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Four Things You Should Know About Commercial Truck Accidents In Virginia

If you or someone you know is involved in an accident with a commercial truck or tractor-trailer, there are numerous issues that you should be aware of. Truck accident cases are often much more complex than traditional motor vehicle accidents that occur between two ordinary drivers. Attorneys who regularly handle truck accident cases understand that they must move quickly to preserve evidence that may be destroyed in accordance with federal regulations or other natural circumstances. The investigation process involved in truck accidents also varies from other types of motor vehicle collisions. Below are six issues that you should familiarize yourself with in the event that you are involved in this type of accident.

1. Initial Investigations

When a commercial truck is involved in an accident, the driver’s company is typically notified right away so that they may send an investigator to conduct a preliminary investigation at the accident scene. The driver’s investigator will usually take photographs of the damage that was done to the vehicles involved in the crash and request statements from any witnesses that are available. At this point, the truck driving company already has a legal advantage. Most individuals who are involved in these types of accidents are either injured in the collision or so shaken up that they do not think to take photographs of the scene of the accident. Contacting an experienced Virginia truck accident attorney right away can put you on even ground with the trucking company in the event that the collision results in a lawsuit.

2. Potential Defendants

In a typical car accident, one party is usually negligent and potentially liable for the accident. There is usually no question as to whom you should file a lawsuit against to request compensation for your injuries. Truck accident cases are different since they usually involve multiple defendants from the driver himself to the company who hired the driver or owns the vehicle that was involved in the accident. Plaintiffs who fail to name all possible defendants when they file their initial lawsuit complaint may be barred from adding additional parties to the lawsuit who may also be liable for compensating you for your injuries. This oversight could mean losing out on compensation that you are entitled to receive. A truck accident lawyer can ensure that all potentially responsible parties are named in your initial lawsuit complaint.

3. Reports

The Federal Motor Carrier Safety Administration requires commercial driving and trucking companies to create and retain certain documents for specified periods of time. Some of these records include drug and alcohol tests of the driver, prior accident information, driver qualifications, hours of services, vehicle maintenance and other business records. Some of these records do not need to be kept for more than six months by the trucking company. This means that evidence that may be valuable to your case could be destroyed. An experienced truck accident lawyer would request these records immediately to ensure that they are preserved for your case.

4. Statute of Limitations

The term statute of limitations refers to the amount of time that a person has to file a lawsuit following an accident or other type of injury. In Virginia, the statute of limitations on truck accidents is two years from the date of the accident in most cases. Individuals who were involved in a truck accident should not wait to contact an attorney following an accident. If a claim is not filed on time, an injured driver could risk losing out on compensation that he or she is entitled to receive to cover medical bills and property damage.



Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Email: info@weislaw.com
www.weislaw.com