How Do Truck Accident Investigations Work?

Large commercial trucks are among the most serious safety threats to the public on any road or highway. These trucks can weigh tens of thousands of pounds and often reach up to 80 feet in length. In contrast, the typical passenger car weighs just a few thousand pounds and is about 15 feet from front to back bumper. This means passenger cars are at a severe disadvantage when larger commercial vehicles collide with them.

Truck accidents can cause severe injuries, overwhelming medical expenses, lost productivity, and property damage. Due to the high economic and human costs of these incidents, trucking companies and public safety agencies conduct extensive investigations after truck wrecks to pinpoint contributing factors and determine liability.

Like a car accident, a truck accident investigation involves several components that focus on collecting and analyzing evidence. But unlike a car crash, truck accidents often involve numerous parties, unique evidence, and other unfamiliar factors. To learn more about how truck accident investigations work, contact Lichtenstein Law Group, PLC for a free case review.

What Are the Steps in a Truck Accident Investigation?

Truck accident investigations usually involve multiple parties, including trucking companies, their insurance carriers, government investigators, and law enforcement agencies. Other key players in many truck accident investigations include industry experts, like accident reconstruction specialists, who determine the causes of the accident.

When these parties launch investigations into truck accidents, they typically start by:

• Collecting evidence – Truck accident investigations hinge on collecting and analyzing evidence, such as trucking company records or black box data. Investigators review various types of evidence to establish liability and estimate losses.
• Examining truck driver and trucking company records – Truck driver and trucking company records can indicate whether either party failed to follow any applicable truck safety laws or regulations. Investigators might look at training certificates, employment history, dispatch records, hours-of-service logs, and drug test results.
• Reviewing police reports – Police accident reports usually contain helpful information about things like road conditions when the accident occurred, statements from witnesses who saw the crash, and official opinions regarding who was at fault.
• Interviewing witnesses – Investigators typically interview drivers, passengers, witnesses, and other parties who saw or were involved in the crash to get each person’s account of what happened in their own words.
• Locating the truck’s “black box” – A truck’s event data recorder (EDR) or black box records critical information about a truck’s speed and movements in the moments leading up to and during a collision.
• Consulting accident and medical experts – Certain experts can analyze crash evidence to determine an accident’s most likely causes and consequences. Investigators might work with medical experts to evaluate the harm caused by the accident or consult crash reconstruction specialists to determine how the accident might have happened.
• Inspecting the truck for defects – A defect or flaw in any part of a large truck or trailer can cause the truck to malfunction and lead to an accident. Investigators usually inspect commercial trucks for possible defects after accidents occur.

Who Can Be Held Liable in a Truck Accident?

Correctly identifying the parties responsible for a truck accident is essential when pursuing fair compensation for your losses. And truck collisions are usually much more complicated than car accidents since they often involve multiple parties that share responsibility. These parties could include:

• Truck drivers – In situations where truck driver error or misconduct causes the accident, the driver will likely bear responsibility. If the driver is an independent contractor who owns the truck involved in the accident, the driver could be solely liable.
• Trucking companies – Accidents often involve vehicles owned by third-party trucking companies and operated by driver-employees. Generally, employers are liable for the actions of their employees. Accident victims may hold trucking companies accountable when their employees are at fault for truck accidents. Trucking companies can also be liable for accidents caused by contracted drivers if they were negligent themselves, such as by pressuring the driver to violate hours of service regulations.
• Truck owners – A trucking company may lease the truck involved in an accident. The truck owner could share liability if it failed to maintain or inspect the vehicle and a discoverable defect contributed to the wreck.
• Manufacturers – Trucks consist of many moving parts that require regular inspection. A manufacturing defect in any component can cause a mechanical malfunction that contributes to a truck accident. In that case, the manufacturer could be liable.
• Hiring agencies – If a trucking company gets its truck drivers through a hiring agency, they could share liability for accidents caused by drivers who are professionally unqualified or have histories of safety violations.
• Cargo loading teams – If a truck’s cargo comes loose in transit and falls onto the road, it can crash into other vehicles and cause severe injuries. A third-party cargo loader could be liable for a cargo spill wreck if it fails to properly balance or secure a load.

What Are Damages That May Be Recovered for the Truck Accident?

Truck accidents are often catastrophic events that lead to devastating physical injuries, emotional trauma, and financial upheaval. You can fight to recover compensation for these losses by filing a truck accident claim. A knowledgeable truck accident lawyer can help you prepare a strong case demanding compensation for the following crash-related losses:

• Past and future medical expenses from crash injuries
• Related out-of-pocket costs, such as medical travel expenses
• Lost wages from missed time at work while you recover
• Lost earning potential from long-term or permanent crash injuries
• Subjective losses, such as pain, suffering, and lost quality of life

Contact a Virginia Truck Accident Lawyer

If you got hurt in a Virginia truck accident, the team at Lichtenstein Law Group, PLC can investigate the circumstances of the accident and demand fair compensation on your behalf. Contact us today to learn more in a free consultation with one of our experienced truck accident attorneys.

