Newport News Truck Accident Lawyer

Due to the size and weight of commercial trucks, a crash can cause severe injuries or fatalities. An accident like this can leave you with medical bills, emotional trauma, and financial problems from missing work. After a life-altering crash, a Newport News truck accident lawyer will help you seek justice.

I’m Ed Atkinson, and the sooner you reach out to Atkinson Law, the more time I will have to build your case. I have over 15 years of experience serving injury victims in Virginia. As your Newport News personal injury lawyer, I can guide you through the legal process and pursue the financial compensation you deserve.

We can meet in my office, the hospital, or in the comfort of your home. I also offer phone and Internet consultations. Call my office today for a free, no-risk case evaluation.

The Right Newport New Truck Accident Attorney to Simplify Your Case

Truck accident cases are more complicated than standard car crash claims due to several reasons. Trucks are larger and heavier, often causing more severe damage and injuries. Multiple parties can be involved, including the trucking company. Since trucking companies have access to aggressive lawyers and claim adjusters, dealing with them directly can feel intimidating.

Additionally, trucking industry regulations and federal laws apply, adding layers of complexity. Gathering evidence such as driver logs, maintenance records, and black box data is also more difficult. The trucking company will try to get their hands on any evidence before you do.

As an experienced truck accident attorney in Newport News, I understand the complexities involved in these types of cases. Over the years, I have perfected effective strategies to investigate accidents thoroughly, identify responsible parties, and build strong claims. My track record of successful case results is proof of my dedication.

Understanding Virginia Truck Accident Laws

State and federal regulations govern the trucking industry. For example, the Virginia Department of Motor Vehicles (DMV) sets weight, size, and equipment requirements for commercial vehicles. At the same time, the Federal Motor Carrier Safety Administration (FMCSA) limits truck drivers’ hours of service.

As a seasoned truck accident attorney, I know how to use these laws to your advantage. I have handled many truck accident cases over the years and have seen firsthand how devastating these crashes can be. I could help you pursue a settlement that addresses the physical, emotional, and financial hardships you’ve endured since the collision.

Recovering Compensation in a Newport News Truck Accident Case

Medical expenses can add up quickly, depending on the extent of your injuries. Lost wages or the loss of future earning potential may add to your financial struggles, especially if your injuries result in a long-term disability. You may also experience non-economic damages, like the loss of enjoyment of life.

If you suffered a severe injury, like a traumatic brain injury (TBI), I will focus on the many ways your condition changed your life. As an experienced Newport News brain injury lawyer, I am dedicated to fighting for justice on your behalf.

While every case is unique, available damages in a truck accident claim may include the following:

• Medical expenses (past and future)
• Lost wages
• Loss of future earning potential
• Physical pain and mental anguish
• Disfigurement
• Vehicle damage

I will calculate how much money you spent after the truck collision and how much more you are likely to spend until your life returns to normal. As an experienced personal injury lawyer, I understand how a truck accident can affect your life. When it comes to pursuing damages in your case, I will leave no stone unturned.

Potential Punitive Damages

Punitive damages in a personal injury case punish the at-fault party for their disregard for the safety of others on the road. However, the case must meet certain criteria to qualify. As your truck accident attorney, I can determine if you are eligible to receive punitive damages. 

For example, you could get punitive damages if a drunk truck driver caused your injuries. Also, if the driver unreasonably refuses a BAC test, they may face punitive damages.

In Virginia, punitive damages have certain limitations. There is a $350,000 cap on the amount of punitive damages that can be offered. While there is a limit on how much you can receive, remember that this amount is in addition to covering your medical bills and other losses. As your attorney, I will evaluate all your options for compensation and get you more money.

As Your Newport News Truck Accident Attorney, I Will Negotiate With the Insurance Company

Insurance companies want to minimize payouts to protect their profits, offering settlements that are far lower than what you deserve. They might pressure you to settle quickly or use tactics to undermine your claim. As an experienced attorney, I am familiar with the games insurance companies play.

Claim adjusters will try to create a sense of security so you feel comfortable talking about the collision. But don’t be fooled; they will not hesitate to use anything you say against you. That is why it is best to leave the communication with the insurance company to your attorney.

Without proper legal help, you may miss out on fair compensation for your injuries and damages. An experienced truck accident attorney like myself can negotiate with the insurance company on your behalf. I know how to present a winning claim. If the insurance company refuses to agree to a fair amount, I am prepared to take your case to court.

You Have a Limited Time to Take Legal Action in Virginia

If the insurance company refuses to offer a fair settlement, you have the right to take the at-fault party to court. However, you have limited time to do so. Virginia’s statute of limitations typically gives you just two years from the accident date to file a personal injury lawsuit. The time limit for wrongful death lawsuits is also two years.

