Over 500,000 truck accidents occur in the United States per year with 81% of those occurring in multi-vehicle crashes which increase insurance claims and legal settlements. Tractor trailer drivers are under a great deal of stress to get their scheduled deliveries to the end destinations on time. They have to drive in all sorts of traffic and weather conditions. Accidents often occur because driver’s fall asleep, or do not anticipate braking distances with other vehicles in traffic. Other times speeding, tailgating, driving while intoxicated, reckless driving, illness, bad weather or road conditions may be the reason for accidents.
When road conditions are compromised, tire blowouts can be a common occurrence as was the case when a tractor trailer ran over some road debris causing a collision with an SUV and ended up leaking diesel fuel on I-64 near Newport News. Commercial motor vehicles have restrictions imposed on their drivers because the vehicles already pose a danger to passenger cars on highways due to their size, braking distance, and types of load they carry.
Cargo increases risk.
If the tractor-trailer sustained a leak from the impact, there may be an additional layer of investigation regarding the mechanical safety and upkeep of the truck. Diesel fuel was spilled on the highway after the Newport News accident and the highway was closed off until it was cleaned up.
Compensation for damages.
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.
In order to win a claim for damages, case action must prove that:
- The other driver owed a duty to drive in a careful and reasonable manner;
- The other driver behaved in a manner that went against this duty of care;
- The other driver’s behavior caused the damages and injuries;
- There is be a measure of actual injury that requires compensation.
Evidence that may help to support a claim for damages and negligence includes:
- Testimony of witnesses, other passengers in vehicles and injured party;
- The other driver’s admissions of fault directly after the accident or sometime later;
- Crash scene photographs;
- Safety reports on vehicles involved in the accident completed before and after the accident.
- Blood alcohol tests of other drivers, or hospital blood tests that reveal intoxication of some sort related to drugs or alcohol.
- Cell phone records to make sure drivers were not texting or making calls at the time of the accident causing a distracted driver situation.
Seek legal counsel.
Insurance companies will need proper reports to pay claims and sometimes a legal action is required to cover extensive damages and property losses above insurance limits. Hire a legal profession at The Law Offices of Roy, Larsen, Carnes & Romm to assist with the data collection and review related to a truck accident case.
Roy, Larsen, Carnes & Romm, P.C.
109A Wimbledon Sq.,
Chesapeake, VA 23320
Phone: (757) 547-5101
Fax: (757) 547-9358