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What Is the Average Semi-Truck Accident Settlement in Virginia?

Truck accident cases are too complex and unique for an average settlement figure to be accurate. Multiple factors contribute to how much money someone can recover, such as the extent of your injuries and the parties at fault. That makes predicting an exact number impossible.

However, a skilled Virginia truck accident lawyer from Lichtenstein Law Group, PLC can review your case, help you determine the value of your losses, and demand maximum compensation for your injuries.

What Are Some Common Causes of Cave Spring Truck Accidents?

Some of the most common causes of truck accidents in Cave Spring include the following:

• Not checking blind spots
• Tailgating
• Speeding
• Taking turns too fast
• Sudden or improper braking
• Driving under the influence
• Ignoring traffic signs and signals
• Distracted driving

Why Are Truck Accidents More Catastrophic?

Semi-trucks can weigh up to 80,000 pounds – about 20 times the weight of an average passenger vehicle. That’s more than enough to do serious damage to the smaller vehicle should the two collide. Since trucks sit high off the ground, smaller vehicles can also slide beneath the trailer and become trapped there.

Large trucks are susceptible to rolling over during collisions due to their high centers of gravity, as well. A sudden change in balance caused by a sharp turn or hopped curb can make the vehicle topple over, landing on nearby cars and causing debilitating injuries to their occupants.

Jackknifing is a danger specific to vehicles like semis. A truck jackknifes when the tractor loses traction and travels in a different direction and speed than the trailer. It can occur during icy or snowy conditions or if the trucker suddenly swerves. The change in momentum can swing the trailer towards the cab, taking cars in its path along for the ride.

What Are Some Injuries That Result from a Cave Spring Truck Accident?

The size and weight of a semi-truck can cause significant destruction, life-threatening injuries, and fatalities. The most common injuries in truck accidents include:

• Whiplash
• Paralysis
• Internal bleeding
• Broken bones
• Traumatic brain injury (TBI)
• Deep lacerations
• Loss of limb
• Burn injuries
• Significant disfigurement or scarring
• Permanent disability
• Crush injuries
• Spinal cord injuries

What If the Truck Accident Causes a Death?

If a truck accident proves fatal, the personal representative of the victim’s estate can pursue a wrongful death case against the liable parties. Although the personal representative is the only person allowed to file the lawsuit, the compensation they recover is for the benefit of the victim’s survivors.

Are There Regulations That Trucking Companies and Drivers Must Follow?

The Federal Motor Carrier Safety Administration (FMCSA) imposes numerous regulations on the interstate trucking industry. The hours of service (HOS) regulation is a critical law to protect the safety and health of truck drivers and others on the road. It limits the number of hours truckers can drive and requires breaks.

Other essential federal regulations state that drivers must:

• Obtain and carry a valid commercial driver’s license (CDL)
• Inspect, maintain, and repair the truck, including the accessories and parts
• Refrain from consuming or being under the influence of alcohol within four hours of operating a commercial motor vehicle (CMV), while on duty, or while operating a CMV
• Use the proper securement systems to keep cargo in place
• Maintain a record of duty status with relevant driver activity for every 24 hours
• Complete the required training to operate a CMV

In addition to these federal regulations, the Commonwealth of Virginia regulates commercial vehicles that operate within the state.

Who Can Be Held Liable for a Cave Spring Truck Accident?

Multiple parties can be liable for a truck accident. The truck driver is just one of many people required to comply with federal and state laws to avoid collisions.

Some of the parties who might be responsible for your injuries include the following:

• Truck driver – Truck drivers are most directly responsible for the safe operation of their vehicles. They commonly cause accidents by engaging in careless behavior, such as texting while driving, tailgating, speeding, or running red lights.
• Trucking company – The trucking company is as responsible as a trucker for ensuring every road user’s safety. They must perform thorough background checks on prospective drivers to confirm licensing, experience, and qualifications. They must also monitor their drivers and maintain vehicles in their fleet. If the driver is their direct employee, the carrier is liable for any accident the driver causes in the scope of their employment.
• Truck owner – Trucking companies often use vehicles owned by other companies. These owners can face liability if their failure to maintain the truck contributes to an accident.
• Freight company – Freight companies can be liable for a truck accident by loading cargo beyond the weight or size limit. It places extra pressure on the tires, potentially leading to a tire blowout. Unsecured cargo can shift, throwing the entire truck off balance.
• Mechanic – A mechanic’s job is to maintain a semi-truck to ensure everything runs correctly. If they don’t perform routine maintenance or replace a worn-out or damaged part, the truck can malfunction, causing the driver to lose control and crash.
• Manufacturer – Manufacturers produce semi-trucks and components that truck drivers and trucking companies depend on to operate correctly. A defective part can cause a system failure, resulting in a collision for which the manufacturer is liable.

