Who Is at Fault After a Left Turn Accident?

Left-turn accidents often occur because the driver turning left did not see an approaching car or they thought they could beat it. However, the driver turning left must yield the right-of-way to oncoming traffic. If a collision occurs, the turning driver is usually found at fault.

Intersections rank among one of the most frequent locations for motor vehicle accidents. Vehicles traveling in all different directions are able to safely move past one another at intersections, thanks to traffic controls and rules of the road. When accidents at intersections, such as left-hand turn accidents, do occur, the drivers involved in the accident need to figure how who bears responsibility for causing the crash.

If you or a family member have been involved in a left-turn car accident you believe was caused by another driver’s negligence or recklessness, contact the Roanoke car accident lawyers of Lichtenstein Law Group PLC to set up an initial case evaluation to discuss your accident and learn more about your legal rights and options. Call us today at (540) 685-1075.

When Is a Left-Hand Turn Legal in Virginia?

Virginia law requires any vehicle making a left turn to yield the right of way “to any vehicle approaching from the opposite direction if it is so close as to constitute a hazard.” A left-turning vehicle only has the right of way over other vehicles when the left-turning vehicle is turning on a green left-turn signal in a signal-controlled intersection. However, the left-turning vehicle must still yield to any vehicles and (more importantly) pedestrians lawfully in the intersection.

What Is the Liability Surrounding Left-Hand Turns?

In most left-hand turn accidents, the left-turning driver is presumed to have been at fault for the accident, since under most circumstances, the left-turning driver must yield the right of way. However, under certain circumstances, the other motorist or individual involved in the accident may bear some or all the liability for the accident, including when:

• The left-turning vehicle has a green left-turn arrow, and the other vehicle or pedestrian is not lawfully in the intersection.
• The oncoming vehicle failed to stop at a red light or stop signs.
• The oncoming vehicle was speeding, which makes it difficult for a left-turning driver to gauge the distance and speed and, therefore, the safety of making the left-turn.
• Another party caused some sort of obstruction in the intersection that forced a left-turning driver with a clear path to either delay or stop their turn or move out of the normal turning path (for example, a pedestrian illegally entering the intersection).

If the other, oncoming driver committed some other act of negligence leading up to the accident (for example, the driver was intoxicated, fatigued, or distracted by a cell phone), that can also affect the liability for a left-hand turn accident. Virginia follows the older contributory negligence rule, which states that if an injured party bears any share of liability for their injuries, they cannot recover compensation from another party, even if that party was primarily responsible for the accident.

How Is Fault Determined in a Left-Hand Turn Accident?

Although left-turn accidents begin with the presumption that the left-turning driver was at fault for the accident, a review of evidence from the accident can lead to a determination that another motorist or another party bears some or even all the fault for causing the accident. Evidence used to determine fault for left-hand turn accidents includes:

• Damage to the vehicles involved
• Debris left on the road
• The resting positions of the vehicles after the crash
• Skid marks on the road
• Surveillance camera or dashcam footage
• Eyewitness accounts of the accident
• Vehicle recorder data
• Police accident reports

In many cases, this evidence is used by experts to create an accident reconstruction report, which uses scientific methods to determine how the accident occurred and, based on traffic laws and rules of the road, identify liability for causing the accident.

How Do Left-Hand Turn Accidents Most Commonly Happen?

The overwhelming majority of intersection accidents, including left-hand turn accidents, occur due to driver-related negligence. Some of the most common causes of left-turn accidents include:

• Poor visibility due to low lighting or heavy rain, snow, or fog
• Obstructed views
• Misjudging the distance and speed of oncoming traffic
• Misjudging the length of an intersection
• Distracted driving (such as due to texting and driving)
• Fatigued or drowsy driving
• Driving under the influence of alcohol and/or drugs
• Unlawful driving, such as failure to yield the right of way, failure to signal, speeding, or making an illegal turn

What Should I Do After Being Involved in a Left-Hand Turn Accident?

When you’ve been involved in a left-hand turn accident, you should take the following steps to help protect your legal rights and options for pursuing compensation for any injuries and damages you may have suffered in the accident:

• Call 911 if you or someone else has been injured; otherwise, contact the police department to have an officer deployed to the scene to prepare a police accident report.
• Get the names, contact information, license information, vehicle registration information, and insurance information for each of the drivers involved in the accident.
• Get the names and contact information for any eyewitnesses to the accident, in case you later need to contact them for a statement.
• Take photos or videos of the accident scene, including damage to the vehicles, the traffic controls at the scene, and any other details relevant to your accident.
• Notify your insurance company of the accident, even if you don’t think you were responsible for causing the accident.
• Follow up with your physician or another medical provider to get examined for any injuries you may have suffered in the accident.
• Talk to a car accident attorney about your case to learn more about your legal rights and options for recovering compensation for any injuries or damages you might have suffered.
• Keep records of the bills, invoices, and receipts of the expenses you incur from injuries and damages you sustained in the accident.
• Keep a diary or journal of your physical recovery from injuries, including how your injuries, and the pain and difficulties they cause you, negatively impact your life.

