Winchester Big Rig Accident Attorney
When you’re involved in a collision with an 18-wheeler or commercial truck, the outcome is often catastrophic. These massive vehicles, also known as big rigs, can weigh up to 80,000 pounds, making any impact with a passenger car potentially devastating. In the wake of a serious truck crash, victims and their families are left reeling from medical expenses, lost income, and emotional trauma.
At Skinner Accident & Injury Lawyers, our Winchester big rig accident attorney from our team can represent individuals throughout the Shenandoah Valley who’ve been injured or lost loved ones in big rig accidents.
Our firm has more than 75 years of combined experience, and we’ve recovered over $100 million for our clients. We are committed to helping you pursue justice and recover the compensation you deserve.
Why Big Rig Accidents Are So Dangerous
We all have an idea of the increased risks of big rig crashes, but the following are some reasons why these accidents can have particularly devastating results.
Size, Speed, and Momentum
A fully loaded big rig is more than 20 times heavier than the average vehicle. This enormous size disparity means even a relatively minor mistake by a truck driver can lead to life-changing injuries for those in smaller vehicles. When these trucks are traveling at high speeds, their stopping distance increases drastically, and their potential to cause harm multiplies.
Local Roads and Risk Factors
In and around Winchester, big rig traffic is common on I-81, U.S. 50, Route 7, and Route 522. These roads are important corridors for shipping and commercial transport, but their heavy use increases the likelihood of accidents involving large trucks. Tight turns, traffic congestion, and narrow shoulders in this region only add to the danger.
Common Causes of Big Rig Accidents
Big rig accidents often result from negligence. Here are some of the most frequent causes we see:
Driver Fatigue
Truckers are subject to strict Hours-of-Service rules, but not all follow them. Fatigued drivers have slower reaction times and impaired judgment — a dangerous combination behind the wheel of a multi-ton vehicle.
Distracted Driving
Texting, GPS use, and even eating behind the wheel can divert a driver’s attention. Given the size and weight of big rigs, a momentary distraction can have deadly consequences.
Speeding and Aggressive Driving
Speeding increases the stopping distance and the severity of collisions. Aggressive behavior, such as tailgating or unsafe lane changes, is especially risky in a commercial truck.
Mechanical Failures
Poor maintenance can lead to brake failure, tire blowouts, or steering malfunctions. These preventable issues often indicate negligence by the trucking company or its maintenance crew.
Overloaded or Unbalanced Cargo
Improperly secured or overloaded cargo can shift during transport, causing the truck to become unstable and increasing the risk of a rollover or jackknife accident.
Who Can Be Held Liable in a Big Rig Crash?
One of the reasons big rig accident cases are more complicated than ordinary car crashes is because multiple individuals and entities may share legal responsibility. Establishing liability requires a thorough investigation and a careful analysis of each party’s role in the crash.
Truck Driver
The most immediate and obvious party to investigate is the truck driver. If the driver was speeding, driving under the influence, distracted by a phone, fatigued, or otherwise acting negligently, they can be held personally liable. For example, if a trucker ignored mandated rest periods and fell asleep at the wheel, the trucking company and driver can be sued for violating both traffic laws and federal safety regulations.
Trucking Company
Trucking companies can be liable for their own negligence as well as the actions of their employees under the legal doctrine of respondeat superior. A company may have contributed to the crash by:
- Hiring unqualified or unlicensed drivers
- Failing to conduct proper background checks or drug screenings
- Failing to provide adequate driver training
- Encouraging or pressuring drivers to meet unsafe delivery schedules
In many cases, the trucking company’s insurance policy is the primary source of financial recovery for victims.
Cargo Loading Companies
Some big rig crashes result from improperly loaded or unsecured cargo. If a third-party loading company failed to distribute weight evenly or did not secure freight according to FMCSA guidelines, it may be held accountable. Shifting loads can lead to rollovers or cause a truck to jackknife, endangering everyone nearby.
Maintenance Providers
If a repair shop or contracted maintenance provider failed to inspect or repair the vehicle properly, by, for instance, overlooking faulty brakes, worn tires, or steering issues, they can be held liable. Commercial trucks are required to undergo regular inspections, and failure to follow proper protocols can have severe consequences.
Truck and Parts Manufacturers
When a crash is caused by a defective component, such as malfunctioning brake systems, steering columns, or tires, the manufacturer of that part may be liable through a product liability claim. In such cases, we collaborate with engineering experts to determine whether a design or manufacturing defect contributed to the crash.
Other Drivers
Sometimes, another passenger vehicle on the road may have cut off a truck, caused a chain-reaction collision, or contributed to the dangerous conditions. In these situations, multiple parties—including non-commercial drivers—may be named in the lawsuit.
By working with forensic experts, accident reconstructionists, and industry professionals, our firm investigates every possible angle to identify all liable parties and pursue the maximum compensation available.
Why Big Rig Accident Cases Are So Complex
Compared to a typical car accident, crashes involving big rigs involve higher stakes, more evidence, and significantly more legal challenges. Here’s why working with an experienced Winchester big rig accident lawyer from Skinner Accident & Injury Lawyers is essential.
Federal and State Safety Regulations
The commercial trucking industry is subject to a range of federal and state laws, particularly those enforced by the Federal Motor Carrier Safety Administration (FMCSA). These rules govern:
- Driver hours and mandatory rest breaks
- Vehicle maintenance standards
- Cargo weight limits and securement methods
- Drug and alcohol testing
- Driver qualification and training
Violations of these regulations can form the basis of legal liability, but uncovering them often requires deep familiarity with trucking law and access to internal company records.
