Winchester Truck Accident Lawyer
Commercial truck accidents can have life-altering consequences, and pursuing compensation for those consequences can be complicated. These cases involve complex liability issues, state and federal regulations, and various unique forms of evidence, making them challenging to pursue without the assistance of experienced legal representation.
Kendall Law Firm has been protecting the rights of truck accident victims since 2009. At Kendall Law Firm, we assist accident victims who have been injured due to someone else’s negligence or disregard for safety. Our legal team possesses the knowledge and experience to represent clients against trucking companies and their insurers effectively, take on complex cases, and advocate for maximum compensation. We’ll do everything in our power to fight for full and fair compensation to cover your medical bills and other accident-related expenses.
If negligence on the part of the truck driver, trucking company, cargo shipper, or any other party caused you to suffer severe or catastrophic injuries, call us toll-free at (866) 574-2704, or contact us online today to schedule a free and confidential consultation with a Winchester truck accident lawyer. Our legal team is available to you 24/7, so don’t hesitate to reach out to us if you’ve been hurt in a serious truck accident.
How a Winchester Truck Accident Lawyer Can Help After a Truck Crash
Pursuing a Winchester truck accident claim on your own can be overwhelming, particularly while you’re recovering from serious injuries. Working with a skilled truck accident lawyer can make your life easier and strengthen your case. The team at Kendall Law Firm can help by:
- Reviewing Your Case for Free: Before filing a claim or pursuing a truck accident lawsuit, come to us for an initial consultation where we can review your evidence, ask you some key questions, and inform you of your legal options.
- Investigating the Accident: We’ll investigate to determine how the semi-truck accident occurred and who may be responsible. Then, we’ll work to preserve and obtain the evidence needed to establish liability and recover full compensation.
- Working with Experts: We have a network of accident reconstruction specialists and medical and financial experts who can offer expert testimony to support your claim and help us build a compelling case demonstrating truck driver negligence.
- Taking on the Insurance Companies: Insurer adjusters in semi truck accident cases will fight to weaken your claim and minimize your payout by employing various tactics. We don’t back down to them. We’ll return the fight and seek maximum compensation.
- Representing You in Court, If Necessary: If the insurance company won’t offer the settlement you deserve, we’ll take your claim to court, present our evidence to the judge or jury, and aggressively advocate for a favorable verdict.
Truck accident injuries can result in devastating consequences to victims and their families. Kendall Law supports accident victims and helps them recover compensation from negligent drivers and trucking companies. Call us today to take advantage of a free consultation.
Why Clients Trust Kendall Law Firm
Choosing a law firm to represent you can be the biggest decision you make in your truck accident case. Injured trucking accident victims in Winchester and surrounding areas have been choosing our personal injury law firm for years. Here’s what we believe makes us a fantastic choice:
- Decades of Experience: Our attorney, David Kendall, has practiced personal injury law throughout the Shenandoah Valley since 1988. Both his legal and local experience offer a significant advantage when pursuing your case.
- Significant Track Record: Experience is crucial, but only when it’s paired with real, tangible results. Since Kendall Law Firm was formed in 2009, we’ve recovered millions in verdicts and settlements on behalf of truck accident victims.
- Focus on Personal Injury Law: At Kendall Law Firm, we focus 100% on personal injury cases. We only represent injury victims, not insurance companies or big corporations.
- Local Insight: Our firm is deeply rooted in the Winchester and Shenandoah Valley communities. This provides us with valuable insight into local court systems and demonstrates that we understand the perspectives, struggles, and needs of the clients we represent.
Many of our former clients have expressed their satisfaction with our services through heartfelt testimonials, such as the following:
“I highly recommend the Kendall Law Firm. David and his staff kept me informed every step of the way. They were extremely diligent in returning phone calls or emails in a very timely manner. I was helped through the entire process very courteously and professionally. I cannot thank them enough!!” – Janet, Harrisonburg
Common Causes of Truck Accidents in Winchester
Winchester is a vital transportation hub in the Shenandoah Valley. Thousands of tractor-trailers use Interstate 81 daily, hauling freight through Virginia and around the country. With so much commercial traffic, it’s unfortunately common for serious truck driving accidents to occur in the area. Some of the most common reasons for those accidents include:
- Driver Fatigue: Although federal regulations are designed to prevent it, long-haul truckers often drive to the point of fatigue, which results in slowed reaction times, impaired decision-making, and the potential for falling asleep behind the wheel.
