Truck Accident Attorneys in Manassas, Virginia

Every 16 minutes someone in this country is seriously injured or killed in a truck accident. The frequency and severity of accidents involving tractor trailers, semi-trucks, and large commercial vehicles make having the best available legal representation paramount for victims of these tragic events.

At the law offices of Olmstead & Olmstead, P.C., we work hard to protect the rights of clients who have been involved in Virginia truck accidents and have suffered serious personal injury. Our experienced Virginia personal injury attorneys understand the complex legal issues involved in these cases and will work diligently to represent your interests.

Truck Accident Statistics

According to the National Highway Traffic Safety Administration (NHTSA), more than 4,000 people were killed and 116,000 injured in large truck crashes in the U.S. in 2015 alone. This was a 4% increase over the prior year. Of those fatalities and injuries, 74% were occupants of other vehicles, not of the commercial trucks.

Because of its location on the east coast, Virginia has a large number of trucks bringing commerce into and through the state. In just the Commonwealth of Virginia, there are approximately 17,000 people injured and 150 people killed each year in truck accidents.

Types and Causes of Virginia Truck Accidents

Sharing the road with large commercial trucks is an inevitability for Virginia drivers. While many of these trucks are well-maintained and driven by conscientious drivers, this isn’t always the case. Because of the nature of these vehicles and the industry itself, trucks pose particular accident risks. Some of the common types of truck accidents include:

• Rollover Accidents happen when a truck tips over onto its side.
• Jack-knife Accidents are a common accident among trucks and occur when the truck loses traction and begins a sideways slide into other vehicles.
• Head-on Collisions can have devastating consequences due to the size and power of a large truck.
• Underride Accidents happen when a car becomes trapped underneath a tractor trailer.
• Blind Spot Accidents are also called “no zone” accidents and occur when a truck makes a maneuver without noticing vehicles in its blind spot.

The causes of these accidents vary, but a large majority are due to due driver negligence. This might be in the form of distracted driving, DUI, reckless driving, or speeding. Other causes are overloaded or improperly loaded freight and mechanical failure.

Common Causes of Virginia Truck Accidents

Despite the commercial trucking industry being tightly regulated, there are thousands of deaths attributed to truck accidents each year in this country. These massive vehicles, often weighing 20 to 30 times more than a standard passenger car, can cause catastrophic damage and severe injuries when involved in a collision. Understanding the primary causes of these dangerous and deadly truck accidents is crucial for both prevention and for those seeking justice.

Driver Fatigue

One of the most common and insidious causes of truck accidents is driver fatigue. The Federal Motor Carrier Safety Administration (FMCSA) has stringent “Hours of Service” (HOS) regulations designed to prevent drivers from operating vehicles while drowsy. These rules limit the number of hours a driver can be on duty and behind the wheel, mandating specific rest periods.

However, despite these regulations, drivers often face immense pressure from their employers to meet tight delivery deadlines, leading them to push beyond safe limits. This can result in impaired judgment, slowed reaction times, and even micro-sleeps, where a driver briefly falls asleep at the wheel, causing these tragic truck accidents. The consequences for other motorists can be devastating, highlighting why victims often need the expertise of truck accident lawyers in Virginia.

Impaired Driving

Impaired driving with truck drivers often involves drugs more than alcohol, although both are serious concerns. Due to the demanding nature of the position, including long hours and solitary travel, many drivers unfortunately turn to prescription stimulants or other illicit drugs to stay awake and focused while driving. Others may use pain relievers to cope with the physical toll of the job. Unfortunately, these substances have significant side effects, including impaired cognitive function, reduced motor skills, blurred vision, and can also lead to aggressive or erratic behavior. When a truck driver is operating under the influence, their ability to safely control a multi-ton vehicle is severely compromised, putting countless lives at risk on Virginia’s roads.

Speeding and Reckless Driving

Another leading cause of truck accidents is reckless operation due to excessive speed, unsafe lane changes, following too closely, and failing to compensate for road or weather conditions. Truck drivers, like all motorists, are subject to speed limits, but the sheer size and weight of their vehicles mean they require significantly longer distances to stop or maneuver. 

When a driver operates a commercial truck at excessive speeds, makes aggressive lane changes without proper clearance, or tailgates other vehicles, they drastically increase the risk of a collision. Furthermore, failing to adjust driving behavior for adverse conditions like rain, snow, ice, or heavy fog demonstrates a dangerous disregard for safety, frequently leading to severe accidents.

Maintenance Issues

When a truck driver or their company skimps on essential maintenance, the results can be catastrophic. Commercial trucks undergo immense wear and tear, and regular, thorough inspections and maintenance are critical to their safe operation. Some of the mechanical issues that can directly lead to a truck accident include blown tires, which can cause a driver to lose control, and failed brakes, which can prevent the truck from stopping in time. 

