It takes concentration and experience to control a truck on the road. The conditions under which many of these drivers operate their rigs can beget accidents, though, even after years of driving. Unfortunately, a negligent truck driver can put everyone around them in serious danger.
In the days following a truck accident, you’ll want to know who to hold liable for your losses. You’ll also want an estimate of what your loss-based compensation might look like. For legal assistance throughout the recovery process, you can count on a Norfolk truck accident attorney. Christina Pendleton & Associates can help you fight for the financial support you deserve.
Understanding Liability in Truck Accident Complaints
The question of fault in Virginia puts significant pressure on every driver on the road. Drivers are expected to uphold what is known as a state-wide duty of care. This duty requires drivers to act as reasonably as possible on the road.
This means obeying traffic laws and striving to keep one another safe from harm. Drivers accused of neglecting their duty of care or otherwise deliberately violating it can be held liable for any accidents they cause.
That said, Virginia also gives drivers some legal leeway courtesy of the state’s contributory negligence statute. Code of Virginia § 8.01-58 notes that in any instance in which full blame for a crash cannot be attributed to a single party, neither party can fight for compensation.
Before you file a complaint, discuss contributory negligence with a truck accident lawyer in Norfolk to learn more about its impact on your case.
Assigning Liability in a Truck Accident
To complicate matters further, it isn’t always another driver who’s responsible for a truck accident. Trucks, rather, represent the labor of several different parties. If any one of those parties neglected their jobs, they may have endangered all the other individuals that a trucker may have come into contact with.
As such, liability in a truck accident can fall to parties other than the truck driver. It may also be attributed to the truck’s manufacturer, the driver’s parent company, the truck’s loading staff, or a maintenance crew. You can even bring a case against local government representatives if you believe road construction or damage contributed to your losses.
Once you’ve established an idea of who may be liable for your losses, you need to prove their fault. Insurance claims can help with this process. You can also work with a legal team to establish a correlation between your losses and another party’s recorded behavior. In these cases, everything from dash-cam footage to eyewitness accounts can help you move your case forward.
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When Should I Call a Norfolk Truck Accident Attorney?
Professional legal advice can make the aftermath of a truck accident easier to contend with. The services that legal teams can provide you can help you understand post-accident liability, the complexities of legal negligence, and the different ways you can request compensation for your losses.
You can call Norfolk truck accident lawyers even if you’d rather keep your case out of court. Most truck accident claims do not go to trial but rather allow all parties involved to meet on equal legal footing. A legal representative can help you address settlement offers, negotiate with liable parties, and manage your post-accident assets.
No matter what this process looks like for you, an attorney can help you keep your best interests in mind.
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Our Truck Accident Attorneys Can Meet Virginia’s Statute of Limitations
Virginia does not allow its injured residents to act on cases that it deems expired. As such, you’ll want to keep the state’s statute of limitations in mind. Code of Virginia § 8.01-243 gives all residents two years to act on their losses. If you do not submit a truck accident complaint within this two-year period, Virginia courts will consider your case expired, and you will not be able to seek compensation for your losses.
If you have the opportunity, you can sit down with a personal injury attorney specializing in truck accidents within days of your wreck. The more time you give yourself to gather complaint-essential information, the sooner you can bring your case before a Virginia court.
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Our Norfolk Truck Accident Lawyers Operate on Contingency
Because truck accidents can be so costly, many families feel reluctant to pursue post-accident legal action. We recognize that barriers to legal action can prevent deserving families from receiving the financial support they need. As such, the team offers all our legal services on a contingency-fee agreement.
Contingency allows you and your family to focus on your recovery even as you receive legal guidance. Even then, you’ll only see a bill for that guidance if Christina Pendleton & Associates wins your case. If you’re worried about being able to afford an attorney, a contingency-fee basis makes it feasible.
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What Compensation Should I Ask for After a Truck Accident?
Post-accident compensation strives to make your recovery simpler. That said, it can be challenging to know what kind of compensation you are able to ask for after a truck accident. This is where a consultation with Norfolk truck accident attorneys can come in handy.
You can assess your accident for both economic and non-economic losses, then detail the extent of those losses in your complaint. Some of the most common damages to request include:
- Care for medical expenses
- Physical therapy
- Lost wage or opportunity for employment
- Pain and suffering
- Emotional distress
Should the circumstances call for it, you can also request compensation for funeral expenses and wrongful death. If it appears that the liable party acted in gross violation of the law, the court may even opt to apply punitive damages to your case. However, you may not request these damages alongside the rest of your potential compensation.
Let the Pendleton Law Team Go to Work For You
Recovering from a truck accident doesn’t have to put more strain on you and your family. Instead, let a Norfolk truck accident lawyer take that burden for you. The team with Christina Pendleton & Associates has served over 80,000 clients and can use that experience to fight for your financial support.
You can use our online contact form or call our office to learn more about the legal services available to you.
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