’t get paid unless you do.
Talk to a Virginia Trucking Accident Lawyer Today
Knowing what are the most common reasons for a trucking accident in Virginia and the laws that govern these types of accidents is important for anyone involved. It is also worth noting that the insurance companies that cover large carriers are not on your side. At Tatum and Atkinson, we have the knowledge, the resources, and the commitment necessary to help you obtain all of the compensation you are entitled to. This can include things like medical bills, lost wages, pain and suffering, future care needs, and more.
If you were injured in a tractor-trailer accident or a Virginia trucking accident, then you deserve a team of lawyers that will treat your case as seriously as you. There is no upfront investment and no costs unless we are successful, and you are under no obligation.
Contact Tatum and Atkinson’s Virginia truck accident lawyers at (800) 529-0804 for a free case evaluation.
Frequently Asked Questions!
What should I do immediately after a serious car or truck accident in Virginia?
Immediately report the accident to the authorities and gather witness contact information. Take pictures of the accident scene if possible and begin your documentation. After reporting the accident to the police, seek out an attorney in Virginia before speaking with insurance adjusters.
How do police determine who caused a crash in Virginia?
Officers will use evidence from the accident scene, such as witness statements and video from public and private cameras, as well as vehicle data. They will prepare an accident report, which can help establish liability in the accident and support your claim.
Can I still recover compensation if I was partially at fault in a Virginia crash?
Virginia uses pure contributory negligence, meaning that any negligence on your part may bar you from recovering any compensation for damages in an accident. Therefore, it is crucial to have an experienced attorney to protect your right to compensation.
What happens if the at-fault driver has no insurance in Virginia?
You may submit a claim against your own uninsured motorist (UM) Policy. Under Virginia law, all auto policies must have this coverage by default; an experienced trucking accident lawyer can assist you in dealing with your insurance company and recovering full compensation.
How long do I have to report or file a car accident claim in Virginia?
Virginia law has a two-year statute of limitations for personal injury claims from the day of the accident. So, it is extremely important to act quickly so you do not lose the opportunity to recover damages.