- Distracted Driving: Cell phone use, GPS devices, and in-cab systems are significant sources of distraction for commercial truck drivers. In a vehicle as massive as a commercial truck, a brief moment of distraction can become a tragedy.
- Speeding: Large commercial trucks require a significant amount of time and runway to stop. Excessive speed can make safe braking impossible in emergency situations.
- Poor Maintenance: Trucks are subject to strict federal maintenance regulations, but worn brakes, bald tires, and faulty lights still cause serious accidents. When they do, maintenance contractors may be at fault.
- Overloaded or Improperly Loaded Trucks: Shifting loads can cause severe truck accidents, such as rollovers or jackknifes, both of which can be fatal.
Common Types of Truck Accidents in wWinchester
Truck accidents can occur in various ways, each presenting distinct dangers to motorists in smaller vehicles and unique legal considerations for those seeking compensation. Our truck crash lawyer in Winchester represents victims of all types of truck wrecks, including:
- Rear-End Collisions: When a truck driver is following too closely or not paying attention and the vehicle in front of them brakes, devastating rear-end collisions can occur, often causing back and neck injuries.
Jackknife Accidents: A jackknife happens when a truck’s trailer swings out at an angle, folding toward the cab. These accidents can cause severe injuries and multi-car collisions. - Rollover Accidents: Certain trucks with high centers of gravity can tip and roll over if a driver takes a curve too fast or loses control due to shifting cargo. Rollovers can crush or trap nearby vehicles, often causing life-altering injuries or fatalities.
- Underride Accidents: An underride accident occurs when a smaller vehicle slides beneath a truck’s trailer. These accidents are among the deadliest.
- Blind Spot Accidents: Trucks have large blind spots, sometimes referred to as “no-zones,” on all four sides. When drivers fail to check them when changing lanes or merging properly, smaller passenger vehicles can be sideswiped, crushed, or forced off the road.
- Wide-Turn Crashes: Large trucks often need extra room to make right turns. If a driver misjudges the amount of space required or fails to signal properly, nearby vehicles, cyclists, and pedestrians can suffer serious injuries.
What Compensation Can I Ask for After a Truck Collision
If you have been injured in a truck accident in Winchester, you may be entitled to financial compensation for the harm you’ve suffered and property damage, among other losses. A Winchester truck accident attorney can help you file an injury claim and fight to help you seek fair compensation.
You may be eligible to claim the following types of compensation:
- Economic Damages – These are quantifiable expenses. Examples include accident-related medical bills, medications, costs for future medical care, and lost wages from missing work due to your injuries.
- Non-Economic Damages – Often referred to as “pain and suffering,” these damages are unique to the injured individual or their case. Loss of your ability to enjoy activities in life and consistent loss of opportunities are other examples of non-economic damage.
- Punitive Damages – These damages seek to punish the defendant. Punitive damages may be sought in special cases involving gross negligence or intentional wrongdoing.
The Winchester truck accident lawyer at Kendall Law Firm works to fight for full and fair compensation for your injury claim.
What to Expect in a Truck Accident Lawsuit
If you suffered injuries in a truck accident, you might be concerned about what lies ahead. Accidents involving commercial trucks are more complicated than the average passenger car accident case because:
- Multiple parties may be at fault: Trucking companies, truck drivers, cargo loading companies, and others could be responsible, which can complicate the determination of legal liability without a thorough investigation.
- You may have suffered serious injuries: Truck accidents often result in permanent injuries, traumatic brain injuries, internal injuries, and other serious injuries. Because the insurance companies know more extensive damages are at play, they may fight even harder to prevent you from recovering fair compensation.
