What Happens If I’m Hit By A Big Truck In Virginia?

Key Highlights:

• What happens if I’m hit by a big truck in Virginia? The first step in a process that no one ever expects to experience.
• Truck accident claim cases are usually more difficult and complicated than those of regular cars.
• The truck’s insurer and defense attorney can start their investigation after only a few days.
• There might be multiple insurers / multiple parties and insurance policies involved in one accident.
• Fault may be decided by the pure contributory negligence / 1% rule in Virginia. 

Understanding what will happen in Virginia can make all the difference.

Robert Tatum here, attorney at Tatum & Atkinson Law Firm. We have represented cases involving being hit by a big truck in Virginia since 2006. We represent those whose claims are based on the pure contributory negligence doctrine.

Immediate Steps: Protecting Yourself and Getting Medical Attention

Though you might seem okay after being hit by a much larger tractor trailer accident vehicle, your injury could have hidden or delayed injuries; blood loss, a spinal cord problem, and a concussion might appear after hours or even days. Medical attention will not only save your life but also preserve the connection between your injuries and the accident. 

Not receiving immediate help or waiting for a week before consulting a physician is the most common way of weakening an otherwise good truck accident claim.

Truck Versus Passenger Vehicle: Why It Makes a Difference?

A big truck accident generally means a company is involved, a higher-limit commercial insurance policy limits, and multiple insurers / multiple parties who can be at fault for the crash: the driver himself, the employer of that driver, or any number of other individuals whose poor decision-making led to it. 

Insurance companies that handle commercial truck accident vehicles are quick to act and aggressive in their defense, so a tractor trailer accident case will not be considered straightforward regarding liability.

The Process of a Virginia Truck Accident Case

There is a specific truck accident claim timeline/stages by which most truck accident cases proceed. Understanding the steps in the process will help you understand what should happen next in your own case: 

• Investigation: The process of investigating the accident and identifying all responsible parties occurs. This is where your side of the investigation will begin.
• Medical Treatment: continues until you are declared medically stable at maximum medical improvement, the point where your medical condition can no longer be described.
• Damages Calculation: Once your medical condition is known, damages from the accident are calculated.
• Insurance Negotiation and Litigation; there is a demand made, there is a response from the insurance company (generally a low-ball offer), and both parties try to meet somewhere in the middle.
• Potential Lawsuit: If a fair settlement cannot be reached, there will be a lawsuit filed, and there is the potential for trial, which usually results in a good offer being made.

Serious Injuries and Their Cost

Commercial truck accidents are considerably more likely than regular automobile accidents to lead to long-term, catastrophic injuries; catastrophic injury / TBI / spinal cord/amputation, and broken bones are common occurrences when a passenger car collides with a truck. 

The cost will cover things such as surgical operations, physical therapy, equipment needs, home modification, future care and lost earning capacity over a period of years. A properly assessed Virginia case can include medical expenses and future medical costs, lost earnings and decreased earning capacity, pain and suffering, and even permanent disabilities.

1 Percent Rule & Things That Could Hurt Your Case

The pure contributory negligence / 1% rule is practiced in Virginia, and this means that being responsible by even 1 percent for the accident may prevent any recovery at all under Virginia law. The defense, in the case of a commercial truck accident, tries really hard to allocate some part of the responsibility to the injured driver, and this is the reason why the question of fault becomes so crucial. 

There are some common post-accident mistakes that provide them with such an opportunity: 

• Providing a statement or speculations on the accident before all the information is clear.
• Speaking about the accident or your actions on social media.
• Creating some breaks in your medical care.
• Accepting the offer of settlement before the extent of injury becomes evident. 

None of them looks obvious when you make these mistakes, and this is why the advice is so important.

Truck Hit You in Virginia? Speak With Tatum & Atkinson Law Firm

If you’re having trouble figuring out your position following a big truck accident, that in itself would be a sufficient reason to contact us. Tatum & Atkinson is a personal injury lawyer firm that represents victims of commercial truck accident cases in Virginia through an office in Cedar Bluff in southwest Virginia. 

The Heavy Hitters coordinate medical and economic specialists, take care of all those insurance negotiation and litigation calls, and assess the value of your truck accident claim long-term, not just for what you have now. (800) 529-0804, free consultation. We only get paid if we win.

FAQs: What Happens If I’m Hit by a Big Truck in Virginia?

How long does a Virginia truck accident claim usually take?

This depends largely on your recovery and how vigorously the fault was disputed. Simple truck accident claim timeline/stages claims may be settled in a matter of months, while complex tractor trailer accident claims usually take a year or more, as the claim shouldn’t be settled until doctors can explain your permanent injuries at maximum medical improvement.

Why are multiple insurance companies involved in my truck accident?

A commercial truck accident doesn’t involve only one insurance company. There may be multiple insurers / multiple parties involved in the claim. The truck driver may be insured separately from the trucking company, while different parties associated with the cargo or the vehicle may have additional commercial insurance policy limits.

Should I accept the insurance company’s first offer?

It is better to think twice about doing so. Usually, the early settlement is sent out before the full extent of your hidden or delayed injuries is understood and all the expenses of future care and lost earning capacity are estimated, but signing an agreement means that your case will never be revisited. 

Will my truck accident case have to go to trial?

Not many do. The truth of the matter is that most of these cases are settled outside of the courtroom through insurance negotiation and litigation, even when a lawsuit has been filed. Preparing each case as if it is going to trial indeed is what makes a settlement offer carry any weight at all.

What does it cost to hire a Virginia truck accident lawyer?

Absolutely no initial costs at all. This is how your cases get handled on a contingency fee basis under the two-year statute of limitations, § 8.01-243, which means that you only pay if we are successful, and even the very first consultation is totally free. And this is especially true for handling a tractor trailer accident case, since the evaluation of catastrophic injuries and coordination of the experts will be done by your Virginia truck accident lawyer.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.