After you or a loved one have been injured in a left-hand turn accident through no fault of your own, don’t hesitate to learn more about how our firm can help you pursue the financial compensation you need and deserve. Schedule a free consultation with the Roanoke auto accident attorneys at Lichtenstein Law Group PLC today by calling (540) 685-1075.

The post Who Is at Fault After a Left Turn Accident? appeared first on Lichtenstein Law Group PLC.

Who Can File a Wrongful Death Action in Virginia?

Virginia law provides a way for the victim’s family to pursue compensation following a wrongful death. The Virginia Wrongful Death Statute states that the personal representative of the estate must file a wrongful death action in Virginia. Any damages received by this type of claim go to the decedent’s statutory beneficiaries, beginning with their surviving spouse and children.

Losing someone you love as the result of a preventable tragedy is one of the most painful experiences anyone can endure. Unfortunately, these tragic and unexpected losses are often quickly followed by overwhelming financial stress as the survivors deal with the deceased’s final expenses and potentially lose a crucial household income.

If you are struggling to cope with staggering monetary obligations on top of losing a loved one, you may have the right to pursue financial relief with a wrongful death lawsuit. No amount of money could ever make up for your loss, but the rightful compensation you could obtain with a successful claim can provide the closure and stability you need to heal.

The Roanoke, Virginia wrongful death attorneys of Lichtenstein Law Group PLC have nearly 100 years of combined experience serving surviving loved ones of people who were fatally injured by other people’s negligence. Let us offer you the peace of mind that comes from knowing your case is in good hands. Virginia Wrongful Death Statute.

Contact us for a free and confidential consultation with a professional lawyer to get started.

What Is a Wrongful Death Lawsuit?

Under Virginia law, any death caused by another person or entity’s negligence is considered a wrongful death. A wrongful death lawsuit is a special kind of personal injury lawsuit filed on behalf of the fatally injured person.

Since a person who suffers a wrongful death cannot claim compensation, the right to sue passes instead to surviving family members or other personal representatives of the deceased. A wrongful death claim is a type of civil lawsuit. The deceased’s survivors can file such a case even if criminal charges are already pending against the at-fault party.

In a criminal case, prosecutors seek to hold at-fault parties responsible for their actions by arguing in favor of legal fines, probation, and prison time. In civil cases, such as wrongful death actions, survivors of the deceased instead pursue justice in the form of monetary compensation for their losses. The two matters are entirely separate. A civil wrongful death claim could still find success even if the criminal case ends in dropped charges or an acquittal.

Statutory Beneficiaries in Virginia

In Virginia, wrongful death lawsuits are filed on behalf of the deceased’s surviving family members and legal heirs. However, not all family members and heirs who stand to benefit can file a wrongful death claim. According to state law, one or more of the deceased’s “statutory beneficiaries” must file wrongful death lawsuits.

A “statutory beneficiary” is usually understood as a family member or dependent of the deceased who was the legal right to recover compensation in a wrongful death claim. Virginia’s wrongful death laws outline the order in which beneficiaries have priority to file a wrongful death action:

• Surviving spouses, children, and grandchildren have the initial right to file a wrongful death lawsuit.
• If the deceased has no spouse, children, or grandchildren, the right to file a wrongful death lawsuit passes to surviving parents, siblings, and dependents.
• If no parents, siblings, or other dependents survive the deceased, the right to file a wrongful death lawsuit passes to whoever would have the right to inherit from the deceased under Virginia’s estate laws.

What Compensation Can You Recover?

