ARLINGTON, VA TRUCK ACCIDENT LAWYERS
Arlington Virginia is a great place to live and work, but it is also crisscrossed by numerous highways that are traversed by a veritable army of trucks and tractor trailers. With so many trucks on so many roads, truck accidents are incredibly common throughout Arlington county.
If you have been hurt in an accident involving an 18-wheeler as the result of someone else's negligence, you should speak to an Arlington truck accident lawyer right away. The team at Blaszkow Legal knows how complicated these cases are, and is dedicated to holding the negligent people and companies accountable, while we advocate for the compensation that you deserve.
Call Attorney Joe Blaszkow today to see how an experienced Arlington truck accident attorney can help you. Call us for a free consultation - 703-879-5910
Negligence and Liability in Arlington Truck Accident Cases
We often get asked "who is liable for Arlington truck accidents?" The reality is that liability depends on negligence. In order to allege that someone is liable, we have to prove that the person or entity acted in a negligent manner, and that that negligent activity directly caused the accident. This requires an immediate and thorough investigation.
Having said that, there are many different layers to liability and negligence. There are many different people who can be liable for an Arlington truck accident, including:
Truck driver. Drivers can operate their vehicles in a negligent manner, through speeding, distracted driving, reckless driving, and driving under the influence. There are other, less insidious forms of negligence, such as driving too much and too often, and becoming fatigued.
Trucking company. An employer almost always bears some responsibility through a concept known as respondeat superior, meaning the employer is responsible for the action of the employees. However, there can also be independent acts of negligence on the part of the company, and it's employees
Manufacturer or Repairer of defects. Not all truck accidents are the result of bad driving on the part of the driver. Sometimes trucks are not properly repaired, and sometimes not even built correctly. When components fail, and that failure is the result of the accident, you may have a claim against the manufacturer, or repairing person/entity.
Freight company, or broker. Depending on the facts of the accident, negligence can go pretty far up the chain, including the companies that are actually shipping the merchandise in the truck that was in the accident. Sometimes, these companies push their contracted shippers to far, and this leads to collisions.
Cargo loaders. Some accidents happen because loads shift when they are not properly placed into the truck. Sometimes, the load is imbalanced. Instability can drastically increase the chances of a rollover accident
As you can see, this is not a simple matter when it comes to investigating truck accidents. There is a lot of information to be sifted through, and you have to act quickly to get that information, and to stop it from being lost. Contact expert attorneys who will be able to begin investigating your case right away.
Laws and Regulations Relating to Truck Drivers in Virginia
Truck drivers in Arlington County are subject to a wide variety of Virginia laws, as well as regulations that are put forth by the Federal Motor Carrier Safety Administration. This entity, which is part of the federal Department of Transportation, promulgates the FMCSR, or regulations. These regulations govern all commercial vehicles better engaged in interstate commerce. These rules govern things like hours of service, licensing, drug testing, inspections, and more.
Most Common Causes of Virginia Truck Accidents
Every crash is different, and most truck accidents involve very serious injuries on the part of the innocent injured motorists. However, in many accidents there are common threads that we have seen. Some of the leading causes of Arlington County truck accidents are:
Distracted driving. Truck drivers are more prone to eat while in the cab, because time is literally money for them. Additionally, there are also many electronic devices in the cab that can also take the drivers attention off the roadway, such as GPS's, onboard computers, and more
Speeding. Trucks have to be very careful when they drive, because of their sheer mass and inertia. The faster a truck goes, the longer it needs to stop. Speeding reduces a truck driver's reaction time, and this can lead to horrific accidents
Impaired driving. Some truck drivers operate their trucks under the influence of alcohol, or even medication. Impaired driving is just as dangerous in a big rig as it is in a car, only with much more severe consequences.
Driver fatigue. It is extremely common that accidents happen when truck drivers fall asleep, or are so tired as to be impaired. The burden that the drivers feel to go so far, so fast, can lead them to push themselves beyond their endurance.
