It’s important to understand that not every truck accident constitutes a valid personal injury claim in Virginia. Some valid claims don’t necessarily make for a strong truck crash case. To have a strong case, you need not only powerful proof and clear documentation but also an experienced Virginia truck accident lawyer who knows how to use them.
The following is a more detailed explanation of what makes strong truck accident claims in Virginia.
You Can Prove the Truck Driver or Company Was Negligent
Most strong personal injury cases begin with establishing negligence. That means showing that the truck driver, trucking company, or another entity acted carelessly and caused you harm.
Common examples of negligence in truck accident cases include:
- Speeding, distracted driving, fatigued driving, or driving under the influence
- Violations of federal trucking regulations, such as hours-of-service limits
- Poor vehicle maintenance or improper cargo loading
If there’s evidence that the driver or another party’s negligence resulted in physical, emotional, or financial harm in a truck accident in Virginia, you likely have a solid foundation for your claim.
You Have Clear Evidence Linking the Truck Accident to Your Injuries
You can’t just prove that the truck driver had a legal duty to avoid causing a crash and breached it. You must also show how the truck driver negligence caused your injuries. Proof may include:
- Police reports
- Accident scene photos
- Medical records
- Expert testimony
- Black box data
Insurance companies often argue that your injuries existed beforehand or attempt to downplay their severity. That’s why it’s critical to have clear, thorough medical documentation when pursuing personal injury claims.
Your Damages Are Well-Documented and Significant
After you’ve shown that the other party was negligent and their negligence caused you harm, you must then attach a dollar amount to that harm. The financial compensation you demand could include money for your:
- Hospital bills and medical expenses
- Lost wages or loss of earning capacity
- Physical therapy, rehabilitation costs, and ongoing medical treatment
- Property damage caused by the accident
- Physical pain and suffering and emotional trauma
- Long-term disability and physical limitations caused by serious injuries
A skilled attorney from a personal injury law firm can work with medical and financial experts to determine the full value of your claim. However, you still need plenty of detailed evidence, so be sure to retain every relevant document and keep them all organized.
You Can Prove You Didn’t Contribute to the Truck Accident
Virginia’s strict contributory negligence rule bars accident victims from recovering any financial compensation if they are found to have contributed to the accident. Even though you deserve compensation for the severe injuries you suffered, Virginia’s contributory negligence law can prevent you from recovering it. Experienced truck accident attorneys are familiar with Virginia law and can gather evidence to prove that semi-truck drivers, cargo loaders, trucking companies, or other parties were responsible for the crash.
You Act Quickly and Follow Virginia’s Personal Injury Laws
No matter how strong your claim may be, if you don’t file your Virginia truck accident lawsuit before the legal deadline, you may lose your right to recover compensation entirely. You typically have two years from the date of the accident to file, but the faster you move, the stronger your case can be. Don’t hesitate.
You Have an Experienced Virginia Truck Accident Lawyer on Your Side
A skilled attorney can make a significant difference in the outcome of your case. The team at Kendall Law Firm can help by:
- Building a Powerful Case: Our attorneys will investigate the accident, preserve and obtain crucial evidence, interview witnesses, and consult experts to build the strongest case possible.
- Negotiating with Insurers: Even a strong case can require skillful negotiations. We’ll stand up to big insurance companies and fight for the compensation you deserve.
- Protecting Your Rights: When insurers attempt to weaken your claim through various tactics, we’ll step in to counter those tactics and protect your rights.
If you’ve suffered injuries in a serious truck accident caused by someone else’s negligence, you deserve justice. The team at Kendall Law Firm will fight for the accountability and compensation you deserve while you focus on recovery. Contact us today for your free consultation to discuss your legal options.