With a successful wrongful death lawsuit, you could recover compensation for several types of financial and personal losses. According to the Virginia legal code, payment may be awarded in a wrongful death claim for:

• Medical expenses associated with the treatment of the deceased’s fatal injury or illness before their death
• Reasonable funeral and burial expenses incurred by the family of the deceased
• The value of any lost wages or benefits provided by the deceased, including potential future wages and benefits they were likely to earn if they had survived
• Sorrow and psychological anguish endured by the family of the deceased
• The loss of the care, companionship, guidance, comfort, and advice provided by the deceased
• Punitive damages, if the actions of the at-fault party responsible for the wrongful death were extremely negligent or intentionally harmful

What to Do Next If You Qualify as a Statutory Beneficiary

If you suspect that you qualify as a statutory beneficiary as a result of a loved one’s wrongful death, there are several steps you can take to protect your rights and your loved one’s estate:

• Gather as much information as possible from the at-fault party, including their contact information and insurance details.
• Collect evidence that could be useful in supporting your claims, such as medical records, photos of your loved one’s injuries, and video footage from the accident.
• Record any expenses or losses you incur due to your loved one’s wrongful death, including medical bills, repair expenses, and lost wages.
• Review your loved one’s will and other estate planning documents to learn more about their final wishes and the personal representative they may have named.
• Contact a knowledgeable Virginia wrongful death attorney for a free case review.

How Our Lawyers Help Families in Wrongful Death Cases

Wrongful death cases are some of the most complicated and emotionally challenging matters we handle here at Lichtenstein Law Group PLC. We can help you through this challenging time by:

• Explaining the laws and legal restrictions that could affect your claim
• Determining who is legally eligible to act as the personal representative of your loved one’s estate
• Estimating the potential value of your wrongful death claim
• Communicating with insurers, lawyers, and other parties on your behalf
• Gathering and preserving valuable evidence supporting your claim
• Working with expert witnesses, such as physicians and accident reconstruction specialists, to determine the exact cause of death
• Managing legal paperwork and important deadlines so you don’t have to
• Negotiating for a full and fair settlement on behalf of your loved one’s estate

Get Help from an Experienced Virginia Trial Lawyer Now

If you are filing for wrongful death in Virginia due to another party’s negligent or intentional actions, you have the right to seek compensation for your losses. The compassionate wrongful death lawyers of Lichtenstein Law Group PLC want to help you seek all recoverable damages in your case, including loss of income for a dependent and pain and suffering.

To discuss your claim’s details with an experienced lawyer, contact us now for a free initial case review.

The post Who Can File a Wrongful Death Action in Virginia? appeared first on Lichtenstein Law Group PLC.

How Longer Tractor-Trailer Braking Distances Lead to Truck Accidents

To prevent collisions, drivers must constantly anticipate how long it will take them to stop and adjust their following distances accordingly. There are several popular tricks for gauging safe following distances, including timing how long it takes to pass a fixed point and maintaining a certain number of vehicle lengths behind the traffic ahead.

Regardless of the method, each driver is responsible for leaving enough braking distance to come to a complete stop if another vehicle brakes unexpectedly. That includes tractor-trailer operators, who handle massive vehicles multiple times longer and heavier than the average car. A large truck’s additional size and weight lead to significantly longer braking distances, especially when fully loaded trucks go downhill or drive in poor conditions.

Truck drivers must undergo extensive testing and training before being licensed to operate commercial tractor-trailers. They are taught how to handle these huge vehicles safely and must understand the potentially catastrophic risks of making a mistake that results in an accident.

Unfortunately, many truck drivers still take unnecessary risks that endanger themselves and other road users. These operators engage in distracted driving, speeding, and other negligent behaviors that decrease the time or distance they have to stop and increase the risk of devastating collisions.

If you have been injured in a Virginia truck accident caused by a negligent driver, you may be entitled to compensation. At Lichtenstein Law Group PLC, we can help you determine the potential value of your case and demand the money you are owed. Contact us today to learn more about your legal options in a free initial consultation.

How Long Does It Take a Fully Loaded Tractor-Trailer to Come to a Full Stop?

According to estimates from the Federal Motor Carrier Safety Administration (FMCSA), standard passenger cars take approximately 300 feet to reach a complete stop when traveling at 65 mph. In contrast, a fully-loaded tractor-trailer traveling at the same speed would take about 525 feet to stop – roughly 75 percent longer.

Large trucks require even more stopping distance when carrying heavy loads, going down steep grades, or driving through adverse weather conditions like snow and ice. Poorly maintained and maladjusted brakes can also extend the distance, as can worn tire treads.

The National Highway Traffic Safety Administration (NHTSA) has issued new braking requirements for commercial trucks to reduce the risks associated with long stopping distances. Under the new standards, tractor-trailers must be equipped with brakes that allow them to reach a complete stop within 250 feet while traveling at 60 mph, reducing nearly 30 percent of the previous maximum stopping distance of 355 feet. The new standard also states that “lightly loaded” tractor-trailers must be able to stop within 235 feet under the same conditions.