What Compensation Is Available for a Truck Accident Injury Claim?

The compensation you recover in an injury claim will depend on the circumstances. Settlements and jury verdicts can compensate for losses such as:

• Emergency room visits, surgeries, rehab, and other medical expenses
• Out-of-pocket costs
• Lost wages
• Lost earning capacity
• Pain and suffering
• Loss of enjoyment or quality of life
• Emotional distress
• Property damage

What Is the Statute of Limitations for Filing a Truck Accident Claim?

The statute of limitations allows a two-year time frame to file a lawsuit after a truck accident. That means you must begin your lawsuit against the trucker, trucking company, or another liable party within two years of the crash date.

Contact a Cave Spring Truck Accident Lawyer

Lichtenstein Law Group, PLC can help you hold the negligent party accountable for the harm they caused. With our nearly 100 years of combined legal experience, we know how to protect your rights and fight for the compensation owed to you.

If you sustained injuries in a semi-truck accident due to someone else’s negligence, call or contact us online for a free consultation with a Cave Spring truck accident lawyer.

The post What Is the Average Semi-Truck Accident Settlement in Virginia? appeared first on Lichtenstein Law Group PLC.

Why Are Jackknife Truck Accidents So Dangerous?

Accidents involving large commercial trucks are generally much more dangerous than those involving only smaller passenger vehicles. The sheer size and weight of 18-wheelers means they can inflict enormous damage in the event of a collision. Jackknife accidents, which occur when a trailer swings out of line with the truck pulling it, are particularly deadly.

If you are injured in one of these accidents, you should not hesitate to consult with an experienced attorney as soon as possible. You might be entitled to significant legal compensation from the at-fault party. The attorneys at Lichtenstein Law Group are ready to evaluate and handle your case. Contact us today to schedule a free, no-obligation consultation with a skilled truck accident attorney.

What Is a Jackknife Accident? How Do They Occur?

To understand jackknife accidents, you must first understand how a “big rig” is set up. A tractor-trailer rig has two main components: a towing vehicle equipped with a heavy-duty engine and a trailer used to haul goods and materials. These two components are attached at a pivot.

The driver can control the towing vehicle directly using the wheel, accelerator, brakes, etc. However, the trailer can only be controlled indirectly by first maneuvering the truck. Because truck drivers have only indirect control of their trailer, it is difficult to regain once lost.

A “jackknife” accident occurs when a driver loses control of their trailer, allowing it to swing out at an angle resembling that of an open pocketknife. When this occurs, the trailer can drag the towing vehicle, block multiple lanes of traffic, and smash into surrounding vehicles. These accidents can happen when truck drivers brake suddenly, accelerate too quickly, make turns too sharply, or hydroplane on wet/icy roads.

What Are Some Common Injuries Sustained in Jackknife Accidents?

As with any accident involving large commercial trucks, jackknife accidents can be extremely serious and result in catastrophic injuries and death. Common injuries sustained in jackknife accidents include:

• Broken and fractured bones
• Internal bleeding and organ damage
• Burns and abrasions
• Neck and back injuries
• Facial and dental injuries
• Spinal cord injuries, including paralysis
• Traumatic brain injuries (TBIs)
• Lost limbs and permanent disfigurement
• Cuts and puncture wounds
• Sprains, strains, and bruises
• Wrongful death

Who Can Be Held Responsible for a Trucking Accident?

Truck accidents are often characterized by a high number of potential at-fault parties. This trait tends to generate more complex litigation than more commonplace accidents, but it also means there may be more sources of liability and compensation. Depending on the circumstances of the crash, the following parties could be held liable for your injuries and losses:

• The truck driver
• The company that owned the truck or hired the driver
• The team that loaded the truck
• The manufacturer of a defective truck part
• A negligent mechanic or maintenance crew
• Local governments responsible for road maintenance

How Do You Prove Liability in a Truck Accident?

In most auto accident cases, liability is established by proving that someone failed to use reasonable care to avoid injuring others. In other words, plaintiffs must prove that the defendant was negligent. Under the doctrine of negligence per se, plaintiffs may also secure compensation by proving that their injuries were caused by the violation of a law or regulation meant to keep roads safe.

Again, accidents involving commercial trucks can be legally and factually complicated due to the many sources of liability that may come into play. Further, because these accidents often involve high monetary stakes, defendants are likely to push back hard to avoid liability. Therefore, it is important to work with an attorney experienced in handling truck accidents and combative defendants.

What Evidence Can Be Used to Establish Fault in a Truck Accident Case?

Plaintiffs injured in truck accidents must prove the defendant’s liability by a preponderance of the evidence. At Lichtenstein Law Group, our attorneys have the experience and resources to conduct a thorough, independent investigation of your accident. We will gather all available evidence to build the strongest claim possible on your behalf. Relevant evidence may include things like:

• Police accident reports
• Pictures and videos from the accident scene
• Footage from traffic and surveillance cameras
• Black box data from the truck
• Cellphone and GPS records
• Testimony from eyewitnesses
• Testimony from doctors, traffic engineers, accident reconstruction specialists, and other reliable experts

What Compensation Can I Recover for My Truck Accident Injuries?