Inadequate driver training. Truck drivers not only have to be licensed, but they have to be trained. Errors in judgment and failure to properly keep an eye out on the roadway and to respond to an ever-changing situation on the highway is extremely common, especially among new drivers.
Aggressive driving. Truck drivers can drive just as aggressively as people in cars, only with a much larger vehicle behind them. Some of this aggressive driving results in accidents that the driver of the truck is not even aware of, if for example the trailer hits someone that that driver tried to pass too closely.
Many of these accidents are preventable through regular maintenance, driver training, oversight, supervision, and company protocols and policies. However, while most truck drivers are great people doing a tough job, these accidents do happen, and the consequences to innocent people are severe, and sometimes even fatal.
Common Types of Arlington, Virginia Truck Accidents
There are many different types of truck accidents, and depending on the facts of the accident, all of them can be severe:
Rear end collision. Trucks that failed to keep an adequate distance between them and the vehicle ahead can often cause the vehicle that they strike to be smashed in like an accordion. These collisions often happen through inattention, but are sometimes the responsibility of negligent car drivers who cut immediately in front of trucks and then break.
Head on collisions. When two vehicles impact, nose to nose, this is a head-on collision. This most often happens when a truck has gone down a one-way street, or has attempted to pass where it is not proper to do so
Rollovers. A truck tipping on its side is a rollover accident; these often occur on curves. However, this can also happen when the cargo has not been loaded properly and shifts during the turn. Roll over accidents and sometimes crush the vehicles that are in the lane next to the truck
Jackknife incidents. Jack knife crashes, or "jackknifing," occur whenever the tractor forms a dangerous angle to the trailer. This often occurs in bad weather, such as rain and icy conditions
Intersection or T-bone accidents. When one vehicle goes into an intersection and passes through a stop sign or red light, this will create an intersection collision. Most of these are when the front of one vehicle strikes the side of another. If the impact involves a truck, the vehicle that the truck hits can often find itself pushed, sometimes hundreds of feet
Your Injury Claim After a Virginia Truck Accident
If you have been hurt in an accident involving a tractor trailer that was not your fault, you have the ability to file a claim for compensation. That compensation is referred to as your "damages," which is a legal term encompassing all of the ways in which the accident has impacted your life.
Some of your damages after an Arlington County truck crash include:
Future medical expenses
Future lost wages
Loss of running capacity
Out of pocket expenses
Pain and suffering
Impairment in activities of daily living
Loss of enjoyment of life
How Long Do I Have to File a Truck Accident Claim?
Virginia law considers truck accident claims where someone has been injured to be personal injury cases. Virginia personal injury cases are governed by a two-year statute of limitations.
WARNING: This is not the only deadline that you have to worry about! If the tractor trailer that caused your accident was working for the government, either hauling government freight, or was a government owned vehicle, you may have to provide notice according to the law. There are different deadlines between claims against the county, and claims against the state. An entirely different set of timelines are in place when the claim involves the Federal government.
Claims against a city/county: 6 months from date of accident
(Va. Code § 15.2-209)
Claims against the Commonwealth: 1 year from date of accident
(Va. Code § 8.01-195.6)
Claims against the Federal Government: 2 years from date of accident
(Federal Tort Claims Act, 28 U.S.C. §§ 1346(b))
Contact an Arlington truck accident lawyer right away, so that you don't miss any of these deadlines, and give the insurance companies or at-fault parties a legal argument to attack your claim!
Contact an Experienced Arlington Truck Accident Lawyer Today
If you have been injured in an Arlington truck accident that was not your fault, you should speak to a truck accident lawyer right away. Blaszkow Legal has the knowledge and ability to review these claims, had to begin prosecuting the at-fault parties right away. There is a huge range of regulations, liability, and law to be considered. It is our job to evaluate, assess, investigate, and to build the best claim that we can to fight for your interests.
Call Blaszkow Legal today so you can focus on your physical recovery, and rest easily knowing that our team is fighting for you. It's our job to hold the negligent parties accountable, and we will!
Call today for a free consultation!
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