According to NHTSA’s estimates, these new requirements have prevented hundreds of deaths and serious injuries each year. They have also reduced property damage costs by at least $169 million per year, significantly more than the cost of complying with the new standards.

Why Does It Take Trucks Longer to Stop Than Cars?

A large commercial truck’s substantial size and weight influence how the truck accelerates, decelerates, handles, and stops. But other factors increase braking distance for tractor trailers, too.

One of the most significant factors is “brake lag.” Brakes on large tractor-trailers are air brakes, which are not the same as the hydraulic brakes used in most passenger vehicles.

When a truck driver engages the truck’s air brakes, it takes a moment for the air inside the brake system to build up and slow everything down. This split-second can be the difference between a safe stop and a disastrous wreck at high speeds.

What Is the Difference Between Air Brakes and Hydraulic Brakes?

A “hydraulic” mechanism is operated by fluid in motion. Most passenger cars use hydraulic brake systems, which use special brake fluid to engage the brakes when a driver steps on the brake pedal. Brake fluid is non-compressible, so when pressure is applied to a brake pedal, the fluid moves through the brake line and begins slowing the vehicle almost instantly.

Large tractor-trailers use air brakes because they tend to be more reliable and easier to replace. But because air brakes rely on the pressure of compressible air, they take slightly longer to engage than hydraulic brakes. When a truck driver pushes their brake pedal, several things must happen before the truck begins to slow down:

• An air compressor forces air from a brake chamber through the airlines.
• The compressed air presses on a piston.
• The piston applies pressure to brake pads or shoes.
• The friction from the brake pad or shoe slows down the vehicle.

If a Truck’s Brakes Fail, Is the Driver at Fault for The Accident?

The short answer is that it depends. Licensed commercial drivers are expected to have the knowledge and experience needed to handle their vehicles safely at all times. That includes maintaining safe following distances, performing regular brake inspections, and conducting routine maintenance.

If a brake failure occurs because a manufacturer provides a defectively designed or manufactured component, the manufacturer could be liable. Similarly, a trucking company could be responsible if it failed to properly maintain the trucks provided to its drivers.

However, truck drivers must maintain complete control of their vehicles under any circumstances. Even if a manufacturer or trucking company was at fault, the driver might still share a portion of the liability. If a truck’s brakes fail because the driver did not inspect or maintain their vehicle properly, they could also be liable if they injure someone in an accident.

Contact a Roanoke Truck Accident Lawyer Today

If you were injured in a truck crash caused by brake failure, the first call you should make is to the Virginia truck accident lawyers at the Lichtenstein Law Group PLC. We know how to handle commercial vehicle accident cases, particularly those caused by defective or inadequately maintained parts and systems.

Contact us today to discuss your rights and legal options during a free and confidential consultation.

The post How Longer Tractor-Trailer Braking Distances Lead to Truck Accidents appeared first on Lichtenstein Law Group PLC.

Filing a Virginia Lawsuit for Truck Accidents Caused by Blind Spots

Every vehicle has blind spots. But the blind spots on a commercial truck are huge compared to those on a passenger vehicle, often spanning multiple lanes of traffic. Truckers know how dangerous these areas can be. They are trained to check their blind spots carefully before moving in traffic. Failure to do so can be a recipe for disaster. But disasters happen every day.

Did you sustain injuries in a blind-spot accident in Virginia? You could be entitled to compensation for your injuries and crash-related losses. The skilled truck accident attorneys at Lichtenstein Law Group PLC can review your case and determine whether you have a valid claim in a private case review.

Many crash victims are surprised to learn that a truck accident may not be only the trucker’s fault. Our talented legal team will determine who is liable for your injuries and pursue compensation from all available sources.

Call or contact us today for a free consultation with a Virginia truck accident lawyer.

How Many Blind Spots Do Trucks Have?

Trucks have four major blind spots. Also known as the No Zones, these are the areas motorists should avoid whenever possible:

• Front: Blind spots in the front of a truck can extend as far as 20 feet in front of the cab, making anyone within that range invisible to the driver. For this reason, truckers must not tailgate other vehicles. Similarly, drivers should not cut too closely in front of a truck or risk being unseen and struck from behind.

• Right-side: The largest blind spot on a semi-truck is on the right. Starting just behind the cab and extending the entire length of the trailer, the right No Zone can stretch across three lanes of traffic.

• Left-side: The blind spot on the left side of an 18-wheeler is smaller than on the right but still dangerous. It begins behind the driver’s door and continues at an angle down the trailer across as many as two lanes of traffic.

• Rear: The rear-end No Zone on a truck reaches at least 30 feet behind the end of the trailer. With no rearview mirror in the cab, truckers have no idea what’s behind them, especially if a driver is following too closely.