If you suffered injuries in an accident caused at little to no fault of your own, you are likely entitled to significant legal compensation from the at-fault party. The injury attorneys at Lichtenstein Law Group can help you pursue compensation for things like:

• Medical costs related to treating your injuries
• Lost wages if you miss work due to your injuries
• Loss of future earning capacity if your injuries result in long-term disability
• Physical pain and suffering
• Emotional distress
• Cost of repairing or replacing personal property

How Long Do I Have to File a Lawsuit After a Truck Accident?

In Virginia, you generally have two years from the date of a truck accident to file a lawsuit seeking compensation for your injuries and losses. Though a few narrow exceptions may apply in certain situations, missing the deadline normally results in your case being dismissed in court. In turn, this will also give the at-fault party the upper hand during settlement negotiations when they realize that you can no longer sue.

Contact a Virginia Truck Accident Lawyer

If you or someone you love were injured in a jackknife truck accident, the legal team at Lichtenstein Law Group is standing by to help you deal with the aftermath. Our attorneys have extensive experience helping injury victims throughout Virginia secure the justice, accountability, and compensation they deserve. We are ready to put that experience to work for you. Contact us today to schedule a free consultation with a knowledgeable truck accident =attorney.

The post Why Are Jackknife Truck Accidents So Dangerous? appeared first on Lichtenstein Law Group PLC.

How Long Do I Have to File a Truck Accident Claim in Virginia?

Accidents involving large commercial trucks are some of the most serious we see in our work as personal injury attorneys. Injured victims in these accidents may be entitled to significant compensation from at-fault drivers and trucking companies. However, the statute of limitations governing personal injuries in Virginia gives them only two years from the date of the accident to file a claim. 

Because failure to comply with this deadline nearly always destroys your right to seek compensation in court, the best thing to do after a truck accident is to consult with an attorney as soon as possible. The skilled legal team at Lichtenstein Law Group is ready to explain your legal rights, evaluate your case, and make sure the filing deadline is not missed. Contact us today to schedule a free consultation with an experienced truck accident lawyer.

How Common are Truck Accidents?

Truck accidents are a common occurrence across the country and lead to thousands of deaths each year. According to the National Highway Traffic Safety Administration (NHTSA), nearly 5,000 people lost their lives to truck accidents in one recent year alone, and another 150,000 were injured. According to the National Safety Council (NSC), of the crash victims killed, 70 percent were riding in a vehicle other than the involved truck. This number reveals the disadvantage of passengers in smaller vehicles when involved in an accident with a large commercial truck.

What are the Most Common Causes of Truck Accidents?

Due to their enormous size, accidents involving large commercial trucks often lead to catastrophic results. Accordingly, commercial truck drivers are expected to comply with more safety regulations than other road users. Even so, accidents happen. Some of the most common causes of truck accidents include the following:

• Driver error or negligence – Most truck accidents are caused by simple human error. Things like speeding, following too closely, changing lanes without checking surroundings, and texting while driving all increase the risk of causing an accident.
• Driving under the influence – As we all know, driving under the influence of alcohol or drugs is illegal and extremely dangerous. The results can be especially devastating in cases involving large trucks.
• Driver fatigue – Truckers hauling goods across long distances often drive for much longer periods than other drivers, which can lead to fatigue. In fact, driving for more than 20 hours without sleep is the equivalent of driving with a blood-alcohol concentration of 0.08%, the legal limit. Like alcohol, exhaustion reduces reaction time, impairs judgment, and increases the risk of causing an accident.
• Poor training and driver inexperience – Commercial trucks are more difficult to operate than smaller, more commonplace vehicles. Accordingly, truck drivers are required to carry a commercial license and undergo specialized training. Even with these precautions in place, however, driver inexperience significantly increases the risk of accidents. Trucking companies that fail to adequately screen or train their drivers may face liability in the event of an accident.
• Unsecured loads – Cargo must be properly loaded to make sure it remains stable during transit. Improperly loaded cargo may shift within the truck, causing the driver to lose control of their vehicle. Parties responsible for loading cargo may be held liable for resulting accidents and injuries.
• Mechanical failures – Commercial trucks undergo lots of wear and tear. Trucking companies must make sure their vehicles are regularly inspected, properly maintained, and compliant with minimum safety standards. When a mechanical failure leads to accidents and injuries, maintenance crews and contractors may be on the hook.
• Poor weather conditions – Things like rain, snow, ice, and fog can impair visibility and make it difficult to control unwieldy trucks on the road. Drivers should take extra precautions when driving in these conditions. Failure to do so can lead to liability when it results in an accident.