- You might be blamed for the accident: Insurance companies are very familiar with the state’s pure contributory negligence rule in Virginia. If they can show that you at all contributed to the motor vehicle accident at all, they can avoid paying you any compensation.
These factors underscore the importance of working with an experienced truck accident lawyer.
Most Dangerous Intersections in Winchester
While Winchester is a relatively safe city to drive in, like any city, it has some dangerous intersections. Most of the dangerous intersections are located at exits along highways and intersections that have a high volume of traffic, particularly heavy commercial vehicle traffic, including the following:
VA-37 and Amherst Street Exit
Because Amherst Street is one of the main streets used when traveling to downtown Winchester from the west, it experiences high-volume traffic. The Amherst Street exit has a Walmart to the west, which means many Walmart trucks deliver freight each week. Winchester Medical Center is on the east. Customers at the retail store, as well as employees and visitors to the hospital, create even more traffic. Most of the crashes reported at the exit are rear-end collisions and turning accidents.
Interstate 81 and Berryville Pike Exit
The Berry Pike Exit (Exit 315) is one of the main exits used when entering Winchester from the east. The west end of the road features residential areas and shopping, while the eastern side is dominated by large shopping centers and car dealerships. Berryville Avenue becomes Berryville Pike at the interchange, resulting in increased traffic and congestion as commuters merge while traveling to and from work. The majority of accidents at this intersection are rear-end collisions due to heavy traffic. When traffic is congested, it may back up onto the highway, increasing the chance of a high-speed accident.
Interstate 81 and Martinsburg Pike Exit
Another dangerous intersection at the northernmost point in Winchester, the interchange at Interstate 81 and Martinsburg Pike has motorists from both sides of the city merging. The short distance between the stoplights under the interstate creates an awkward and confusing driving experience, and the Martinsburg Pike median adds to the complexity of turning.
Millwood Ave. and Pleasant Valley Rd.
This intersection is one of the busiest in Winchester. Its sharp angle can reduce visibility for motorists passing through the intersection. Drivers cannot see as far down the road as they typically can, making it less safe. Trucks pulling out of the gas station on the corner may cause accidents by making wide turns. Many collisions at this intersection occur right in the middle, most of which are caused by trucks turning.
How Long Do I Wait to Call a Lawyer After a Truck Accident in Winchester?
If you are severely injured in a collision with a commercial vehicle, the first thing you should do is seek medical attention. Your health and well-being should be your top priority. If you are not seriously injured or are waiting for medical treatment, try to document the scene by taking photos and collecting contact information from any witnesses. After you’ve taken these important first steps after the accident, contact an attorney.
Many truck accident victims make the mistake of talking with the trucking company‘s insurer. Insurance companies are for-profit businesses. Saying the wrong thing to an insurance company before consulting could undermine your accident claim. If the insurer can deny or limit liability on a truck accident claim, the company will find a way to do so under the policy agreement.
An experienced Virginia truck accident attorney can negotiate with the insurance company on your behalf.
How Long You Have to File a Truck Accident Lawsuit in Winchester
The statute of limitations for most personal injury lawsuits in Virginia is two years from the accident date. For a wrongful death lawsuit, the case must be filed within two years of the victim’s death.
Contact Our Winchester Truck Accident Attorney for A Free Consultation
The trial attorney of Kendall Law Firm has fought to protect the rights of those who have been injured in our community since 2009. We represent individuals like you, never the insurance companies or large corporations. When you need knowledgeable and compassionate legal representation, turn to us for help.
We have seen firsthand the devastation and grief that a truck accident can cause, and we’ll be here to support you and fight for the justice you and your loved ones deserve.
Our track record of success includes several six- and seven-figure settlements for victims of truck accidents across Virginia, including a $1.5 million settlement for a head-on collision that resulted in the loss of a loved one in Winchester.
Call our truck accident law firm anytime, day or night, at (866) 590-6409 or reach out to us online to schedule a free, confidential consultation with us today.