Chesapeake Truck Accident Lawyer

Being involved in a truck accident can leave lasting physical injuries and emotional scars. Taking legal action to recover your losses might feel intimidating, especially when facing powerful adversaries like trucking companies. However, a skilled Chesapeake truck accident lawyer will protect your rights.

I, Ed Atkinson, want to empower you to fight for your financial security. With over 15 years of experience advocating for justice on behalf of the injured, I deliver results.

As an experienced personal injury lawyer in Chesapeake, VA, I’ve seen firsthand the devastating impact truck crashes can have on victims, and I always fight for maximum compensation. Call me today for a free case evaluation.

How Can a Truck Accident Attorney in Chesapeake Help You

Being involved in a truck accident case can be traumatic, and what comes next is confusing. As your attorney, I will tell you everything you need to know to make decisions about your case, and I will keep you updated on the progress of your claim.

As your truck accident lawyer, I will:

• Investigate the truck accident scene
• Gather different types of evidence to strengthen your claim
• Estimate how much your truck accident case is worth
• Handle all communication with the insurance company
• Negotiate for the maximum settlement
• Prepare you for trial if your case ends up in court

It is natural for you to feel confused after the collision and unsure of what to do next, but what you do after a truck accident in Virginia will influence your claim. An experienced attorney will compassionately guide you through the next steps and maximize the value of your claim.

Working with an experienced lawyer like me increases your chances of a successful outcome. Over the years, I have developed effective strategies for presenting strong claims. You can rely on me to handle negotiations with insurance companies and present your case confidently in court if necessary. I will provide the support you need during this challenging time.

No Win, No Fee

I believe that everyone should have equal access to quality legal services, regardless of their financial situation. That is why I work on a contingency fee basis. This means that I only get paid if I win your case. Then, I will collect a percentage of your award or settlement amount; you don’t pay for my legal services out of your own pocket.

The Right Lawyer to Navigate the Complexities of Truck Accident Cases

Truck accidents involve unique challenges, from the massive size and weight of commercial vehicles to the complex web of regulations that govern the industry. Don’t let the uncertainty of the legal process stop you from seeking fair compensation. A Chesapeake car accident lawyer experienced in truck crash cases will help you navigate the legal landscape.

I understand the unique challenges these types of claims present and have developed effective legal strategies that win cases. Truck accident claims demand an attorney with in-depth knowledge and a proven track record of success.

Negotiating With Insurance Companies After a Chesapeake Truck Accident

If you believe the insurance claim process after a truck crash is complicated, you are right. This is intentional to discourage injured victims like you from seeking compensation. Insurance companies play many games to pay you less than they should.

It’s important to recognize that claim adjusters, while they may seem friendly, are not on your side. The primary objective of insurance companies is to protect their own financial interests at all costs. They will not hesitate to shift blame onto you, undervalue your claim, or outright deny it.

I, Ed Atkinson, believe that your financial well-being is not up for debate. As your lawyer, I will build a robust, evidence-backed case that will make insurance companies acknowledge the merits of your accident claim. If they deny a just settlement, I will take the fight to court.

Available Compensation in a Chesapeake Truck Accident Case

A truck crash can have a profound financial impact that extends far beyond immediate injuries and property damage. It can disrupt your life in ways you never expected. From mounting medical bills to lost wages due to time off work, the financial pressure can become overwhelming.

As a truck accident victim, you could claim the following damages:

• Medical expenses
• The cost of future medical treatments
• Bodily injuries
• Property damage
• Lost wages
• Loss of earning potential
• Physical pain and mental anguish
• Disfigurement

As your personal injury attorney, I maximize the value of your accident claim. However, the amount you recover largely depends on the severity of your injuries and the extent of property damage. During our first consultation, I will review the details of your case to determine the best approach for a full recovery.

Your Truck Accident Case Might Also Qualify for Punitive Damages

Under certain circumstances, truck accident cases could qualify for punitive damages. Instead of compensating plaintiffs, these serve as punishment and a deterrent. To be eligible, you must prove that the at-fault party’s actions showed an unlawful disregard for your rights.

In Virginia, as in all jurisdictions across the United States, laws and regulations prohibit truck drivers from operating their vehicles while under the influence. Commercial truck drivers are subject to a strict BAC limit of 0.04%, lower than the limit for non-commercial drivers. Violating this regulation can result in serious legal consequences.

For example, punitive damages may apply if the driver who caused the crash had a blood alcohol concentration (BAC) of 0.15% or higher. Also, Virginia Code §8.01-44.5 considers an unreasonable refusal to submit to a BAC test after a collision as a conscious disregard for the safety of others.

Who Is at Fault for Your Truck Accident?

Truck accident cases are complex due to liability issues. Multiple parties may share fault, making it hard to determine who to file a claim against. Your attorney will use all available evidence to identify who caused the collision.