What Is the Statute of Limitations for Filing a Truck Accident Claim in Virginia?

In Virginia, injury victims normally have two years from the date of a truck accident to file a lawsuit seeking compensation from the at-fault party. This may seem like plenty of time. However, remember that it can take months to thoroughly investigate a serious truck accident, identify all sources of liability, research the governing law, build a strong case, negotiate with insurers, and litigate a case in court.

Further, the more time that passes after an accident, the higher the risk that key evidence will deteriorate or disappear. For these reasons, it is best to consult with an attorney as soon as possible after an accident and well before the filing deadline approaches.

Can the Statute of Limitations Be Extended?

Under certain circumstances, the statute of limitations can be paused (“tolled”). For instance, if an injury victim is a minor at the time of the accident, the deadline may be paused until they reach their eighteenth birthday. Similarly, the deadline may be paused if the plaintiff is disabled at the time of the accident.

The statute governing personal injuries in Virginia also creates an exception in cases involving intentional wrongdoing to hide liability. Specifically, the deadline may be extended “in cases in which fraud, concealment, or intentional misrepresentation prevented discovery of the injury within the two-year period.”

However, even if you think one of these exceptions may apply in your case, it is still a very good idea to speak to an attorney as soon as possible after a truck accident. The consequences of inadvertently missing the correct deadline can be devastating to your case, and the best way to avoid them is simply by not taking any risks.

What Happens If I Miss the Deadline?

If one of the narrow exceptions discussed above does not apply, cases filed after the governing deadline passes are nearly always dismissed in court. This will eliminate your right to seek legal compensation, as well as your bargaining power during settlement talks with the at-fault party and their insurers. With the threat of a lawsuit eliminated, you will lose the upper hand during negotiations, leaving the other side with little incentive to make a fair offer.

Contact a Virginia Truck Accident Lawyer

If you or someone you love suffered injuries in a truck accident, seek legal help as soon as possible. At Lichtenstein Law Group, a skilled attorney is standing by to listen to your story, make sure you know your rights, and develop a solid legal strategy for securing the compensation you deserve. Contact us today to schedule a free, no-obligation consultation.

The post How Long Do I Have to File a Truck Accident Claim in Virginia? appeared first on Lichtenstein Law Group PLC.

Is Virginia a No-Fault State for Car Accidents?

Did you suffer injuries in a Virginia car accident? You’re likely wondering who will pay for your medical bills, vehicle repairs, and other losses. Financial relief could be possible for you. If someone else caused the wreck, Virginia’s auto insurance system gives you the right to demand compensation from the responsible party(s).

Some states use a no-fault model for auto accident claims. Not Virginia. Virginia follows an “at-fault” or “fault-based” system for car accidents. This system allows crash victims to file insurance claims or personal injury lawsuits against at-fault drivers or other liable third parties after a crash.

Although fault-based car accident systems seem straightforward, seeking compensation is often challenging because you must prove the other party is responsible. Making matters more complex is the fact that the Commonwealth has some of the harshest negligence laws in the country.

At Lichtenstein Law Group PLC, our Virginia car accident lawyers fight to help the wrongfully injured obtain maximum compensation for their losses. Let us handle every aspect of your legal claim while you recover from your injuries and focus on what’s next. Contact us today for a free consultation.

Car Accident Statistics in Virginia

Recent car accident statistics from the Virginia Department of Motor Vehicles highlight the frequency and severity of motor vehicle collisions in the Old Dominion:

• On average, a car accident occurred every 4.4 minutes in a recent year.
• An estimated 161 people sustained injuries from car accidents each day.
• There were 118,498 car accidents in Virginia.
• Of those crashes, 6,749 involved alcohol.
• A staggering 24,620 Virginia car accidents were due to speeding, a 10-percent spike in just one year.
• Nearly 21,000 collisions involved distracted drivers.
• There were 968 traffic deaths, jumping 14 percent from the prior year.

 What is the Difference Between At-Fault and No-Fault Systems?

Most states use at-fault auto insurance systems for car accident claims. A dozen states have no-fault systems, and only three use “choice” systems that allow drivers to opt into either at-fault or no-fault systems. The key distinctions between the systems revolve around whether accident victims have the right to sue or file claims against third parties and who pays for accident victims’ losses.

At-fault states like Virginia allow car accident victims to seek compensation if another party’s negligence contributes to a crash. Drivers in at-fault states carry liability insurance policies, which pay for injuries and related losses when the policyholder is at fault for an accident. Insurance providers in at-fault states pay for these losses up to the policy limits. If an accident victim disagrees with a settlement offer from the insurer or their losses exceed the limits of the available policy, they can pursue compensation through a car accident lawsuit in court.

The rules are different in a no-fault state. Drivers must purchase no-fault insurance, requiring them to file initial injury claims with their own providers first. Those insurers pay no-fault claims no matter who caused the wreck. This guaranteed form of accident coverage decreases the need for accident victims to seek compensation from other parties. But it also has drawbacks, establishing limits on who is eligible to seek compensation in court.

