Driving alongside a truck is always a harrowing experience. The size and weight of the average truck mean that non-commercial drivers have to drive carefully if they want to stay safe.
Unfortunately, trucks can fall victim to a variety of internal problems. Whether a driver is overworked or the truck didn’t get its regular maintenance, an out-of-control big rig puts everyone on the road in danger.
If you were injured or lost belongings in a truck accident, you understand how someone else’s negligence can upend your life. Fortunately, our truck accident lawyers in Suffolk can help. For more information about financial support after a truck accident, you can call on the team with Christina Pendleton & Associates.
Responding to a Truck Accident
How you respond to a truck accident depends both on your condition and your liable party. You can sit down with a truck accident lawyer in Suffolk, VA, and start to discuss the options your losses give you.
If you haven’t been offered a settlement by a truck driver’s parent company, you can pursue a civil suit. This suit can address the behavior of:
- The truck driver
- The truck driver’s parent company
- The truck’s manufacturer
- The truck’s mechanic
- The team that packed the truck
- Construction crews
- Government officials
To hold a party liable for your losses, you need to bring forward evidence of their relationship to your overall well-being. If you can establish this connection, known as duty of care, you can more effectively argue for your post-accident compensation.
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The Question of Contributory Negligence in a Truck Accident
Virginia is one of the few states that makes it particularly difficult for truck accident victims to pursue accident compensation. According to the Code of Virginia §8.01-58, the driver who files a civil claim must not have contributed to the accident in question at all.
If the filing driver can be held at all accountable for their own losses, the state denies them the right to pursue compensation. It’s in the face of this ruling that a personal injury attorney can come in handy.
During an initial case consultation, you can discuss whether or not an opposing party might be able to hold you accountable for a truck accident’s losses. Whether or not your case goes to court, you can prepare counter-arguments to establish your lack of fault.
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Virginia’s Statute of Limitations for Truck Accident Losses
According to Code of Virginia §8.01-243, you have two years to act on truck accident losses. That means you have two years from the day your accident takes place to bring your complaint to the attention of a judge.
Notably, a complaint does not mean that your case will go to trial. Rather, complaints allow you to invoke the authority of a judge and the surrounding legal body. Once you have a complaint in play, you can request compensation for your losses with legal authority – provided that the attending body backs your claim.
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Compensation and Your Damages
Legal representatives throughout Virginia expect you to submit an estimate of your potential compensation along with your initial complaint. To establish this estimate, you can look at the truck accidents that came before yours. You can more effectively establish correlations between your losses and your accident when you can reference state precedent.
If you’re looking for ways to grow your potential compensation, let Christina Pendleton & Associates help. Learn more about the ways you can increase the value of your personal injury case with our Suffolk, VA, truck accident attorneys.
Economic Damages
Your economic losses will likely be the ones that feel most important for you to deal with. The term “economic” describes losses that can be assigned a value. For example, repairing a damaged car costs a set amount of money. If you need to rent a car while yours is being repaired, you’ll receive a bill for that cost.
You can work with our team to determine with which economic losses you’re currently contending. You can then provide your complaint with receipts and other documentation indicating what you’ve spent in an attempt to recover from the accident. The more relevant your evidence is, the simpler it may be to express the extent of your damages.
Non-Economic Damages
There are some losses in a truck accident that can’t readily be quantified. These losses don’t have a value attached to them. That doesn’t mean you can’t be compensated for them, though. Non-economic losses include losses like pain and suffering, loss of companionship, or even long-lasting mental health conditions.
You can work with a therapist or another professional witness to classify what kind of non-economic damages you may have suffered in your truck accident. Then, with assistance from an attorney, you can apply a dollar value to those losses.
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Understanding the Complexities of Settlement Offers
If a trucking company recognizes that one of their employees may be liable for your losses in an accident, they may act before you can. In these cases, companies may offer you an accident settlement. Settlements are one-time payments designed to help you contend with the losses related to your accident.
However, truck driving accidents aren’t always comprehensive. Most companies employ them to avoid time in court. Before you accept a settlement, be sure to look it over with the help of a personal injury lawyer.
Our office can help you determine whether or not the offer will address all your post-accident needs. We can negotiate for more comprehensive coverage on your behalf if the need arises. Should negotiations fall through, you can even count on our team to represent your best interests in court.
Overcome Your Losses With a Truck Accident Attorney in Suffolk, VA
You do not have to contend with your truck accident losses alone. If you believe that a truck driver’s negligence resulted in your medical bills, property damage, or long-term trauma, you can fight for financial support. Christina Pendleton & Associates has served over 80,000 clients in civil court, and we’re ready to fight for you.
Are you ready to schedule your initial case consultation with a Suffolk, VA, truck accident lawyer? Our team operates on contingency. You can schedule a free appointment by calling our office or contacting us via our online form.
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