Truck accident cases are traumatic for most victims and complex for all parties to handle. The comparatively heavy weight of the commercial vehicle causes catastrophic injuries upon impact. Having a truck wreck lawyer on your side is crucial after being involved in a Hampton truck collision.
Our truck accident lawyers near Hampton have represented truck accident victims in the past and are familiar with the intricacies of these types of personal injury claims. To begin the claim, you must first establish liability.
The Hampton personal injury lawyers of the Pendleton Law Team are highly-rated and well-established as the “Heavy Hitters®” in the legal industry because of our dedication to victims and our desire to obtain the highest paying settlement possible.
Investigating Truck Accident Liability for Compensation
The severity of the injuries and the amount of insurance at risk typically result in higher stakes. When a truck accident happens, the driver isn’t necessarily to blame. Candidates for liability include:
The Commercial Truck Driver
Many factors can contribute to an accident, including a driver’s fatigue, distraction, or drug use. You’ll be curious to know what transpired. Our attorneys will investigate the circumstances surrounding the driver’s errors and how they relate to the amount of compensation you receive.
The Trucking Agency
A trucking company is just like any other company in that its employees could be held accountable for their actions. Businesses must follow legal requirements when selecting, educating, and monitoring drivers. If they fail to fulfill their obligations, they risk being charged with breaking the law.
Cargo Owners and Cargo Loaders
Sometimes, it’s not the truck driver’s fault when an accident occurs. Drivers also depend on the other people involved in the transportation process to execute their duties. Cargo loading for a big rig can be tricky to maneuver at times.
Poor preparation and execution could lead to loads that are unstable or improperly secured, endangering the safety of everyone on the road. Even when loaded properly, the freight container nevertheless poses a threat.
Truck drivers frequently transport chemicals, some of which are very flammable or corrosive. They trust that any potentially hazardous products will be handled carefully while being transported by truck, and they rely on the manufacturers and loaders of shipping containers to do so.
Truck and Parts Manufacturers
Even if the truck driver and the trucking business do everything right, it may be fine if a vital component fails when needed. There is always the risk that anything may go wrong, whether it is the braking system, the couplings, or the safety features. It’s crucial to consider all possible parties at fault in a truck accident claim, not just the driver.
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How Long do You Have to File a Truck Accident Injury Claim in Hampton, VA?
A personal injury claim can be filed with a Hampton-serving truck accident attorney within two years following the accident. The statute of limitations for filing an insurance claim for property damage is five years from the accident date.
You have two years from the date of your loved one’s death to file a wrongful death claim if you believe their death was caused by a truck accident or their injuries. A filing deadline extension may be granted in very specific circumstances. If you procrastinate too long in submitting your claim, you may forever forfeit your right to financial restitution.
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Recoverable Damages for the Typical Commercial Truck Collision
The plaintiff has the burden of proving the defendant’s carelessness and, consequently, the defendant’s liability for the plaintiff’s damages. The plaintiff must prove that the defendant owed him a duty of care, breached that duty, and directly caused him to incur damages in order to prevail in a negligence action.
A victim of a truck accident may pursue compensation for the following:
- Medical expenses such as physical therapy, prescription fees, and cost of treatment
- Property damage
- Lost income
- Pain and suffering
- Loss of consortium
- Emotional anguish
Punitive damages are awarded only in extreme instances when the actions or reckless behavior of the liable party are exceptionally severe or egregious. Punitive damages are awards in addition to the actual losses meant to discourage future wrongdoing by setting a public example of the violations.
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How Attorneys Help Victims of Truck Accidents Navigate Truck Accident Investigations
Commercial truck accidents are often devastating events, leaving victims with serious injuries and financial losses. If you’ve been involved in a Hampton truck wreck, it’s essential to seek the advice of an experienced truck collision attorney near Hampton who can help you understand the state and federal laws of the trucking industry and negotiate with insurance companies on your behalf.
An experienced attorney helps victims of truck accidents identify the responsible party and gather evidence from the accident scene to solidify their claims. They can also help you obtain the accident report, which can be crucial in determining liability.
Insurance companies often have extensive resources to fight claims and limit payouts, but an established personal injury firm can help level the playing field and fight for your rights. We have extensive experience dealing with insurers and can negotiate for fair compensation to cover medical bills, lost wages, and other damages related to the accident.
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Dedicated Truck Accident Attorneys Serving Hampton, VA
If you are concerned about paying for medical costs, seek the legal counsel of the Pendleton Law Team for compensation options. Our experienced truck collision attorneys near Hampton, VA, provide top-rated legal services to find additional compensation amounts for you.
Our commercial truck accident lawyer can help you pursue monetary damages from the irresponsible truck driver or trucking business if you were injured in Hampton, VA. Please feel free to contact us for your legal representation.
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