However, accident victims in no-fault states can usually step outside the no-fault system and file personal injury claims against third parties under certain conditions. Usually, this is possible when they sustain severe crash injuries or incur accident-related expenses that exceed specific dollar thresholds.

What are the Auto Insurance Requirements in Virginia?

As an at-fault state, Virginia requires drivers to carry minimum amounts of liability insurance coverage or pay an uninsured motorist fee to drive at their own risk.

Minimum insurance requirements for policies effective Jan. 1, 2022 include:

• $30,000 per person in bodily injury liability coverage
• $60,000 per accident in bodily injury liability coverage
• $20,000 per accident in property damage liability coverage

It’s wise to purchase as much car insurance coverage as you can in Virginia, including optional uninsured and underinsured motorist coverage. There’s no guarantee that an uninsured motorist will have the resources to pay for your losses even if you take them to court, so you can protect yourself by carrying as much liability insurance coverage as possible.

How Do You Prove Fault in a Virginia Auto Accident?

To obtain compensation in a Virginia auto accident case, you must prove the other party was at fault or negligent in a way that contributed to the crash and your injuries.

If you can show the other party violated certain traffic laws, such as by speeding or driving under the influence, you could have a negligence per se case. That means you only need to prove the violation occurred to hold the other party responsible. Otherwise, you will need to provide evidence that the other party was negligent and that their recklessness directly caused the accident that injured you. An experienced car accident attorney can investigate your case and gather the necessary proof to build a compelling claim for compensation.

What Does Contributory Negligence Mean in Virginia?

Virginia’s pure contributory negligence law can drastically limit an accident victim’s ability to recover compensation for their losses. The rule says crash victims cannot obtain money for their losses if they are found even one percent at fault for an accident. No insurance company wants to make a payout, so it’s guaranteed that adjusters will search for any reason to push responsibility for the collision onto you. A knowledgeable injury lawyer can protect you from being unfairly blamed for a wreck.

What is the Deadline for Filing a Virginia Car Accident Lawsuit?

If you cannot recover fair compensation from a car accident insurance claim, you may need to take the other party to court. Virginia law gives you two years from the date of the accident to sue. The team at Lichtenstein Law Group can help you identify critical deadlines and keep your case on track from day one.

How Can a Virginia No-Fault Car Accident Lawyer Help?

When you call Lichtenstein Law Group PLC for help after a Virginia car accident, you can rest easy knowing your case is in good hands. We will work tirelessly to demand the compensation you deserve for your losses. Contact us today for a free case review.

The post Is Virginia a No-Fault State for Car Accidents? appeared first on Lichtenstein Law Group PLC.

A Guide to Injuries and Damages in Virginia Medical Malpractice Cases

As patients, we trust doctors and healthcare providers to deliver quality medical treatment. But when physicians fail to meet expected standards of care, the consequences can be devastating. Hundreds of thousands of people in the U.S. suffer serious injuries due to medical malpractice every year. Many of them die.

Virginia law allows malpractice victims to seek financial compensation for losses caused by medical negligence. However, these cases get complicated quickly. Understanding what you’re up against and how to build a solid case is critical. An experienced lawyer from Lichtenstein Law Group PLC can serve as your guide to Virginia medical malpractice cases.

Our medical malpractice attorneys know these cases are highly technical and some of the most difficult to litigate. With over 100 years of combined experience, our legal team can craft a case that stands up to the toughest challenges from doctors and their Big Business insurers. If you or a loved one has been the victim of medical malpractice, contact us today for a free consultation.

What is Medical Malpractice?

Virginia Code (V.C.) § 8.01-581.1 defines medical malpractice as any negligent act, omission, or breach of contract by a healthcare provider for services provided — or services they should have provided — that results in the injury or wrongful death of a patient. In other words, a healthcare professional who hurts their patient by rendering improper medical care has likely committed medical malpractice.

Because healthcare providers usually work with people who are already ill, it can be challenging to determine when a patient suffers from a pre-existing condition or a new condition brought about by a provider’s negligence. To that end, V.C. § 8.01-581.20 outlines the legal standards for establishing malpractice.

In any medical malpractice case, investigators look to the relevant standard of care to determine whether a provider may have committed malpractice. The standard of care refers to the level of skill and attentiveness a reasonably competent healthcare professional would provide in a given situation. If a provider deviates from the standard of care, they may be liable for malpractice.

Examples of Medical Malpractice Injuries

Medical malpractice can result in both physical and psychological injuries.

Physical injuries include any harm that affects the body. Examples include untreated infections, wounds from surgical errors, and injuries sustained due to delayed treatment. The physical pain and suffering accompanying many injuries may also be compensable in a medical malpractice claim.

