Yorktown, VA, Truck Accident Attorney
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Truck collisions can be fatal. They have a greater duty to protect others on the road.
Truck accidents can cause serious injuries and major property damage. When these accidents lead to injury or death, survivors often face both emotional and financial stress.
Filing a legal claim can help. A settlement or jury award can cover unexpected medical bills, daily expenses, and other financial needs. This support can make it easier to move forward and plan for the future after a truck accident.
Contact The Smith Law Center online or at (757) 244-7000 for your no-cost consultation. Our Yorktown, VA, truck accident law firm is here to help you and your family during this challenging time.
"The staff at Smith Law Center is absolutely the best. From the ladies who greet you at the front desk, the assistants in the office and of course Mr. David Holt and Ms. Samantha Cohn the attorneys who worked on my case. They all made me feel so very comfortable explaining every step of my case. I am extremely grateful for their kindness and patience. Their knowledge of the law and their presentation in court was exceptional.
I thank each and everyone and highly recommend The Smith Law Center."
Sonya A.
How Many Truck Accidents Take Place in Virginia per Year?
The Virginia Department of Motor Vehicles has released statistics for truck accidents across the state of Virgnina:
- In Virginia, there were an estimated 2,847 large truck crashes in 2023, which accounted for 2.2% of all traffic collisions.
- In these accidents, 49 were fatal, while 870 produced injuries.
- 1,928 large truck crashes caused extensive property damage.
- In almost half of these accidents, the truck driver had not committed any violations. In 97.2% of these crashes, the truck driver was completely sober.
- The external factors most likely to cause crashes include mechanical failures or dangerous roads.
How Many Truck Accidents in Virginia are Fatal?
Truck accidents pose a safety concern not only for the people of Yorktown, VA, but for the entire United States.
Just a few years ago, the U.S. recorded 5,936 fatalities resulting from large-truck crashes. This is an overall 2% increase from previous years and a nearly 50% in the past decade. Fatalities by trucks break down into three categories:
- Vehicle Occupants: Almost 70% of deaths in truck crashes were from vehicles sharing the road with trucks. In cases where fatality was avoided, survivors suffer from extensive brain and physical injury– underride accidents being a common contributor.
- Truck Occupants: Surviving truck drivers are often left unscathed. But still, a whopping 19% of fatalities in truck crashes were the truck occupants themselves.
- Non-Occupants: This category includes pedestrians and bicyclists. They account for 11% of the total fatalities.
Should tragedy hit you and your family, knowing what compensation you might be entitled to is important. For example, in cases of wrongful death, compensation can cover funeral costs, loss of companionship, lost wages and so much more.
The long-lasting effects of your catastrophic injuries may be used by an attorney to maximize compensation. Contact The Smith Law Center at (757) 244-7000 for a free, personalized consultation if you were involved in a Yorktown, VA, truck accident.
What Causes Yorktown, VA Truck Accidents?
There are many factors that may be responsible for causing a truck accident. One of the most common causes is simply driver error.
Errors can include speeding, driver fatigue, aggressive driving, or driving under the influence of drugs or alcohol. According to the Centers for Disease Control (CDC), driving under the influence leads to the most fatalities. In Yorktown, VA, distracted driving is the number one contributing factor to crashes.
Other contributing factors include:
- Bad weather
- Road design or road maintenance issues
- Employer negligence
- Improper cargo securement
- Mechanical failures
- Improper stopping distance
An experienced Yorktown, VA, truck accident lawyer will work with authorities to investigate the source of the accident. This helps local enforcement implement measures to prevent future accidents.
See how we’ve helped clients like Nancy Harris, who received counsel and compensation after sustaining a brain injury in a commercial truck accident.
What Can a Yorktown, VA, Truck Accident Lawyer Do to Support You?
A good truck accident lawyer works to position your case for the most favorable outcome.
According to a Martindale-Nolo study, accident victims are more likely to walk away with a settlement if they have adequate legal representation. A lawyer can help secure a settlement amount 300% higher on average than payouts agreed upon without professional legal help. With The Smith Law Center, survivors of truck crashes can:
- Gather evidence more efficiently. This includes witness statements, truck records and black boxes, video footage, and any available police reports.
- Ask investigators and experts to reconstruct the scene of the crime as necessary.
- Secure truck driver’s hours of service logs and employment records to examine and search if any previous violations of state or federal regulations have occurred.
- Use all expenses incurred for post-accident care to increase the award amount granted.
Contributory Negligence in Virginia
Virginia’s contributory negligence law can present challenges for victims of truck accidents seeking compensation. Under this rule, if a victim is found even slightly at fault for the accident, no matter how small, their ability to recover damages is reduced.
This means that even if the truck driver or trucking company is overwhelmingly responsible, a small misstep by the victim could impact their case. For truck accident survivors, this legal standard can feel discouraging.
