Hampton Truck Accident Lawyer

As a Hampton truck accident lawyer, I know that a collision with a large commercial vehicle can cause a lot of devastation. Due to the size and weight difference between trucks and smaller vehicles, the impact can result in severe injuries, significant property damage, and even fatalities.

If a reckless truck driver hurt you, you have options to recover your losses. As an experienced personal injury lawyer in Hampton, I will investigate the circumstances of the crash. Call me, Ed Atkinson, to discuss the details of your claim.

The Right Hampton Truck Accident Attorney to Handle Your Case

Truck crash cases are more complicated than collisions involving only passenger vehicles. The weight and force of a commercial truck can devastate smaller cars.

Additionally, the trucking industry is closely governed by state and federal regulations. For example, the Federal Motor Carrier Safety Administration (FMCSA) regulates the hours of service, while the Department of Motor Vehicles (DMV) sets size, weight, and equipment requirements for Virginia trucks.

As an experienced truck accident lawyer in Hampton, VA, I understand how these regulations might affect your case. During my legal practice, I have seen firsthand how a crash can impact victims’ lives. I will familiarize myself with your physical, emotional, and financial problems to protect your rights and help you through the legal process.

Available Damages for Truck Accident Victims

As your attorney at Atkinson Law, I will protect your right to recover your past and future losses fully. I will investigate the circumstances surrounding the collision, gather evidence, and build a strong case on your behalf.

Many truck accident victims are severely hurt. If you were diagnosed with a catastrophic injury, I can also serve as your Hampton brain injury lawyer or Hampton spinal cord injury lawyer and focus on how the condition changed your life.

While you likely know you can get medical expenses and property damage, you might be surprised to learn you can also get compensation for other losses.

For example, surviving a traffic accident can leave a deep psychological wound that can be just as serious as a physical injury. While the insurance adjuster will ignore your psychological trauma, as your lawyer, I will help you prove these intangible losses.

The available damages after a truck crash include:

• Medical bills: These can cover a wide range of expenses, including hospital bills, surgeries, medications, rehabilitation, therapy, and any other necessary medical services.
• The cost of future medical care: This refers to compensation for the anticipated medical expenses that will be necessary for ongoing treatment resulting from injuries sustained in the collision. 
• Lost wages: If your injuries prevented you from working, you could recover your lost earnings.
• Loss of earning potential: When severe injuries lead to disabilities, this can impact your ability to do your job. If you are no longer able to work or can only work a job that pays less, you may claim lost earning potential.
• Property damage: A collision with a large semi truck can lead to expensive property damage. You could recover the cost of repairing or replacing your vehicle and other damaged property.
• Pain and mental anguish: Surviving an accident can be a traumatic event. Beyond the physical pain caused by the injuries, you may also experience mental anguish.

As your attorney, I will use all available evidence to show how much money you spent after the crash. I might also collaborate with experts from different fields to determine how much more you are likely to spend until your life returns to normal.

Possible Punitive Damages After a Truck Crash

In Virginia, punitive damages may be awarded in truck accident cases under certain circumstances. These are meant to punish the at-fault party and deter similar conduct in the future.

To be eligible, you must establish that the responsible party’s actions displayed a conscious disregard for the rights and safety of others. This means showing that the at-fault party acted with a high degree of negligence or intentional misconduct.

In truck accident cases, punitive damages may be applicable if the truck driver was intoxicated at the time of the collision, particularly if their blood alcohol concentration (BAC) was 0.15% or more.

Virginia limits punitive damages, so the maximum amount you can receive is $350,000. However, this should still be a welcome addition to your compensatory damages (such as medical bills, mental anguish, and lost wages). As your Hampton semi truck accident lawyer, I will explore all your options for compensation so you can get more money.

I Will Negotiate With Insurance Companies for Maximum Settlement

After a collision with a truck, insurance companies will try to pay you as little as possible and may even deny your claim altogether, saying you engaged in “contributory negligence.” As your Hampton personal injury lawyer, I will be your advocate, and I will not let them take advantage of you.

Furthermore, I am familiar with the abusive tactics insurance adjusters use to undermine your claim. I will protect you from attempts to diminish your settlement by building a strong case and countering any challenges or disputes that may arise.

My track record of successful case results shows that I know how to file a winning claim. I will create a tailored legal strategy to maximize the value of your case and get you the money you need.

Understanding Virginia’s Contributory Negligence

In Virginia, if you’re found to be even slightly at fault for a crash, you might not be able to recover any compensation. This means that if you’re involved in a semi truck accident and the court determines you’re just 1% responsible, you could be barred from receiving any compensation.

As your semi truck accident attorney in Hampton, I will investigate the circumstances of the collision and create a tailored legal strategy based on your unique situation.