That said, the specifics of your case could alter the deadline. For example, you may have more time if the accident victim is a minor. When you reach out to Atkinson Law for a free consultation, I’ll tell you exactly how much time you have left in your case.

Don’t Wait to Seek Legal Help

What you do after a truck accident in Virginia will impact the value of your claim. If you wait too long to take action, your case will likely be dismissed, and you’ll be stuck footing the bill for your accident-related expenses.

Even if you still have a long time until the deadline, it’s best to seek legal advice as soon as possible after a crash. With each passing day, evidence could be covered up, and witnesses can be harder to locate.

As your attorney, I, Ed Atkinson, can protect your right to recover a fair settlement or court award. Also, the sooner you reach out to me, the sooner you can obtain the money you need to recover and put this nightmare behind you.

Since I handle cases on a contingency-fee basis, you won’t pay anything upfront or out of pocket. I only get paid when I get you an insurance settlement or court award.

Determining the At-Fault Party After a Truck Crash in Newport News

Truck accident cases are complicated due to the liability issues involved. Since multiple parties can share fault for the collision, determining who to file a claim against is often complicated. Your attorney will use all the available evidence to identify who caused the collision.

Potentially liable parties in a truck accident case include:

• The truck driver
• A trucking company
• Truck owner
• Maintenance providers
• Cargo loaders
• Public entities

As your Newport News truck accident lawyer, I will identify the at-fault party or parties and seek the maximum compensation available in your case. I will fight to ensure that you and your family receive the financial support needed to move forward after such a tragic event.

How to Establish Negligence in a Truck Accident Case

Negligence occurs when someone fails to act with the level of care that a reasonable person would in similar circumstances, leading to harm to another person. Proving negligence is essential for securing compensation in personal injury cases.

Your Newport News truck accident attorney will focus on the following key elements to prove negligence:

• Duty of care: The truck driver has a legal responsibility to operate the vehicle safely and follow traffic laws to protect others on the road.
• Breach of duty: This occurs when the truck driver fails to meet their duty of care. Examples include speeding, driving while fatigued, or not maintaining the truck properly.
• Causation: You must show that the breach of duty directly caused the accident and your injuries. This means linking the driver’s or company’s negligence to the harm you suffered.
• Damages: These are the actual losses you experienced due to the accident.

I can prove negligence after a truck accident by gathering and presenting evidence that shows the truck driver or company failed to act responsibly. I will obtain police reports, eyewitness statements, and any video footage of the crash. As your lawyer, I may also review the truck driver’s logs, maintenance records, and company policies to find violations.

Virginia Follows a Contributory Negligence System

Virginia follows a contributory negligence system, which means that if you are found to be even slightly at fault for an accident, you cannot recover any damages from the other party. This system is stricter than the comparative negligence systems used in many other states, where you can still recover some compensation even if you are partially at fault.

In Virginia, if the other party can prove that you contributed to the accident in any way, you will not be able to receive any financial compensation for your injuries or damages. This makes it crucial to have a skilled attorney who can effectively argue that you were not at fault.

Compassionate Legal Support After a Fatal Truck Accident in Newport News

Please accept my sincere condolences if you recently lost a family member in a deadly truck crash. As an experienced wrongful death lawyer in Newport News, I know how devastating the untimely loss of a loved one can be.

In Virginia, the surviving family members of the deceased victim can claim compensation from the at-fault party for the losses they suffered. I will build a strong, evidence-based case, showing how your life changed after the tragic event.

Wrongful death damages in Virginia include:

• Medical expenses resulting from the injury that caused the death
• Lost financial support
• Loss of income
• Pain and suffering
• Burial and funeral expenses

The Code of Virginia § 8.01-53 specifies who can file a wrongful death claim. A representative of the deceased’s estate can file a lawsuit for surviving family members, including the spouse, children, grandchildren, or other relatives who lived with and depended on the deceased for support.

In cases with multiple beneficiaries, like several grandchildren, compensation is usually divided equally. However, the court may consider factors such as each beneficiary’s financial needs and relationship with the deceased when distributing the award.

Contact an Experienced Truck Accident Attorney in Newport News

A truck accident often results in extensive damage, making the stakes high in these cases. If you or a loved one were injured in one of these collisions, you deserve fair compensation. Don’t settle with an insurance company before understanding the full value of your claim.

As your Newport News truck accident lawyer, I can review your case, explain your legal options, and guide you through your next steps. Unlike many other attorneys in our area, I will remain personally involved throughout your case and update you as often as you like. Learn how I can help you during a free, no-obligation consultation.

Contact my office today to get started.