All drivers should be aware of the dangers of driving in a semi-truck’s blind spots. Yet in heavy traffic, on narrow roads, and in many other situations, it is impossible to stay out of the blind spots completely. The responsibility also falls on truck drivers to be aware of their vehicle’s blind spots and utilize all available mirrors and technologies to avoid accidents.

Why Do Blind Spot Accidents Happen?

Most blind-spot accidents are due to some type of driver error. Common causes of blind-spot truck accidents in Virginia include:

• Failure to check blind spots
• Distracted driving
• Drowsy driving
• Lack of driver training
• Impaired driving
• Aggressive driving
• Poorly adjusted or missing mirrors

Who Is Liable in a Blind Spot Accident?

Truck drivers undergo specialized training before receiving a commercial driver’s license (CDL). That includes instruction on the location of blind spots, what can be done to minimize their size, and the types of blind-spot detection systems available to reduce the risk of crashes. Truckers who disregard their training and fail to check their blind spots can be held liable if they cause a blind-spot crash.

Trucking companies could also be liable for damage caused by their employees during working hours. Employers must conduct background checks to verify that their drivers have a safe driving record before hiring them. Truck companies should also ensure each trucker understands the blind spots on their fleets and what blind-spot technologies are installed to reduce the chances of a crash.

Unfortunately, trucking companies do not always accept responsibility when an accident occurs. Virginia is one of the few states that follows a contributory negligence law. This harsh standard means that if a claimant is found even one percent responsible for a wreck, they cannot collect any compensation.

Because contributory negligence can easily strip injured people of collecting money they deserve, it’s crucial to hire an experienced truck accident lawyer if you’ve been hurt. You can count on trucking companies and their high-powered attorneys to attempt to shift the blame onto you to avoid paying for your injuries. A proven truck accident lawyer from Lichtenstein Law Group PLC can build a compelling case seeking maximum compensation for your losses.

How Do I File a Truck Blind Spot Accident Lawsuit?

Filing a Virginia lawsuit for truck accidents caused by blind spots is a complex process. It should start with hiring a trusted personal injury lawyer with experience handling truck accident cases. Because federal and state laws govern the trucking industry, you need a lawyer who understands how both types of laws apply to your case.

Next, your attorney will conduct a thorough investigation into what caused the crash and determine who should be held liable. Then your legal team will collect the evidence needed to support your claim, including an inventory of your injuries and the financial and personal losses you suffered due to the crash. That information goes to the truck company’s insurer with a demand for compensation.

Ideally, your case will resolve in a full and fair settlement negotiated between your lawyer and the at-fault party(s). However, at Lichtenstein Law Group PLC, we prepare every case as if it will go to trial. That way, we can pivot quickly if the trucking company refuses to provide the compensation you deserve.

Contact a Truck Blind Spot Accident Lawyer in Roanoke Today

With over 100 years of combined experience, the Roanoke truck accident attorneys at Lichtenstein Law Group PLC provide exceptional representation to injured people. Let us focus on building a strong case for compensation while you put your energy into healing and getting your life back on track. There’s nothing to lose by scheduling a free consultation. Call or contact us today to get started.

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What Are the Most Common Causes of Truck Accidents in Virginia?

Truck accidents are a major safety concern for drivers in Virginia. Collisions between semi-trucks and passenger vehicles frequently result in serious injuries to the occupants of the smaller vehicles. Serious injuries can have a significant impact on the victim’s ability to work or enjoy life. If you have been injured in a truck accident, you may face medical bills, lost income, and other expenses through no fault of your own.

The circumstances of a truck accident determine whether you can seek compensation for your injuries and other expenses. Speaking with an experienced truck accident lawyer can help you understand your legal options. Some of the most common causes of tractor-trailer accidents include.

Driver Error

Driver error is a broad category that encompasses many mistakes that truck drivers make that contribute to crashes. Speeding, driving too fast for traffic conditions, and improper lane changes are common truck driver errors that lead to crashes. Distracted driving may involve talking on the phone, eating, looking at a navigation device, or any activity that takes a driver’s focus off the task of driving.

Driver Fatigue

Truck drivers need to be focused at all times when they’re behind the wheel to prevent accidents. Long hours of driving and tight delivery schedules can be exhausting. Many truck accidents are caused by fatigued drivers struggling to stay awake and failing to recognize hazardous situations in time to slow down and avoid a crash.

To help prevent truck accidents caused by driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) has set limits on the number of hours that interstate truck drivers can be behind the wheel without a rest break. The rules are known as hours of service regulations. Drivers who disregard or deliberately break these rules may become dangerously fatigued while driving. This increases their odds of being involved in an accident.

