Portsmouth Truck Accident Lawyer

A collision with a large commercial vehicle can change your whole life in an instant. As an experienced Portsmouth truck accident lawyer, my one and only focus is you, the injured victim. There is no need to face this hardship alone. My law office will handle the legal aspects of your case while you focus on your recovery.

If a negligent truck driver injured you or a loved one, I will thoroughly investigate the collision. Using all available evidence, I will build a strong case against the at-fault party on your behalf. I have over 15 years of experience serving injury victims throughout Virginia, so I know how to file a winning case. 

As an experienced personal injury lawyer in Portsmouth, I understand what you’re up against and want to help you reclaim your life. Call Atkinson Law today to start planning your legal strategy for maximum financial compensation.

Navigate Truck Accident Laws With the Right Lawyer

Being involved in a truck crash can be confusing. As an experienced truck accident lawyer, my goal is to make the legal process as smooth and stress-free as possible for you. I will make you feel supported and empowered throughout your legal journey by offering clear communication, personalized attention, guidance, efficiency, and compassion.

Having handled numerous truck accident cases, I am familiar with the challenges of seeking justice for my clients. I have an in-depth knowledge of the laws and regulations that govern the trucking industry, which allows me to identify potential violations committed by commercial drivers or trucking companies.

I recognize that each case is unique and approach every situation with great attention to detail. I will work closely with you to build a strong case based on your needs and goals. As your Portsmouth truck accident lawyer, my primary focus is understanding the specifics of your case and tailoring our approach accordingly to maximize your compensation.

The Problem With Proving Negligence After a Truck Crash

Negligence refers to the failure to exercise reasonable care, which can lead to harm or injury to others. Unlike regular car crashes, truck accidents involve complex regulations and multiple parties, making it harder to pinpoint the fault.

To determine negligence, your truck accident attorney in Portsmouth will focus on the following key factors:

• Duty of care: Commercial drivers owe a duty of care to others on the road. This duty includes obeying traffic laws, maintaining a safe distance, and operating the vehicle responsibly to prevent harm to others.
• Breach of duty: The truck driver breached their duty of care by engaging in negligent behavior. This could involve speeding, distracted driving, driving under the influence, or failing to properly maintain the truck.
• Causation: There is a direct link between the truck driver’s breach of duty and the accident. Your Portsmouth truck accident lawyer will examine whether the negligent actions of the truck driver directly caused the crash.
• Damages: Your attorney will assess the extent of the damages you suffered as a result of the truck accident.

Proving negligence helps determine who is responsible for the collision and its resulting damages. This is essential for holding the at-fault party accountable and ensuring that justice is served.

Recoverable Damages for Injured Truck Accident Victims

If a reckless truck driver injured you, you might wonder how much money you can recover. As your truck accident attorney, I will prove the full extent of your losses to get you maximum compensation.

During your case review, I will consider the severity of your injuries, their impact on your life, the extent of your property damage, and the collision’s cause to estimate how much compensation you could get.

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

• Medical bills
• Future medical expenses
• Property damage
• Lost wages
• Pain and suffering
• Emotional distress
• Disfigurement

Since a collision with a large commercial vehicle tends to result in greater damages than a common car crash, having an experienced Portsmouth car accident lawyer on your side is crucial for maximizing the claim’s value.

Furthermore, collaborating with a legal professional greatly simplifies claiming damages. Allow me to worry about collecting the bills and receipts for your accident-related expenses while you focus on healing. I will use all available evidence to show the collision’s financial impact and strengthen your claim.

You Could Be Eligible to Receive Punitive Damages

In addition, you could qualify for punitive damages if the driver showed a conscious disregard for the rights of others. These are intended to punish the at-fault party and deter similar behavior in the future.

For example, if you were involved in a collision with a drunk driver with a blood-alcohol content (BAC) of 0.15%, you could qualify for punitive damages. Under Virginia Code §8.01-44.5, you could also qualify if the commercial driver unreasonably refused to submit to a breath test.

Driving under the influence of alcohol or drugs is a violation of the law and shows a complete disregard for the safety of others on the road. As your drunk driving accident lawyer in Portsmouth, I can determine if you qualify for additional damages after reviewing your case. Then, we can decide on the best strategy moving forward with your claim.

How To Deal With Insurance Companies

Insurance companies often have teams of skilled adjusters whose primary goal is to minimize the amount they pay out in claims. They may try various tactics to lowball your claim, dispute liability, or even shift blame onto you.

Having to deal with claims adjusters to recover compensation discourages many victims. However, you don’t have to face them alone. As an experienced Virginia truck accident lawyer, I can take over the communication with insurance adjusters, so you don’t have to talk to them at all, period.

I will skillfully negotiate with the insurance agents to seek a fair settlement that accurately reflects your damages. If they are unwilling to offer a reasonable amount, I, Ed Atkinson, am prepared to take your case to court and advocate for your rights before a judge and jury.

