Truck Accident Attorney Near Me
If you were hurt in a crash with a big rig, you may find yourself searching for a “truck accident attorney near me” to locate someone who can understand your pain and circumstances. You should not take on big trucking companies alone when you could put these worries in the hands of our respected and capable West Virginia auto accident lawyers.
At Skinner Accident & Injury Lawyers, we are your trustworthy source for legal representation against the at-fault parties who caused you harm. Trucking insurance companies can challenge their responsibility, but we hold them accountable for their actions. Learn more about how we can help when you schedule a free consultation with us today.
Why You Should Choose Skinner for Your Winchester Truck Accident Claim
If you or a loved one was hurt in a truck accident, you need someone on your side who understands more than just the statistics. You need a powerful legal advocate who can put the law to work helping you recover the compensation you deserve from those at fault.
Your Winchester, VA, truck accident attorney at Skinner Accident & Injury Lawyers can help you navigate personal injury law easily, informing you about your options and building a strong case. We offer over 60+ years of combined experience dealing with opposing parties, and we fight fiercely for your rights. We are focused on helping those in Frederick County and throughout the Shenandoah Valley, as well as clients across the country.
We Investigate How the Truck Driver May Be to Blame
The Virginia Department of Motor Vehicles (DMV) tracks data for where accidents occur in the Commonwealth and the factors involved. In 2023, they found that large truck accidents were equally likely to happen on interstate and non-interstate roads. They also reported several driver-related factors related to these crashes, including the following:
- Improper lane change or passing: These accounted for 413 accidents or 13.6%
- Speeding: Exceeding speed limits resulted in 76, or 2.5% of crashes.
- Following too closely: This action caused 202 collisions, or 6.7%.
- Improper turns: Unsafe turns led to 108, or 3.6% of accidents.
Other common issues include failing to yield the right-of-way, illegally or improperly parking the tractor-trailer, and improper backing procedures. However, these are not the only driver-related actions that can cause truck accidents. Some other factors include:
Alcohol or Substance Use
Using alcohol or illegal substances is dangerous enough when someone is driving a passenger vehicle. It becomes extremely risky when a truck driver does so before getting behind the wheel of an 80,000-pound tractor-trailer. Losing focus or control as an impaired truck driver puts everyone on the road in harm’s way.
In most states, truck drivers are held to a higher standard concerning their blood alcohol concentration (BAC), meaning their BAC must be zero or much lower than that of a standard motorist. The Virginia DMV will disqualify a Commercial Driver’s License (CDL) of the driver who measures just 0.04% BAC, half of the regular limit of 0.08%.
Driver Fatigue
Truck drivers must often balance opposing motivations as their companies demand faster delivery on tighter deadlines against the hours-of-service regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Driving longer than legally allowed or without mandated rest breaks puts these drivers at risk of fatigue. Driving drowsy has been shown to be nearly as dangerous as driving drunk, according to the National Sleep Foundation (NSF).
Distracted Driving
Truck drivers often rely on GPS systems for navigation, yet they may also use their cell phones while behind the wheel. Just as with other motorists, the risks for distracted driving are high, with much greater injury when the truck driver misses important changes in a larger vehicle. Your truck accident lawyer can request information from the truck’s Event Data Recorder (EDR) that may indicate whether the driver braked, accelerated, or took other action prior to your crash.
Your attorney may also subpoena the driver’s phone records to show whether they were using their cell phone at the time of the accident. Virginia and many other states have hands-free laws making it illegal to hold a wireless device while driving.
What if Multiple Parties Are Liable in a Truck Accident?
Your truck accident attorney will investigate how the truck driver played a part in your accident. Yet, many other groups or individuals could be at fault, based on how they contributed to the crash. Your lawyer will conduct a thorough investigation to uncover evidence showing how the following parties may carry liability:
Trucking Companies
The trucking company employing the truck driver is responsible for vetting, hiring, and training qualified drivers. They must check that their employees are trustworthy, experienced, and have the skills necessary to handle each type of cargo they haul. They should ensure their drivers do not bring unnecessary risks to the job.
Your truck accident lawyer will request training logs and other records that may show how the trucking company was at fault. These companies and their insurance providers will try very hard to deny or reduce any claims against them, so you should always hire a reputable and tenacious attorney who will not back down.
Other Drivers on the Road
Many other motorists are unfamiliar with the risks involved in cutting off or tailgating a semi-truck. They may swerve in front of the 18-wheeler, sideswipe it, or ride behind it in a truck driver’s blind spot. As a result, they could play a significant part in causing an otherwise careful trucker to take action that ends up hurting you.
Our truck accident lawyers will work with witnesses, gather traffic camera footage, and determine whether another driver is partly at fault. They will coordinate with law enforcement to locate the person and hold them accountable for your claim.
Designers and Manufacturers
Those responsible for designing and producing trucks and truck components are also responsible for ensuring these items are safe to use as intended. If a tire manufacturer sells tires to trucking companies that cannot stand up to long-haul routes, they could be liable if a defective tire blew out and caused your accident. Your attorney can request design, manufacturing, and marketing records to determine how the producer was involved.