Poor Vehicle Maintenance or Mechanical Failure

One of the frequently overlooked causes of truck accidents is the lack of adequate maintenance. A semi-truck towing a fully loaded trailer can weigh 80,000 pounds, which is 20 to 30 times heavier than most passenger cars. That weight puts a lot of wear and tear on a truck’s parts.

Regular maintenance and inspections help drivers stay on top of potential problems, but sometimes a driver or technician doesn’t take their responsibility seriously. If a truck’s parts are allowed to deteriorate, an accident becomes more likely. Tire blowouts, brake failures, and similar issues are often the result of poor maintenance.

Cargo Imbalance

The cargo in a truck’s trailer or bed should be positioned to maintain a stable weight distribution. It’s also important for the cargo to be secured so it won’t shift in transit. This helps the truck stay upright when accelerating, braking, or making turns.

If a truck’s cargo shifts in transit, it can cause a driver to lose control. A sudden weight shift can cause a truck to overturn. Unsecured cargo that falls off a trail onto the road can cause drivers to swerve and crash.

Speeding

Semi-trucks are among the heaviest vehicles on Virginia roads. Even with an empty trailer, a large truck takes much longer to stop than a car or motorcycle. The faster a truck is going, the more distance it will need to stop safely.  Truck drivers need to be careful to allow enough space between their vehicles and the vehicles in front of them. Truck drivers who tailgate other vehicles can cause a rear-end accident if the vehicle in front stops or slows.

Truck drivers that speed or drive too fast for adverse weather or road conditions in Virginia have less time to react to hazardous situations and avoid a collision.

Truck Defects

While some mechanical failures result from poor maintenance, others result from a design or manufacturing defect with the truck.

These defects can make a truck much more difficult to control, no matter what the driver does. In cases involving defective parts such as defective brakes or tires, the manufacturer of the truck or the defective component may be held liable for an accident.

Poor Practices from Truck Companies

Many trucking companies put pressure on their drivers to meet unrealistic delivery schedules. This pressure can lead truck drivers to speed or take other risks that can put other motorists in danger. A trucking company might push its drivers to ignore hours of service limits or routine maintenance checks, which can also lead to an accident.

Trucking companies are sometimes negligent in their hiring practices. They should hire experienced drivers with safe driving records. A shortage of qualified drivers means companies sometimes hire people who can’t do the job safely.

What Should You Do if You Are Involved in a Truck Accident?

The first thing you should do after an accident is to call 911 to summon police and an ambulance to the scene if anyone needs emergency medical care. If possible, you also should take the following steps:

• Get the truck driver’s name, their employer’s name, and their insurance information.
• Use your phone to take photos to document the scene of the accident and your injuries.
• Get the names and contact information of any eyewitnesses to the accident.
• See a doctor right away for a medical evaluation, if you did not go to the emergency room in an ambulance.
• Hold on to your medical records and pay stubs.
• Don’t say anything to any insurance companies until you have consulted with a personal injury lawyer about your legal rights.
• Select an experienced truck accident attorney to advocate on your behalf and guide you through the claims process.

The Virginia truck accident lawyers at The Lichtenstein Law Group can help you seek full compensation for your injuries if you’ve been hurt in a truck accident that wasn’t your fault. Contact us today for a free initial consultation.

The post What Are the Most Common Causes of Truck Accidents in Virginia? appeared first on Lichtenstein Law Group PLC.

Is a Trucking Company Liable for Your Accident?

Trucking accidents impact thousands of drivers and passengers in Virginia every year. The Virginia  Highway Safety Office reports almost 2,400 truck accidents in a year. Among these crashes, 717 included at least one injury, and 58 involved at least one death.

After a truck accident, your first instinct may be to assume the truck driver is responsible for the crash. But truck drivers are often only one of the parties who may be financially liable for an accident involving a tractor-trailer or other commercial truck. The trucking company that employs the driver typically shares responsibility for the accident.

Building a case to show that a trucking company is at fault for a truck accident requires an independent investigation by a knowledgeable truck accident attorney. The large insurance companies that represent truck drivers and trucking companies will do everything they can to prove that their client is not liable for the accident.

You’ll want help from a seasoned truck accident lawyer to stand up for your rights. The Virginia truck accident attorneys at Lichtenstein Law Group PLC have nearly 100 years of combined experience protecting the rights of crash victims. We would be honored to represent you if your case is the type that we handle. To get started, contact our office today for a free initial consultation.