Identifying the At-Fault Party After a Portsmouth Truck Crash

Part of what makes truck crash cases so complex is that multiple parties could be involved. While the truck driver is usually responsible for the crash, others could also share the blame.

The following parties could be at fault for a truck collision:

• Truck driver: The negligent actions of the driver, such as distracted driving, speeding, or driving under the influence, may make them responsible for the crash.
• Trucking company: If the company failed to train and supervise its drivers properly or enforced unrealistic schedules that encouraged speeding, it could be at fault.
• Truck manufacturer: If a defect in the truck or its components, such as brakes, tires, or steering mechanisms, led to the accident, the manufacturer may be held liable for producing a faulty product.
• Cargo loaders: Improperly loaded or secured cargo can cause a truck to become unbalanced, leading to accidents. The cargo loaders may be considered negligent if they fail to adhere to proper loading procedures.
• Government entities: In some cases, a government entity may bear responsibility for the crash if the road conditions were poorly designed, maintained, or marked, leading to hazardous conditions.

As your truck accident attorney in Portsmouth, VA, I will investigate the circumstances of the collision to identify the responsible party or parties. To build a strong case against the defendant, I will use a wide variety of evidence, including accident reports, witness statements, and surveillance footage. Furthermore, I may collaborate with specialists from different fields, like accident reconstruction experts, to determine liability.

By incorporating evidence from various sources, I create a more complete picture of how the truck crash impacted your life. As your attorney, I will build your case on a strong foundation, increasing your chances of a successful outcome.

Understanding Virginia’s Contributory Negligence System

Contributory negligence refers to a legal scenario where an individual contributes to their own injury or damages. If your actions contributed to the truck crash, you may not qualify for compensation, as outlined in Code of Virginia § 8.01-34. As an injured victim, you can only claim damages if the defendant is entirely responsible for the incident.

The system follows a “complete bar rule,” meaning that if a plaintiff is even minimally at fault for their injury, they can’t obtain any compensation, regardless of the extent of the defendant’s negligence. This rigorous standard of contributory negligence can result in unfair outcomes, especially when your role in the injury is significantly smaller than the defendant’s negligence.

Exceptions

However, there are exceptions to this rule. According to Code of Virginia § 8.01-58, if an employee of a common carrier, such as a train or bus company, is injured or dies on the job and is partially at fault, they may still be eligible for a monetary award.

In this scenario, the compensation received will be reduced based on the jury’s determination of the individual’s degree of fault. Nonetheless, if the company violates safety regulations, resulting in injury or death, the employee will not be considered at fault at all.

File a Personal Injury Lawsuit Within the Virginia Statute of Limitations

In Virginia, you have a limited time to file a lawsuit against a defendant. Under Code of Virginia § 8.01-243, in most cases, you must file your personal injury claim within two years from the date of the truck accident. However, certain factors could influence the deadline, so you should seek legal assistance as soon as possible.

Calling my personal injury law firm immediately after the collision will put time on your side. I can start investigating while the evidence is still fresh. Failing to meet Virginia’s statute of limitations would lead to your case being dismissed, and you may no longer be able to recover compensation.

How an Experienced Truck Accident Lawyer in Portsmouth Can Help With Your Case

Filing a claim or a lawsuit after a truck collision can feel intimidating since this usually means going up against the insurance company or a trucking firm. However, you should not go into this battle alone. Let me serve as your Portsmouth truck accident attorney and simplify the process.

Also, by working with an experienced lawyer, you increase the chances of a successful outcome for your case. I am interested in your unique experience so I can create a personalized legal strategy that will meet your goal.

The many benefits of working with an experienced truck accident lawyer in Portsmouth include:

• Understanding of trucking regulations.
• Ability to navigate complex legal processes.
• Skill in gathering and presenting evidence.
• Experience negotiating with insurance companies.
• Handling communication with all involved parties.
• Advocating for the client’s rights.

During my years of practice, I have seen how devastating truck crashes can be. However, your catastrophic injuries should not prevent you from getting quality legal assistance. If you can’t visit me at the office but want to meet in person, I will come to you. We could also set up an online video meeting at your convenience.

What you do after a truck accident will impact the value of your claim. Consult an experienced attorney as soon as possible to protect your right to recover maximum compensation.

Call an Experienced Portsmouth Truck Accident Attorney Today

As an experienced truck accident lawyer in Portsmouth, VA, I understand that time is of the essence, and I treat all cases with urgency. When you choose me as your attorney, I will prioritize your case and take immediate action. I will promptly start the legal process, ensuring all necessary paperwork is filed within the deadlines.

My personal injury law firm, Atkinson Law, is dedicated to protecting the rights of injured victims throughout Virginia. I handle each case, providing personalized attention and advocacy to every client. Call me, Ed Atkinson, today for a free legal consultation.