Winchester Truck Accident Lawyers
You cannot change the fact you were involved in a truck accident in Winchester, VA. If a negligent driver caused your accident, you can hold this individual and their employer accountable. To do so, you need an experienced Winchester truck accident lawyer to represent you.
At Skinner Accident and Injury Lawyers, we treat you like family. If you have suffered losses due to a truck accident that occurred through no fault of your own, we can help you out. To get started, please reach out to us today.
Why Truck Accidents Occur
In the United States, large trucks make up 5% of all registered vehicles, according to the National Safety Council (NSC). Many truck drivers take precautions when they are behind the wheel. However, truck accidents occur in Winchester and other cities and towns across the country every day — and you need to prepare accordingly.
With a clear understanding of common reasons for truck accidents, you can take appropriate actions to protect against such issues and respond to them as needed. Here are some of the top reasons why truck accidents happen:
Intoxicated Driving
There is no reason for a truck driver to operate a vehicle while intoxicated. Yet, drunk driving remains a big issue in the United States. If an intoxicated truck driver causes an accident, they can face civil and criminal penalties.
Distracted Driving
A truck driver may frequently check their navigation system or cell phone or deal with other distractions. Regardless, the driver must put safety front and center at all times. Failure to do so can lead to a distracted driving accident.
Poor Road or Weather Conditions
Potholes and other road hazards can impact a truck driver’s ability to travel safely. Meanwhile, rain, sleet, snow, and other inclement weather conditions can make it difficult for a truck driver to navigate from point A to point B. If a truck driver gets into an accident and cites poor road or weather conditions as the cause, they can still be held financially responsible for any losses that other motorists or pedestrians incur.
Fatigued Driving
There are service-hour regulations in place that apply to truck drivers nationwide. Even if a truck driver follows these regulations, they can still feel tired when they are operating their vehicle. A fatigued truck driver can lose focus on what they are doing, which can result in an accident.
Truck Safety or Performance Issues
A truck driver and their employer must look for any vehicle issues before the driver begins their shift. If a truck has safety or performance defects, the vehicle may not perform as expected. This can ultimately lead to a truck accident.
Skinner Accident and Injury Lawyers can take a look at your truck accident and find out why it happened. Next, our truck accident lawyer can help you file a lawsuit against the at-fault party. To learn more, please get in touch with us today.
When to Hire a Truck Accident Attorney
If you are hurt in a truck accident in Winchester, get medical help. This allows you to undergo medical testing and receive treatment for any injuries you have suffered. You can also start gathering evidence that you can use as part of a personal injury claim.
You can also seek compensation from anyone responsible for a truck accident in which a family member was killed. Instead of filing a personal injury claim, you will need to request damages as part of a wrongful death lawsuit. In a personal injury or wrongful death case, it helps to have a truck accident lawyer at your side.
Winchester truck accident attorneys are readily available, but it is important to note that no two lawyers work the same way. If you are considering hiring a lawyer for your truck accident claim, it helps to set up a meeting with an attorney. This gives you the opportunity to share your legal concerns and questions and find out how the attorney will handle your case.
How Much Time You Have to Hire a Truck Accident Lawyer
Following your truck accident, do not wait too long to connect with Winchester truck accident lawyers. In Virginia, there is a two-year statute of limitations for personal injury claims. The state maintains a two-year statute of limitations for wrongful death lawsuits as well.
The statute of limitations gives you a deadline for filing a lawsuit against a negligent truck driver and their employer. If this deadline passes, you are solely responsible for any costs relating to your truck accident and injury. Conversely, you can hire a Winchester truck accident attorney immediately after your accident and seek compensation right away.
It pays to hire a Winchester truck accident lawyer that has a track record of great case results. This lawyer will make sure that your lawsuit is filed in alignment with Virginia’s statute of limitations. They will do everything they can to help you secure the most compensation possible.
How Much Compensation You Can Get in a Truck Accident Lawsuit
In a truck accident lawsuit, you can request compensation for a variety of reasons, such as:
- Medical care
- Lost wages
- Property damage
- Pain and suffering
If you partner with a truck accident law firm, you can submit a reasonable request for compensation. You can work with a truck accident lawyer in Winchester who will review your case and help you evaluate your costs to date. Then, your attorney can help you submit a lawsuit in which you seek compensation that covers any losses you have suffered.
Truck accident victims may secure tens or hundreds of thousands of dollars in compensation. To put yourself in the best position, you should evaluate all of the legal options at your disposal. You can choose between truck accident lawyers and select one that can help you prepare a compelling argument.
How to Get Compensation for a Catastrophic Injury That Occurs During a Truck Accident
A truck accident can leave you with minor bumps and bruises. In this scenario, you may seek compensation from the driver responsible for your accident. This compensation can be used to cover your medical bills and other expenses relating to your accident and injury for only a short period of time.
Comparatively, you can suffer a catastrophic injury in a trucking accident. The injury can impact your ability to think and function in the way you did prior to your accident. It may even permanently affect your ability to enjoy your life to the fullest extent.
It can be expensive to treat a catastrophic injury, but a truck accident lawsuit can help you do just that. A truck accident attorney in Winchester will help you ask for compensation that accounts for the long-lasting effects of your injury. They can also help you collect evidence to support your request for compensation.
The Role of Evidence in a Truck Accident Lawsuit
As the plaintiff in a truck accident lawsuit, you are responsible for providing evidence that shows the defendant was negligent. You can share many pieces of evidence to support your request for evidence. Common types of evidence used in truck accident cases include:
- Black box records: The truck’s event data recorder can provide insights into the speed a driver was traveling and when they applied the brakes when your accident occurred.
- In-cab camera footage: If a truck has a front- or rear-facing camera, you may be able to get video footage from it that shows the driver was negligent.