Ways the Trucking Company Can Be Held Accountable

Trucking companies have certain responsibilities under Virginia law. If a company doesn’t live up to its responsibilities, it can be held financially liable for a truck accident. The ways a trucking company can contribute to a crash include:

• Negligent hiring – Trucking companies are supposed to help keep Virginia’s roads safe by hiring careful, experienced, and fully qualified drivers. Any driver hired by a trucking company should hold a valid Commercial Driver’s License (CDL) in compliance with Virginia regulations or applicable laws in the driver’s home state. Trucking companies should strive to hire drivers without any history of safety violations or impaired driving. Unfortunately, many trucking companies either deliberately ignore these responsibilities in the name of cost or expediency, or they don’t do the necessary diligence to see if a potential driver has any prior safety issues. This can lead to unsafe or inexperienced drivers behind the wheel of a tractor-trailer.
• Negligent supervision – A trucking company’s responsibility to use safe, qualified drivers doesn’t end once the driver has been hired. Trucking companies should also make sure their drivers are acting in compliance with company policies, as well as federal and state regulations. They can do this by looking at a driver’s logs and information from the truck’s electronic data recorder. This information may indicate if the driver was traveling at unsafe speeds or was going too long without rest breaks in violation of hours of service rules. Lastly, trucking companies should regularly test employees for drug and alcohol abuse. An impaired driver in a semi-truck is a major safety hazard to anyone around them.
• Incentivizing illegal conduct – Trucking companies can exert pressure on drivers that causes drivers to act in an unsafe, illegal, or negligent manner. For example, tying a driver’s compensation to how quickly they make their deliveries can encourage them to break hours of service rules. This increases the driver’s chances of being involved in a fatigued or distracted driving accident.
• Failing to maintain a safe fleet – These companies are also responsible for making sure the trucks themselves are in good working order. To that end, trucking companies should make sure drivers are adhering to required maintenance schedules and that any necessary repairs are completed in a timely manner. Trucking companies should also watch for any manufacturing or design defects in a truck that could lead to an accident.
• Vicarious liability – In Virginia, trucking companies can be held liable for any injuries caused by their employees if a driver injures or kills someone due to the driver’s negligent actions on the job. The driver must have been working when the crash occurred for a trucking company to be held liable under the vicarious liability doctrine. Additionally, the driver must have been negligent.

Do Trucking Companies Have Insurance?

Trucking companies and truck drivers must carry liability insurance that meets Virginia’s requirements when operating intrastate and meets federal requirements when they’re operating in multiple states. In fact, freight trucks may be required to carry anywhere between $750,000 to $5,000,000 in coverage, depending on the size of their truck and the type of cargo they’re carrying.

Insurance costs are expensive for trucking companies, but insurance is crucial because of the risks associated with large commercial vehicles. Insurance helps trucking companies cover any injuries suffered by other drivers as a result of a driver’s actions or the company’s negligence.

If you have been injured in a truck accident caused by a trucking company or its driver, you can file a claim with the company’s insurer. To recover any compensation, though, you’ll have to prove that the driver, the company, or both were somehow negligent. This is something a truck accident attorney can help you navigate.

Do Semi-Truck Accidents Go to Trial?

Most semi-truck accident cases end in an insurance settlement before a trial becomes necessary. However, trucking companies will sometimes take cases to trial, especially if the claim against them is for an especially large amount of money.

You will want to seek the help of a truck accident lawyer who has extensive litigation experience involving catastrophic injury cases. The attorneys at the Lichtenstein Law Group PLC are highly accomplished trial lawyers who will be prepared to pursue justice in court if necessary.

Contact an Experienced Virginia Semi-Truck Accident Attorney Today

If you have been seriously injured in a truck accident, a Virginia accident attorney can investigate the crash, determine liability, negotiate with the insurance companies for a just settlement, and bring your case to court if necessary.

The Lichtenstein Law Group PLC has helped many truck accident victims get fair compensation for their losses. Let us use our legal experience to fight for you.  Contact our office for more information.

The post Is a Trucking Company Liable for Your Accident? appeared first on Lichtenstein Law Group PLC.

What Should I Do After a Truck Accident?

Being involved in any traffic accident can be frightening, but a collision involving a large commercial truck can be devastating. Truck accidents frequently result in serious injuries, leaving victims overwhelmed and in pain.

If you were involved in a Virginia truck accident caused by a truck driver, you may be wondering where to turn for help. There are several steps you can take after a tractor-trailer crash to protect your legal rights.