There can also be cases of defective parts, where a component fails due to a manufacturing flaw, leading to a sudden and unavoidable crash. These failures often point to negligence on the part of the trucking company or a third-party maintenance provider, making it essential to consult with truck accident lawyers in Virginia to investigate the root cause.

Unsafe Loading

Overloading a truck can significantly increase a company’s bottom line, but it’s also incredibly unsafe and creates a severe hazard on the road. Exceeding a truck’s Gross Vehicle Weight Rating (GVWR) can strain its braking system, tires, and suspension, making it difficult to control. Furthermore, the way that the cargo is loaded also matters immensely. Improperly loaded or secured loads can come loose, shift during transit, or even spill onto the roadway, creating immediate dangers for other vehicles. An unstable load can also cause the truck to become top-heavy, increasing the risk of rollovers, especially during turns or evasive maneuvers.

The Devastating Impact on Victims

The aftermath of a truck accident is often far more severe than that of a typical car accident. Due to the immense size and force involved, victims in passenger vehicles frequently suffer catastrophic injuries, including traumatic brain injuries, spinal cord damage, multiple fractures, internal organ damage, and severe burns. These injuries often require extensive, long-term medical care, multiple surgeries, rehabilitation, and can lead to permanent disability. 

Beyond the physical pain, victims face overwhelming financial burdens from medical bills, lost wages, and reduced earning capacity. The emotional and psychological trauma, including PTSD, anxiety, and depression, can also be profound and long-lasting. Navigating this complex recovery while dealing with aggressive insurance companies requires dedicated legal support, which is precisely what skilled truck accident lawyers in Virginia provide.

The Complexities of Trucking Regulations

The commercial trucking industry operates under a dense web of federal and state regulations, primarily enforced by the FMCSA. These regulations cover nearly every aspect of trucking, from driver qualifications, background checks, and mandatory drug and alcohol testing to vehicle maintenance schedules, inspection requirements, and detailed HOS rules. They also dictate how cargo must be secured and how dangerous materials are transported. 

When a truck accident occurs, a thorough investigation often involves scrutinizing compliance with these regulations. Violations, such as falsified logbooks, neglected maintenance, or improper hiring practices, can be key factors in establishing negligence and liability. Understanding these intricate rules is paramount for building a strong case, a task best handled by experienced legal professionals.

Serious Injuries and Damages From Truck Crashes

Commercial trucks can weigh up to 80,000 lbs., have massive blind spots, and limited maneuverability. If these machines sound like an accident waiting to happen, you’re right. When not handled with the utmost care and training, the results of a truck accident can be catastrophic.

Victims of truck accidents can suffer from extreme injuries and even death. Trucks are multi-ton vehicles that can cause much more damage than a standard motor vehicle. Serious injuries resulting from these accidents include broken bones, spinal cord injuries, internal injuries, severe burns, and traumatic brain injury. An accident victim may need a lifetime of medical care and could suffer permanent impairment from the crash.

In addition to the cost of medical care, trucking accidents can result in damages that include lost wages, pain and suffering, and rehabilitation expenses. A skilled Virginia personal injury attorney can help you and your family in pursuing the responsible party for these damages.

Who is Responsible for a Virginia Truck Accident?

The trucking industry is heavily regulated due to the inherent dangers of having these massive machines on the highway. Interstate commerce in this country may rely on 18 wheelers and semi-trucks, but these vehicles are proportionately larger than anything else in their path and pose a significant danger.

The U.S. Department of Transportation is largely responsible for regulating the commercial trucking industry. Other regulations might come from the Public Utilities Commission, the Department of Homeland Security, and other state and local agencies.

Not only are trucks that provide interstate commerce required to hold significant levels of insurance, but there are also regulations for trucking companies and drivers. Truckers must log the hours that they drive and take mandatory rest breaks. Loads that are carried must also be appropriate and properly secured. Many of the regulations that are in place today are a result of past personal injury cases resulting from deadly truck accidents.

While many of these trucking companies and their drivers do everything they can to stay safe on the road, the reality is that not everyone exercises the same degree of care, which can put innocent motorists and pedestrians in harm’s way. When a driver exceeds their hours of service restrictions, drives under the influence of alcohol or drugs, doesn’t properly maintain their vehicle, or doesn’t follow the rules of the road, the risk of a dangerous accident increases.

The issue of negligence in Virginia truck accidents can be complicated because of the nature of the industry. While the truck driver may be at fault in the accident, they may not be the only party to blame for a serious accident. Other potential defendants might include the trucking company, truck maintenance company, parts manufacturers, and freight loaders.