Potentially at-fault parties in a truck accident case include:

• The truck driver: When a commercial driver engages in negligent behaviors such as speeding, driving under the influence, distracted driving, or violating traffic laws, they can be responsible for the crash.
• A trucking company: A trucking company can be at fault for a collision if they do not provide adequate training to their drivers or pressure drivers to work beyond safe limits. If the company ignores safety regulations or hires drivers without proper background checks, they can also be held responsible.
• Maintenance providers: If they overlook mechanical issues, use substandard parts, or do not follow safety protocols, they can be held responsible for any resulting accidents. Poor maintenance can lead to brake failures, tire blowouts, or other mechanical problems that cause accidents.
• Cargo loaders: If the cargo is not balanced correctly, it can shift during transit, causing the truck to become unstable and leading to accidents. Overloading the truck or not following safety regulations for securing loads can also contribute to accidents.

As your Chesapeake truck accident attorney, I will determine the at-fault party or parties and negotiate for maximum compensation. I will fight to ensure that you get the amount you need to rebuild your life.

How to Prove Negligence After a Chesapeake Truck Crash

Negligence happens when someone fails to act with the care that a reasonable person would in similar situations, causing harm to another person. Proving negligence is essential for getting compensation in personal injury claims.

As your Chesapeake truck accident lawyer, I will focus on these main elements to show negligence:

• Duty of care: The commercial driver has a responsibility to follow traffic laws and operate the truck safely to protect the safety of others.
• Breach of duty: When the truck driver does not meet their duty of care, a breach of duty occurs. Common examples include driving while fatigued, speeding, or drunk driving.
• Causation: I will prove that the breach of duty directly caused the truck crash. To achieve this, I will link the driver’s negligence to the damage and injuries you suffered.
• Damages: These refer to the losses you experienced after the truck collision.

After a truck accident, I can prove negligence by gathering evidence that shows the truck driver or company didn’t act responsibly. I’ll get eyewitness statements and police reports and also review your medical records. As your lawyer, I may review the truck driver’s logs, maintenance records, and company policies to find violations that support your case.

Understanding Virginia’s Contributory Negligence Rule

In Virginia, the contributory negligence system is in place, meaning if you’re even slightly at fault for the truck crash, you can’t recover any losses from the other party. This system is more strict than the comparative negligence used in many states, where you could still get compensation if you’re partly responsible.

If the other party can establish that you contributed to the crash, you won’t receive financial compensation. This highlights the importance of having a skilled Chesapeake truck accident lawyer who can argue effectively on your behalf and protect your right to recover your losses.

Filing a Wrongful Death Case After a Fatal Truck Accident in Chesapeake

I extend my heartfelt condolences if you’ve lost a loved one in a fatal truck accident. As an experienced wrongful death lawyer in Chesapeake, I understand how devastating the sudden loss of a family member can be.

Under Virginia law, the victim’s surviving family members can seek compensation from the responsible party for the hardships they’ve endured. I will build a robust case based on evidence, demonstrating the impact of this tragic event on your life.

Damages you can recover through a wrongful death claim include:

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

Under Code of Virginia § 8.01-53, a wrongful death claim can be filed by a representative of the deceased’s estate on behalf of surviving family members. This includes the spouse, children, grandchildren, or other dependents who relied on the deceased for support.

When there are multiple beneficiaries, such as several children, compensation is typically divided equally. However, when distributing the award, the court may take into account factors like each beneficiary’s relationship with the victim and their financial needs.

Virginia’s Time Limit for Filing Personal Injury Lawsuits

The statute of limitations for personal injury lawsuits in Virginia typically allows a two-year window from the date of the crash, as per the Code of Virginia § 8.01-243. Failing to meet this deadline could jeopardize your right to seek compensation.

As an experienced truck accident attorney, I handle all cases with urgency. From the moment you contact me, I will start working on building a strong claim for you. The sooner I can begin the process, the better chance we have to gather crucial evidence before Virginia’s statute of limitations expires.

Understanding Virginia Truck Accident Laws

Both state and federal regulations oversee the trucking industry. In Virginia, the Department of Motor Vehicles (DMV) establishes rules regarding the size, weight, and equipment standards for commercial trucks. Meanwhile, the Federal Motor Carrier Safety Administration (FMCSA) imposes limits on the hours truck drivers can work.

As an experienced Chesapeake truck accident attorney, I understand how these laws can benefit your case. With years of experience handling truck accident claims, I’ve witnessed the severe impact these collisions can have. I’m dedicated to securing a settlement that addresses the physical, emotional, and financial challenges you’ve faced since the crash.

Call an Experienced Truck Accident Lawyer in Chesapeake

At Atkinson Law, I am proud to offer an entirely different legal experience that stands apart from the impersonal approach of large law firms. As your attorney, I am dedicated to exceeding expectations and delivering exceptional results. My commitment to client satisfaction is also reflected in my track record of receiving only five-star Google reviews.

If you or a loved one were injured in a truck crash, don’t take legal action without professional guidance. As your Chesapeake truck accident lawyer, I will protect your rights and represent your interests. Contact me today to discuss the details of your case.