- Driver log books: You may be able to obtain log books that indicate a driver did not take a rest break in accordance with federal regulations.
- Truck maintenance records: You may be able to show that a truck was defective at the time of your accident.
- Driver cell phone records: A driver may be required to provide their cell phone records, so you can see if they were distracted by their phone while they drove their truck.
- Alcohol and drug test results: If a driver was required to undergo alcohol or drug testing after your accident, you may be able to use these results to show that the driver was drunk or high on drugs.
- Police report: If you called 911 after your accident and police arrived on the scene, you may be able to request a police report that explains what happened during the incident.
- Accident scene photos and videos: You can use your smartphone to capture photos and videos of the accident scene and present them as evidence.
Your attorney can teach you about evidence and the discovery process for personal injury claims and wrongful death lawsuits. They can review your evidence with you and determine the best way to present it to a judge or jury. If you have a wealth of evidence in a truck accident lawsuit, the defendant in your case may be inclined to settle.
How to Respond to a Settlement Offer After a Truck Accident
A trucking company may reach out to you just days after your truck accident. At this point, the company may offer you a settlement. It may do so in the hopes that you will accept less money than what you could secure as part of a truck accident lawsuit.
Beware of any settlement proposal you receive following your trucking accident. If you get a settlement offer, resist the urge to accept it. Rather than make a rash decision, consult with an attorney so you can review the offer and get legal insights into it.
Your attorney cannot necessarily decide on a settlement offer for you, but they can help you weigh its pros and cons. If your lawyer believes a settlement proposal is well short of what you can get if you go to trial, they will let you know. On the other hand, if your attorney believes a settlement is fair, they may encourage you to approve it.
What It Takes to Evaluate a Truck Accident Settlement Proposal
There are many factors you need to consider as you decide whether to accept, decline, or counter a truck accident settlement offer. These factors include:
- The severity of any injuries you have incurred
- The current and future financial impact of your truck accident
- Your property losses
- If you can fully recover from your injury
- Any pain and suffering you have incurred due to any truck accident injuries or the death of a family member in the truck
There is no harm in asking your attorney to share their thoughts about a settlement proposal. Your lawyer will be honest and upfront with you. They will tell you if they believe a settlement is sufficient and, if not, why they feel this way.
If you decide against accepting a settlement offer, there is no need to stress. Your attorney will notify the defendant that you have declined their offer. In the weeks and months to follow, your lawyer will keep you up to date on any other settlement proposals that come your way.
How to Prepare for a Truck Accident Trial
Your lawyer can walk you through what happens during a truck accident trial. They will answer any questions you have about the trial process. Your attorney may conduct a mock trial with you, so you understand the questions you may be asked if you are put on the stand.
Leading up to your trial, your lawyer may encourage you to avoid posting content on Facebook, Twitter, and other social networks. Any content that you publish on social media can negatively impact your case. If you can forgo social media for the time being, you may reap the benefits of your decision once your case is settled.
You and the defendant can keep negotiating up to your trial date. If no settlement is reached, you will go to trial. At this time, you and your attorney present your case to a judge or jury, and you will find out if damages will be awarded.
What It Takes to Secure Damages in a Truck Accident Trial
During your trial, you get the chance to share your side of what happened that led to your truck accident. Your attorney will ask you questions and present evidence on your behalf. The defendant’s lawyer will question you and try to dispute any claims you make against their client.
Your lawyer represents your best interests throughout your trial. They explain why you deserve full damages and present a compelling argument on your behalf. If your attorney succeeds, you are well equipped to secure 100% of the compensation you originally requested.
How Contributory Negligence Applies to a Truck Accident Lawsuit
It is paramount to show that a truck driver was negligent in your lawsuit. This is due to the fact that Virginia is a “compensatory negligence” state. Under compensatory negligence, you cannot collect any compensation if you are found to be in any way responsible for your truck accident.
For example, you may have been speeding at the time a truck hit your vehicle. If a judge or jury finds that you were breaking the law, you will not be awarded any damages. In this situation, you are completely responsible for your accident costs, even if the truck driver was partly responsible.
Your truck accident lawyer presents an argument designed to show a judge or jury that you are in no way at fault for your accident. In addition, your attorney shares evidence to support this claim. By doing so, your lawyer may be able to prove that you were not responsible for your accident, which can help you secure the compensation you deserve.
How to Select a Winchester Truck Accident Lawyer
You can search far and wide for a lawyer to represent you in your Winchester truck accident case. Here are tips to help you find an attorney that can help you win or settle your case in as little time as possible:
Look at an Attorney’s Experience and Expertise
Find out if an attorney has handled truck accident cases in the past. Also, read through an attorney’s client testimonials. Doing these things can give you a good idea about how a lawyer approaches truck accident cases and if they are capable of fulfilling their clients’ legal requests.
Review an Attorney’s Case Results
Choose an attorney that has helped their clients secure large settlements in truck accident cases. This lawyer has shown that they are able to get their clients the maximum amount of compensation. They are likely to commit the time, energy, and resources required to help you receive a fair settlement.
Discuss Your Case with an Attorney
Request a consultation with a truck accident lawyer. The consultation provides a learning opportunity for both you and a lawyer. You can explain your case, and an attorney can give you insights into whether they can help you achieve your desired result.
Do Not Rush Through the Decision-Making Process
Give yourself a sufficient amount of time to evaluate truck accident lawyers. If you feel comfortable with a lawyer after meeting with them, you can hire this attorney. You and your lawyer can then work together to help you secure compensation for your truck accident losses.
Legal Help Is Available for Your Winchester Truck Accident Case
Skinner Accident and Injury Lawyers have the knowledge, experience, and resources to help you win or settle your truck accident case. Please contact us today to schedule a no-cost consultation.