Road Maintenance Crews and Government Agencies
The twists and turns of roads in the Shenandoah Valley can catch inexperienced or careless drivers off guard. While you cannot blame the natural geography, you may be able to hold government agencies or road construction companies liable if they fail to provide adequate signage indicating lane shifts or other hazards.
Road crews and local authorities may also be at fault if they fail to clear snow, ice, or debris from roadways. If your attorney finds the Commonwealth or a transportation agency is partly responsible, you must act quickly, as Virginia law requires you to initiate legal action within 18 months or lose the chance to do so. This is a shorter statute of limitations than for most personal injury claims.
Cargo Loaders and Distributors
If a distributor or loading company fails to properly balance and secure their cargo in or on the trailer, the truck driver could lose control if the freight shifts unexpectedly. This could lead to an accident where the truck hits your vehicle or the cargo falls onto the road, causing a crash. In these situations, your lawyer may find evidence that the cargo loaders or distributors are responsible.
We Help You Demand Compensation for Your Truck Accident Injuries
After a truck accident, you may need emergency transportation and medical care for your injuries. Our attorneys have helped clients like you connect with medical specialists and facilities to ensure they are fully diagnosed and treated. Some of the most common truck accident injuries we have handled include:
- Crushing injuries
- Face, neck, and abdominal injuries
- Traumatic brain injuries
- Broken arms, legs, and ribs
- Internal organ damage
- Internal bleeding
- Paralysis
- Back and spinal cord damage
In addition to ICU, ER, and surgical costs, you will probably need extensive therapy for a full recovery. We help you calculate the value of your current and projected medical costs to ensure we present a full list of your compensation demands. Trying to recover from any of these kinds of trauma can be overwhelming and lengthy.
What Your Truck Accident Case Could Be Worth
Truck accidents usually leave those in smaller vehicles suffering severe or even catastrophic injuries. Recovering can take a long time and result in astronomical medical bills. Your case’s value will be unique to your circumstances, but you can depend on our truck accident attorneys to identify and pursue all that you are owed.
We help you calculate your economic losses, which have a defined value, and your non-economic losses, which are more subjective. You have the right to seek full payment for your current and future expenses, which may include:
Economic Damages
You or your passengers could suffer catastrophic injuries in a head-on crash that leave you disabled physically or cognitively. You could lose a limb, or your vision, or experience serious damage to a major organ system, and the cost of your medical care could be substantial. Along with this, you will likely miss work and struggle to pay your bills.
Common economic damages we help our clients obtain include:
- Doctor, hospital, and specialist bills
- Lost wages, earning potential, bonuses, and benefits
- Lost retirement savings
- In-home nursing or nursing facility expenses
- Property replacement or repair expenses
- Therapy and other rehabilitative costs
Non-Economic Damages
Your emotional trauma can be extreme if you require surgery for severe burns, multiple broken bones, or injuries to your back, neck, and spinal cord. You deserve a pain and suffering settlement after the truck accident for damages such as:
- Amputation or loss of limb function
- Isolation from society due to scarring or disfigurement
- Mental anguish, anxiety, depression, and PTSD
- Permanent disability
- Loss of reputation
- Loss of companionship
- Loss of enjoyment of life
Punitive Damages
Although rare, your case may qualify for a punitive damage award from the court if the at-fault parties’ actions were deliberate or reckless, without regard for the safety of others. Generally, your truck accident lawyer will need to present clear and convincing evidence establishing the reckless or intentional nature, and Virginia law limits punitive damages to no more than $350,000.
How Can a Truck Accident Attorney Near Me Maximize My Compensation?
In a truck accident, you may face a host of severe collision injuries that leave you physically or cognitively disabled. Your attorney will work with medical specialists to calculate the full value of your current and future damages, ensuring you are not left with a financial burden due to someone else’s negligence. Although you may expect that filing a liability insurance claim or personal injury lawsuit will help you pay for your damages, the process is often complicated and difficult without experienced legal guidance.
Insurance companies are not on your side, and it is easy to make statements they could use against you when you are in pain and recovering. They may say you are actually at fault as a way of lowering what they have to pay. By allowing a lawyer to handle these conversations for you, you can avoid the risk of jeopardizing your claim and have someone negotiating for the highest possible settlement for you.
Our truck accident attorneys will negotiate aggressively for full financial relief, working towards a fair settlement as quickly as possible. However, they may also advise you to file a personal injury lawsuit within the Virginia statute of limitations (two years after your accident) if they believe you could recover more in the courtroom. Fortunately, we only take cases we are confident we can win, giving you the greatest chance of obtaining the compensation you need and deserve.
We Are by Your Side Throughout Your Truck Accident Claim
If you are a truck accident victim in Winchester, VA, or elsewhere, you need a qualified personal injury attorney in your corner as you seek compensation. We will engage in a complete investigation to determine who is to blame and what happened, demonstrating why you deserve full payment. By collaborating with various experts and specialists, we will build a robust case to negotiate a fair settlement from insurance companies and other at-fault parties.
Take action now by contacting Skinner Accident & Injury Lawyers to learn more about how we can help your claim. We offer a contingency fee payment structure, so you do not need money to hire us. You have everything to gain from a free consultation, so contact us today for a free consultation.