Psychological injuries involve mental and emotional suffering. Virginia courts are typically reluctant to award compensation for psychological injuries unless a physical injury accompanies them. Malpractice victims with valid claims may be entitled to compensation for psychological injuries such as mental anguish from a child’s preventable birth injuries or distress over their own health prospects.

How to File a Medical Malpractice Claim in Virginia

If you suspect you have grounds for a medical malpractice claim in Virginia, take these steps to establish a strong foundation for your case:

• Obtain your medical records. Doctors and hospitals must provide your records within a few days of receiving your request. You may need to pay a fee.

• Contact an experienced medical malpractice attorney. A knowledgeable lawyer will review the records to determine whether you have a valid case for compensation.
• Seek a second opinion. If your attorney believes you have grounds for a medical malpractice claim, they’ll ask an expert to review your records. An expert can shed light on whether they believe the clinician breached the standard of care. They must put their opinion in writing.

• File the lawsuit. Your lawyer can draft your complaint and file it with the court. Both sides will begin gathering evidence and witness testimony to support their case.

Ideally, your medical malpractice case will resolve in a settlement without the need for trial. But if the insurance company refuses to settle, you may need to take your case to trial.

What Types of Compensation Can I Receive?

With a successful medical malpractice claim, you could recover compensation for the following types of losses:

• Past and future medical expenses
• Physical therapy and rehabilitation costs
• Lost wages and earning capacity
• Pain, suffering, and lost quality of life

Are There Caps on Medical Malpractice Damages?

Yes, there are statutory limits on how much compensation you can recover from a Virginia medical malpractice claim. Under V.C. § 8.01-581.15, the maximum amount available in medical malpractice cases is based on the date when the malpractice occurred, as follows:

• July 1, 2012 – June 30, 2013 – $2.05 million
• July 1, 2013, – June 30, 2014 – $2.10 million
• July 1, 2014, – June 30, 2015 – $2.15 million
• July 1, 2015, – June 30, 2016 – $2.20 million
• July 1, 2016, – June 30, 2017 – $2.25 million
• July 1, 2017, – June 30, 2018 – $2.30 million
• July 1, 2018, – June 30, 2019 – $2.35 million
• July 1, 2019, – June 30, 2020 – $2.40 million
• July 1, 2020, – June 30, 2021 – $2.45 million
• July 1, 2021, – June 30, 2022 – $2.50 million
• July 1, 2022, – June 30, 2023 – $2.55 million

The medical malpractice caps will increase by $50,000 every year until 2031.

Statute of Limitations for Medical Malpractice Claims in Virginia

Like all states, Virginia has a statute of limitations on medical malpractice claims. This law imposes strict time limits on your ability to file suit, typically two years from the date when the malpractice occurred. If you wait to file your lawsuit until after the deadline passes, the court will most likely dismiss your case, and you will lose your right to demand compensation for your losses.

However, the law also recognizes several exceptions that can extend the time limit for medical malpractice cases. These include:

• Cases involving foreign objects – If a surgeon or other provider leaves a foreign object with no therapeutic or diagnostic effect in a patient’s body, the patient has one year from the date when they discovered (or reasonably could have discovered) the object to file suit.
• Cases involving fraud or deception – If a provider engages in fraud, concealment, or intentional misrepresentation to prevent a patient from discovering malpractice occurred, the patient has two years from the date when they discovered (or reasonably could have discovered) the malpractice to sue.
• Cases involving malignant cancers – If a doctor fails to diagnose certain malignant tumors, cancers, or types of schwannoma, the patient has one year from the date when they finally receive a correct diagnosis in which to sue.

The law also includes a statute of repose, which draws a hard deadline for medical malpractice lawsuits at 10 years from the date when the malpractice initially occurred. However, if a patient is legally incapacitated or under 18 when the medical malpractice occurs, the usual 10-year statute of repose may not apply. The patient may proceed with a lawsuit when they reach legal adulthood or their disability ends.

Contact Our Lawyers Today

You deserve answers and accountability if you suffered malpractice by a doctor, nurse, or other healthcare providers. Turn to the legal team at Lichtenstein Law Group PLC. Our medical malpractice attorneys will review your case and discuss your options in a free consultation. Call or contact us today to get started.

The post A Guide to Injuries and Damages in Virginia Medical Malpractice Cases appeared first on Lichtenstein Law Group PLC.

How Do You Determine Who Is At Fault for an Accident?

When you are injured in a car accident, you have to look after your health and safety. In the moments after your injury, it’s difficult to think of practicalities like gathering evidence to prove that someone else was to blame. Legal concerns may be the farthest thing from your mind.

You have the right to financial compensation if someone else caused your injury through reckless or negligent driving. But it’s not as simple as just asking for it. When you make an accident claim, the insurance company and their adjusters will evaluate the collision to determine who they think was at fault. If your claim proceeds to a trial in a Virginia court, the judge or jury will decide instead.