Determining the At-Fault Party for a Hampton Truck Accident

For several reasons, truck crash cases tend to be more complex than standard car accidents. To begin with, since multiple parties can be at fault for the collision, determining liability becomes more difficult.

Also, trucking companies’ involvement further complicates the legal process. Trucking companies have extensive resources and legal teams to protect their interests, making it challenging for victims to navigate the claim process without an attorney.

Possible at-fault parties in a truck accident include:

• Truck driver: If a driver is tired and falls asleep at the wheel, drives under the influence of drugs or alcohol, or ignores traffic signals, they can be held responsible for any semi-truck accidents they cause.
• Trucking company: If the company fails to train its drivers properly or hires people with a history of traffic violations, it may be held liable for any accidents caused by its employees’ negligence. Additionally, trucking companies are responsible for ensuring that their vehicles are properly maintained and inspected.
• Truck owner: When the owner does not address known issues or allows the truck to be operated despite being aware of potential mechanical problems, they may be held accountable for any incident that occurs as a result.
• Loading company: ​​The firm can be liable for a collision if they improperly load or secure cargo onto a truck, leading to an accident. If cargo is overloaded, unevenly distributed, or inadequately secured, it can cause the truck to become unstable or difficult to control, increasing the risk of collisions. 
• Maintenance company: If the maintenance company fails to perform routine maintenance tasks or inadequately repairs faulty equipment, they may be held responsible for any accidents that result from these lapses in care. 
• Government entities: Government entities can be liable for a crash if they fail to maintain safe road conditions or properly regulate traffic. These entities must ensure that roads are designed, constructed, and maintained to minimize hazards and promote safety for all road users.

As your Hampton semi-truck accident lawyer, I will identify the party or parties responsible for the crash and pursue maximum damages for you.

Proving Negligence After a Truck Accident in Hampton

Negligence occurs when someone fails to take reasonable care to prevent harm or injury to others. For example, if a commercial driver texting while driving causes an accident because they weren’t watching the road, that could be considered negligence.

When proving negligence after a truck crash, I will focus on these main aspects:

• Duty of care: The other party has a responsibility to act reasonably and avoid causing harm to others. For truck drivers, it means following traffic laws, driving safely, and being cautious on the road.
• Breach of duty of care: It happens when someone fails to fulfill their duty of care. For example, a truck driver is breaching their duty of care by speeding, driving while distracted, or ignoring safety regulations.
• Causation: There is a link between the breach of duty and the accident. We need to show that the truck driver’s actions directly caused the crash.
• Damages: These are the injuries or losses suffered as a result of the collision. We need to demonstrate the financial impact of the crash.

What you do after a truck crash will influence your case. Seek professional legal guidance as soon as possible to increase the chances of a successful outcome.

As your Hampton truck accident lawyer, I will use various types of evidence to prove that the at-fault party’s negligence caused the crash and your losses. This might include witness statements from people who saw the collision, photographs or videos of the scene, and expert opinions from professionals like accident reconstruction specialists.

Compassionate Legal Guidance After a Fatal Truck Accident

If you lost a beloved family member in a deadly truck crash, please accept my sincere condolences. As a wrongful death lawyer in Hampton, I have seen the many faces of grief. When a preventable collision caused by negligence takes a life, grief is often overpowered by a sense of injustice.

In Virginia, the personal representative of the victim’s estate can bring a wrongful death lawsuit against the at-fault party. Still, the damages will be awarded to qualifying beneficiaries.

As a surviving family member of the deceased victim, you could receive the following wrongful death damages:

• Medical expenses related to the deceased’s final injury
• Sorrow and mental anguish
• Funeral expenses
• The value of lost income the deceased might have been expected to earn if they had lived

File a Lawsuit Under Virginia’s Statute of Limitations

In Virginia, you have a limited time to take legal action against the defendant. According to the Code of Virginia § 8.01-243, you generally have two years to file a personal injury lawsuit. This is not a lot of time.

If you fail to file a lawsuit before Virginia’s statute of limitations runs out, the court may dismiss your case, and you may lose your right to seek compensation through the legal system.

To increase your chances of a successful claim, seek legal assistance immediately. Give your truck accident lawyer in Hampton, VA, ample time to build a strong case on your behalf. Also, the longer you wait, the more time the trucking company has to cover up their tracks. If you call me immediately after the crash, I can see the fresh evidence.

Call an Experienced Truck Accident Attorney in Hampton Today

You only get one chance at justice after a truck crash. Get a head start by calling me so I can get to work immediately. During the initial consultation, I will listen to the details of your case, answer your questions, and explain your legal options. This consultation helps you understand your rights and discuss the next steps in pursuing a claim.

As an experienced truck accident lawyer, I understand the challenges you may be facing and the value of receiving reliable legal advice. I, Ed Atkinson, will provide the guidance and support you need to make confident decisions about your case. Contact my personal injury law firm today to schedule a free legal consultation.