Proving liability in one of these accidents is complex because evidence of wrongdoing might quickly disappear for a variety of reasons. This is just one of the reasons why it’s so important to have an experienced and aggressive Virginia truck crash attorney on your side as quickly as possible.

Dealing With Insurance Adjusters Following a Truck Accident

Do Not Be Swayed by an Apology

Many insurers will use an apology program. These are a specific set of guidelines used to train adjusters to “apologize” to a crash victim as a method of avoiding claims or convincing the victim to settle for less than their claim is worth. It works in the following way:

You were in an accident with a commercial truck. In the course of that day, you get a call from the trucking company’s insurance provider. A pleasant-sounding adjuster tells you that they are sorry that you got hurt. They may also say that they are going to make you a “reasonable” settlement offer to avoid things getting messy by involving attorneys.

Do not give in to the temptation of the kind-sounding voice and a monetary offer. They aren’t calling you to be nice. Rather, they are calling as studies show that when an injured individual believes that they received an apology, they are more likely to settle the claim for less than they deserve. The success of these apology programs has prompted many hospitals to use them for medical malpractice situations.

How Truck Collision Insurance Works

The trucking company pays a premium to its insurance provider, similar to the way you do for your own vehicle. Like your insurance, the premiums rise when the trucking company is responsible for accidents.

The insurance company is liable for paying out the claims, irrespective of how much they collect in premiums. As trucking collisions are typically more devastating than accidents between passenger vehicles, these insurance claims can amount to substantial amounts of money.

Things to Remember

If you are confronted by the insurer, the following are a few things to bear in mind:

The Insurer Wants to Pay Out as Little as Possible

The insurance company’s goal is to pay out as little as possible to protect its bottom line. Why should they spend more of their money than absolutely required? Remember, you are not their customer, the trucking company is.

The Insurer is also a Business

The insurance company is a business, and it needs to pay out the least possible settlement to be able to remain profitable. Keeping their payouts low allows them to keep their premiums low. Low premium amounts keep their customers happy and allow them to remain in business.

The Adjuster Knows Things You Don’t

The insurance adjuster knows how much your injuries are actually worth. In addition, they have access to databases with comparable cases (which if the information regarding payout amounts for similar cases) and other information pertinent to the industry.

The Adjuster is Trained to Elicit Specific Responses From You

Adjusters are trained to elicit certain responses from victims, which can be as innocuous-sounding as “How are you?” and if you say “alright,” that could work against you in the future. Try to avoid small talk with insurance adjusters. If they ask anything about the incident, you should certainly decline to respond to those questions, even if they seem innocent. They want you to say something that puts more fault on you and takes it away from the trucking company.

Don’t Blame Yourself for Falling in this Trap

It is important to remember that it is not being uninformed or naïve if you fall into this type of trap. You have just been involved in a crash, and even if you feel alright, you’re likely at least a little shocked from the emotional distress and stress of the incident, and you might not be thinking rationally. Furthermore, remember that it is the adjuster’s job to ask these questions in a manner that influences your responses. In fact, they have scripts to follow and training that teaches them such tactics.

The Insurance Adjuster is Attempting to Work Within their Settlement Authority

The insurer has already determined what it thinks your claim is worth. The adjuster is authorized to settle for up to an amount that is potentially much lower than your claim’s actual value. The adjuster tries to settle far below the claim’s value as they can to show their value to their supervisors. However, you don’t and shouldn’t have to accept it.

Insurance Companies Sometimes Purposely Delay Claims

The insurance provider has made you a settlement offer, which you declined. Out of the blue, your phone calls are no longer being entertained. Your emails are not answered. There is documentation that never gets process. It’s unethical and at times unlawful, but an insurer might try to run out your statute of limitations.

The Statute of Limitations

The statute of limitations refers to the amount of time you have to file a claim. It might differ based on the state where you reside. An insurance provider may stall for a time long enough that you are unable to file a legal recourse.

Benefits of Hiring a Skilled Virginia Truck Accident Attorney

If you or a loved one have been injured in a Virginia trucking accident, you may have grounds to pursue compensation for your losses.  Our team of Virginia truck accident attorneys has years of experience in helping truck accident victims and holding responsible parties accountable. We will thoroughly investigate your case, obtain documentation from the other side, and work tirelessly to recover your losses. Our Virginia personal injury attorneys work with truck accident experts who specialize in securing evidence to support your claim for damages.

Time is not a luxury in these cases as you only have two years from the accident date to file your claim. We recommend reaching out to us about your case immediately. Contact the experienced Virginia truck accident attorneys at Olmstead & Olmstead at (703) 361-1555 or online to schedule a consultation today.