Remember that insurers are businesses interested in protecting their bottom line. They’ll consult the police report and make a decision regardless of your needs. If they decide you were at fault for your accident, they could try to deny you the settlement you deserve.

Hiring an attorney can help you cut through the insurance company’s red tape by:

• Independently investigating the accident

• Finding the right evidence

• Calculating the full extent of your losses 

• Demanding full and fair compensation from the at-fault party

With over 100 years of combined experience, the knowledgeable personal injury attorneys at Lichtenstein Law Group PLC have the skills and resources to tackle even the toughest cases. Our full-service law firm can help you understand your legal options and fight for the just compensation you’re owed.

Don’t wait to stand up for your rights if you were injured in an accident through no fault of your own. Schedule a free consultation to find out how. Call Lichtenstein Law Group PLC or fill out our quick online form to get help now.

How Is Fault Proven in Virginia Accident Cases?

It is rare for drivers to admit responsibility after an accident. Instead, representatives for each party usually launch their own investigations to determine whose negligence gave rise to the accident. 

Insurance companies and the courts look at this evidence alongside official evidence like police reports to decide who is at fault for the accident and who should receive compensation for the damages they’ve suffered. To prove that another party was at fault for your collision, your attorney must show that:

• The other party had a duty to protect you in some way, such as a responsibility to protect other people on the road by obeying traffic laws.
• The other party failed in this duty by doing something negligent, careless, wrongful, or reckless.
• Their failure to uphold their duty caused the accident and your injuries.
• You suffered damages, such as medical bills and lost wages, because of the accident.

Is Virginia a Fault or No-Fault State?

Virginia is a “fault” state, which means that the party who is liable for the accident is typically responsible for compensating victims for their injuries and other losses caused by the accident.

Virginia also follows a pure contributory negligence rule, which means that you can’t be held partially liable for an accident and still receive damages. This rule makes it very important to demonstrate that you were not at all responsible for causing the crash.

What Is Contributory Negligence?

Virginia has some of the strictest accident compensation laws in the United States. The state’s “pure contributory negligence” doctrine prevents anyone who is even 1% at fault for their accident or injuries from claiming compensation.

This law makes it especially important for victims to work with a skilled Virginia attorney who can help protect you from this harsh standard. Your attorney will work to show that you didn’t cause the accident and demonstrate the other driver’s complete liability for the crash.

Sometimes insurers show up at accident scenes or contact victims shortly afterward to take advantage of the victim’s shock and try to trick them into giving a written or recorded statement about the accident. In Virginia, insurers can use these statements to keep them from claiming fair compensation.

When you work with an experienced lawyer, they’ll speak with insurers on your behalf and negotiate for the compensation you’re owed. You won’t have to risk saying something that an insurer can use against you or bother talking to them at all.

Do I Need to Go to a Doctor After My Accident to Confirm My Injuries?

It is critical to go to a doctor as soon as possible after a car accident. Some injuries aren’t obvious until long after an accident. Without treatment, they can continue to worsen and may become life-threatening. A medical professional can examine you for hidden injuries, like concussions or internal bleeding.

The medical report that your doctor generates after your visit can help prove the cause and severity of your injuries. If you wait too long after an accident to see a doctor, the other party might try to claim that your injuries aren’t as bad as you say they are or that something else, such as an underlying medical condition, caused your injuries.

What Evidence Should I Gather After an Accident?

Every car accident is different, but you’ll need some crucial evidence to prove that someone else caused the crash. Your lawyer can help you get it, including:

• A copy of the official accident report from police, which usually includes basic information about the crash and what each party and witnesses said happened.
• Citations issued by police to the other driver for things like running a red light, tailgating, speeding, driving on the wrong side of the street, or making an illegal turn.
• Photos of your injuries and property damages.
• Statements, names, and contact information of any witnesses and other people involved in the accident.
• Pictures of the accident scene, including skid marks, the position of both vehicles, damages to both vehicles, warning signs, traffic signals, and road conditions.
• Videos or pictures captured by red-light cameras, dashcams, and security cameras.
• Reports on vehicle recalls or failures.
• Evidence that the other driver might have been driving distracted or under the influence, such as empty alcohol bottles, food wrappers, or phone records.
• Comments on social media by the other party or parties in the accident.
• Test results of a driver’s blood-alcohol concentration.

Your attorney might hire consultants to help gather additional evidence and testify to help prove your case. For example, an accident reconstruction specialist can procure GPS data or a truck’s data recorder, and use the data and other information to provide an analysis of the crash that supports your case.

Talk to a Virginia Personal Injury Attorney

If you were seriously injured in an accident caused by someone else, you deserve compensation for your medical bills, missed work, pain and suffering, and other losses. The attorneys at Lichtenstein Law Group PLC are prepared to fight for your rights. Contact us today by phone or online to schedule your free initial consultation.

The post How Do You Determine Who Is At Fault for an Accident? appeared first on Lichtenstein Law Group PLC.