Below, the truck accident attorneys of Lichtenstein Law Group PLC review the steps you should take after a truck accident in Virginia. One important step is to have a knowledgeable truck accident lawyer review the details of the accident and discuss whether you have a valid personal injury claim. Contact us today to learn more about your legal options in a free initial consultation.

Make Sure Everyone Is Okay

Under § 46.2-894 of the Virginia Legal Code, you are required to stop and offer reasonable assistance to anyone injured in an accident. Failing to do so would be considered a hit-and-run and could land you in serious legal trouble.

If an accident occurs, stop your vehicle and pull over to a safe location away from the flow of moving traffic. Check yourself and your passengers for injuries, and then check the truck driver and any other parties involved in the accident, if you are physically capable. Call 911 immediately if you or anyone else needs emergency medical care.

Report the Crash

Report the truck accident to law enforcement. In most cases, police officers will be dispatched to the scene of the truck crash. The police can help secure the area and summon emergency services.

After law enforcement officers have attended to the immediate concerns, they will typically begin an investigation of the accident so they can write an accident report. In the report, the officer will include details of the accident, any traffic violations observed, and their opinions regarding who was at fault. Before you leave the accident scene, be sure to ask the police for a copy of the report.

Don’t let a truck driver talk you out of calling the police.

Identify the Parties Involved and Exchange Information

To file an insurance claim after a truck accident, you must be able to identify the parties who are liable for the accident. You’ll want to obtain the contact information of the truck driver and the name of the trucking company along with their insurance providers. If any other motorists were involved in the truck accident, be sure to get their names, too.

Although some drivers are owner-operators, many work for trucking companies that may bear some responsibility for the wreck. Finally, it’s a good idea to identify any companies working with the trucking company to ship their cargo.

There are some specific pieces of information you should obtain from the trucker and any other drivers involved, including:

• Each driver’s home address, phone number, and email address
• Insurance provider names, policy numbers, and contact details
• License numbers
• Truck make, model, license plates, and other identifying information

The police report should also contain this information.

Document the Accident

Write down everything you can remember about the accident as soon as possible, while the details are still fresh in your mind. This includes the speed and angle of the crash, where the collision occurred, and any factors that contributed to the wreck.

Take photographs of the accident scene, including any vehicle damage, visible injuries, and any skid marks or debris on the road. Save physical evidence, as well, such as the clothes you were wearing when the accident occurred.

If any eyewitnesses are available at the scene, talk to them. Politely ask them for statements about the accident, and request their names and contact details in case you need to follow up with them later.

Seek Prompt Medical Attention

If you did not go to the hospital by ambulance from the scene of the truck accident, you should seek a prompt medical evaluation as soon as possible. Even if you don’t feel as though you are seriously injured, a thorough examination can establish a formal record of your injuries.

In addition to diagnosing your injuries, your doctor will be able to provide the treatment you need and develop a long-term care plan, if necessary. Be sure to follow your doctor’s prescribed care plan and attend all follow-up appointments. This will help demonstrate to any interested parties that you are taking your health seriously.

Record of Effects of Injuries

Start keeping daily notes of the effects of your injuries on your daily life and the pain and limitations you experience as a result of your accident-related injuries. It is easy to forget these details if you don’t jot them down.

This kind of record, written as you recover from your injuries, can provide helpful evidence to support your claim for compensation for pain and suffering related to the tractor-trailer accident.

Hang On to Proof of Your Financial Losses

An important part of claiming compensation after a truck accident is providing evidence of the financial losses you have incurred. For most crash victims, the majority of these losses come from medical expenses. Maintaining a complete record of your medical bills is important.

You’ll want to hang on to evidence of any vehicle-related losses, such as auto repair bills or proof of damages extensive enough to qualify as a total loss. Your pay stubs and employment records can prove the value of your lost wages. It’s also smart to keep receipts from accident-related incidental expenses such as mileage to physical therapy appointments.

Watch What You Say to Others

Be careful about what you say to others before your truck accident claim is resolved. If you must speak with any insurance adjusters, do not apologize or admit fault, and refuse to provide any recorded or written statements about the crash. It’s best to simply refer the insurance company to your lawyer.

Be mindful of what you share on social media while your claim is pending, too. Do not post any information about the crash or your claim. Avoid sharing photos of yourself. Decline any friend or follower requests from unfamiliar or suspicious accounts.

Contact a Truck Accident Attorney

The attorneys at Lichtenstein Law Group PLC have the resources and experience to handle complex truck accident cases. We can evaluate the details of the accident and help you understand your legal options to pursue compensation for your injuries. Contact our experienced Virginia attorneys today to learn more about how we can support your recovery in a free initial case review.

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