However, working with an experienced truck accident attorney can make a difference. Our team regularly secures multi-million dollar results for our clients. Our $10.2 million jury verdict helped with both physical and operative care for a woman suffering a brain injury from a truck injury. We’ve helped a cyclist recover $2 million in damages after being struck by a truck driver’s mirror.
We will also negotiate with insurance companies on your behalf. Insurance companies often try to discourage survivors from seeking justice with low-ball offers. Never speak to insurance or third parties first. Let us speak to them for you in your best interest.
A Truck Accident Lawyer in Yorktown, VA, Can Help You Secure Financial Compensation
"We’re always ready for trial. Sometimes to get it done, you have to fight harder."
David Holt | Attorney at The Smith Law Center
In a truck accident lawsuit, compensation will be awarded for the losses suffered by the injured party due to the accident. An experienced truck accident attorney can help you understand your rights and seek maximum compensation.
Some types of compensation available in truck accident lawsuits may include:
- Compensation for medical expenses: A truck accident can result in serious injuries requiring significant medical expenses. You may find yourself unprepared for the costs of rehabilitation, surgeries, or any additional ongoing care.
- Pain and suffering compensation: Being involved in a truck accident can be a traumatic experience. Reliving the details of the accident during the lawsuit process can exacerbate feelings of stress, anxiety, and fear. You may feel anger and frustration towards the party responsible for the accident.
- Loss of income: You may be entitled to compensation if you cannot work due to your injuries. You may be awarded the income you would have earned while you could not work. This may also include your future earning capacity if your injuries result in long-term or permanent disability.
- Punitive compensation: In cases where the responsible party’s actions are reckless, additional monetary funds may also be awarded. Punitive awards are intended to punish the defendant for their behavior and deter similar conduct in the future.
- Reimbursement for property damage: These funds cover vehicle or property damage. If your personal belongings or other items were damaged in the accident, you may also be able to pursue compensation for those lost items.
A settlement or award from a lawsuit can also cover other miscellaneous costs and out-of-pocket expenses. These expenses may include transportation costs to and from medical appointments, home modifications for accessibility, or the cost of hiring help for tasks the injured person can no longer perform.
Coping with the aftermath of a truck accident can be daunting. We can offer support and guidance throughout the legal process. Let us help you navigate complex legal procedures and safeguard your rights.
You have up to two years to file a lawsuit after a truck accident in Yorktown, VA. But we advise survivors of these crashes to come forward as soon as possible. Much of the evidence needed to go forward with your claim is time-sensitive.
Contact a Yorktown, VA, truck accident lawyer from The Smith Law Center online or at (757) 244-7000. Your Yorktown, VA, attorney will strive to maximize the compensation you receive for medical expenses, lost wages, pain and suffering, and other damages from the accident.
About Smith Law Center
Contact The Smith Law Center: Truck Accident Attorney in Yorktown, VA
Truck accidents pose distinct challenges due to the significant difference in size and weight between commercial trucks and passenger vehicles. These disparities frequently lead to severe injuries and substantial property damage. These aspects must be carefully considered when initiating a lawsuit related to a truck accident.
We are more than just your attorneys; we are your neighbors and advocates. A settlement may massively relieve the financial stress you experience after a near-fatal wreck.
The attorneys at The Smith Law Center have over 75 years of experience handling truck accident lawsuits. Our team of knowledgeable attorneys has the resources and skills to set your case up for success. We have won many victories for our clients, including a $10 million dollar award to a woman injured in a Virginia truck accident.
When you are ready to begin the legal process, contact The Smith Law Center online or call our office at (757) 244-7000 for assistance.
FAQ
FAQs
How much is my Yorktown, VA, truck accident lawsuit worth?
The specific compensation awarded in a truck accident case depends on various factors, including the severity of the injuries, the impact on the victim's life, the level of negligence involved, and applicable state laws. The skill and experience of your attorney can also affect the monetary compensation you can receive.
How do I choose a reputable truck accident attorney in Yorktown, VA?
Many attorneys offer free initial consultations where you can discuss your case and ask questions to evaluate their expertise and communication style. Select an attorney you feel comfortable working with and who inspires confidence in their ability to handle your case effectively. At The Smith Law Center, we have direct experience handling the complex legal and medical issues involved in truck accidents.
Who can I sue for my Yorktown, VA, truck accident?
In many cases, the trucking company that employs the driver may also be liable for the accident. Trucking companies can sometimes be held responsible for the actions of their employees under the legal principle of "vicarious liability." Additionally, if the trucking company was negligent in hiring, training, or supervising the driver, they may be directly liable for the accident.
When should I file my Yorktown, VA, truck accident lawsuit?
In Virginia, including Yorktown, the statute of limitations for personal injury lawsuits, including those arising from truck accidents, is generally two years from the accident date. It is important to adhere to this deadline, as failing to file within the statute of limitations could result in your case being dismissed by the court.