Electronic Logging Devices (ELDs) and Black Box Data
Modern commercial trucks are equipped with Electronic Logging Devices (ELDs), which digitally track driver activity, hours of service, rest periods, and vehicle operation. In addition, many big rigs contain black boxes that record valuable data like:
- Speed at the time of collision
- Sudden braking or acceleration
- Steering angles
- GPS location
Such data can be essential in proving negligence or rule violations. However, trucking companies may attempt to delay or destroy this evidence to avoid liability. This is why it’s critical to hire a Winchester, Virginia, big rig accident lawyer quickly to preserve it through a legal notice called a spoliation letter.
Large Insurance Policies and Aggressive Defense
Because commercial trucks are capable of causing massive damage, federal law requires motor carriers to carry high-limit liability insurance, often in the range of $750,000 to several million dollars. These policies attract intense scrutiny from insurance adjusters and defense attorneys whose primary goal is to limit payouts.
In many cases, these insurers deploy aggressive tactics to:
- Shift blame onto the injured party
- Minimize the extent of injuries
- Push quick, lowball settlements
- Drag out the case to wear you down
At Skinner Accident & Injury Lawyers, we know how these companies operate, and we build every case with the expectation that it may go to trial, ensuring we’re ready to push back forcefully to protect your interests.
Multiple Parties and Conflicting Stories
As discussed above, more than one party may be at fault in a big rig accident. Coordinating multiple defendants—each with their own insurers, legal teams, and narratives—requires a strategic approach. These cases can involve finger-pointing between the driver, trucking company, maintenance provider, and other third parties, making the process even more complicated.
Life-Altering Injuries and Long-Term Consequences
Finally, the injuries caused by big rig crashes are often devastating, from traumatic brain injuries (TBI) and spinal cord damage to multiple fractures and internal organ trauma. These types of cases require long-term care projections, expert medical testimony, and the involvement of life care planners to fully capture the cost of future care, lost earning capacity, and diminished quality of life.
What to Do After a Big Rig Accident in Winchester
The following are some critical steps to take when a truck accident happens.
Get Immediate Medical Care
Even if you feel okay, adrenaline can mask serious injuries. See a doctor as soon as possible and follow all recommended treatment plans. Doing so is best for your health and your injury case.
Contact Law Enforcement
A police report will serve as key documentation of the crash and may include witness statements, diagrams, and initial assessments of fault.
Gather Evidence
If you’re able, take photos of the vehicles, skid marks, road conditions, and any visible injuries. Write down names and contact info for witnesses.
Do Not Talk to the Trucking Company’s Insurer
They may contact you quickly with a settlement offer or a request for a statement. Politely decline and refer them to your Winchester, Virginia, big rig accident attorney.
Call Our Winchester Big Rig Accident Lawyers
Our firm can begin investigating your case immediately, sending spoliation letters to preserve evidence and protect your rights from the start.
Virginia’s Statute of Limitations for Truck Accident Claims
In Virginia, you generally have two years from the date of your accident to file a personal injury lawsuit. This is known as the statute of limitations.
Exceptions to the Rule
- Minors: If the injured party is under 18, the clock may not begin until they reach adulthood.
- Government Vehicles: If the crash involved a government-owned truck, a formal notice of claim may need to be filed in just weeks.
- Delayed Discovery: In rare instances, the time limit may begin when the injury is discovered (e.g., internal bleeding or brain trauma).
Missing the statute of limitations can permanently bar your claim. It’s important to speak with a Winchester, Virginia, big rig accident lawyer at Skinner Accident & Injury Lawyers as soon as possible to ensure your rights are protected.
Compensation Available After a Big Rig Accident
A successful claim may include the following types of compensable damages:
Medical Expenses
Includes emergency transport, surgeries, hospital stays, physical therapy, prescriptions, and long-term care costs.
Lost Income
You can recover income lost while recovering, as well as loss of future earning capacity, if your injuries prevent you from returning to work.
Pain and Suffering
Covers physical pain, emotional anguish, PTSD, and loss of enjoyment of life.
Property Damage
Includes repairs or replacement for your vehicle and other personal property damaged in the accident.
Punitive Damages
In cases involving gross negligence, such as a driver operating under the influence, the court may award additional damages to punish the wrongdoer.
Our Winchester, Virginia, big rig accident attorneys will work closely with economists, medical experts, and life care planners to calculate the full value of your claim, both current and future.
Why Choose Skinner Accident & Injury Lawyers?
You have many choices when hiring a big rig accident attorney. Consider the following about our dedicated firm:
Over 75 Years of Combined Legal Experience
Founded in 1969, our family-run law firm has been serving West Virginia and Virginia for decades. We’ve built a reputation on integrity, results, and treating clients with respect.
$100+ Million Recovered for Clients
Our big rig accident attorneys have secured tens of millions for injury victims, including in complicated trucking cases involving catastrophic injuries and wrongful death.
Local Roots and Regional Reach
Based in Winchester, we serve clients throughout the Shenandoah Valley, including Strasburg, Stephens City, Front Royal, and beyond.
Personalized Representation
You won’t get passed from associate to associate. Our big rig accident attorneys work directly with you, keeping caseloads small so our big rig accident lawyers can give your case the attention it deserves.
Backgrounds You Can Trust
Attorney Stephen Skinner worked on aviation injury and 9/11 victim litigation in New York City. Attorney Andrew Skinner is a U.S. Army veteran who handled high-stakes product liability cases in Chicago before returning home.
Injured in a Truck Accident? Speak With Our Winchester Big Rig Accident Attorney Today
If you or a loved one were injured in a collision with a commercial truck, don’t wait. Insurance companies act quickly — and so should you. Let the big rig accident attorneys at Skinner Accident & Injury Lawyers put our experience to work for you.
Call us today at 540-888-8888 or reach out online to schedule your free consultation with our seasoned Winchester, Virginia, big rig lawyers.