truck accident lawyers in Virginia Beach VA

If a truck driver is caught violating Virginia roadway restrictions on freight, it can impact a claim for damages. Contact an experienced attorney to discuss accident concerns .

 

The State of Virginia Department of Motor Vehicles imposes certain restrictions for tractor trailers that travel along roadways that have bridges and tunnels.  Among them are restrictions for Hampton Roads Bridge Tunnel where a multi-car and truck accident involving a tractor trailer occurred.  Virginia State Police claim the tractor trailer was carrying 6,500-gallons of asphalt bulk freight in the  tanker truck when another driver of an F350 box truck swerved into the path of the tractor trailer, jack-knifed and caused a chain reaction involving eight vehicles.  After being cited for following too closely, the insurance of the driver of the box truck will have to pay $25,000 in damage for the accident to repair sections of handrail, internal lights and wall tile in the tunnel to Virginia Department of Transportation.  The drivers of the other vehicles can make claims for damages as well.

Negative impact from bulk freight could increase amount of damages.

If the tractor-trailer sustained a leak from the accident’s impact causing increased damage, an additional layer of investigation may be required regarding the upkeep of the truck, and whether or not the driver of the truck was aware of Virginia law that prohibits dangerous substances from bridges and tunnels.  In a case where the bulk freight caused damage to other parties, the trucking company may also be a party to a legal action against them.

Addressing damages for settlement relief.

Damages that can be sought after include compensation for present lost wages, future loss of income, current and future medical bills, physical damages to the vehicle and will be based on a review of psychological injuries, bodily injury, liability insurance including uninsured motorist coverage, and the determination of the percentage of fault. Call a Virginia accident attorney to discuss “fault” and actions toward a proceeding to address the damages and injuries resulting from the accident.

Proof of negligence.

In order to win a claim for damages, case action must prove that:

  1. The other driver owed a duty to drive in a careful and reasonable manner;
  2. The other driver behaved in a manner that went against this duty of care;
  3. The other driver’s behavior caused the damages and injuries;
  4. There is be a measure of actual injury that requires compensation.

Evidence that may help to support a claim for damages and negligence includes:

  1. Testimony of witnesses, other passengers in vehicles and injured party;
  2. The other driver’s admissions of fault directly after the accident or sometime later;
  3. Crash scene photographs;
  4. Safety reports on vehicles involved in the accident completed before and after the accident.
  5. Blood alcohol tests of other drivers, or hospital blood tests that reveal intoxication of some sort related to drugs or alcohol.
  6. Cell phone records to make sure drivers were not texting or making calls at the time of the accident causing a distracted driver situation.

Hire an attorney.

Hire a lawyer at The Barney Injury Law Firm to assist with the burden of collecting and analyzing the data related to the truck accident.  Accidents may be caused by one driver, several drivers, road conditions, weather, natural or other causes.  Determining the percentage of fault is a matter for those who have reviewed police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident, and who are well-informed regarding trucking laws.

Barney Injury Law

1551 Laskin Road
Virginia Beach 23464

Phone: (757) 296-8343

 

Sources:

https://wtkr.com/2019/05/16/driver-in-hrbt-crash-billed-25000-for-estimated-cost-of-damage/

https://www.dmv.virginia.gov/webdoc/pdf/dmv109.pdf

https://www.nhtsa.gov/research-data/fatality-analysis-reporting-system-fars