WOODBRIDGE, VA TRUCK ACCIDENT ATTORNEYS
If you have been hurt in a truck accident that was not your fault in Woodbridge, along the Occoquan River, or anywhere in Prince William County, you may be entitled to compensation for your injuries and other damages. However, the trucking companies and their insurance carriers never make it easy. In fact, because the people hurt by negligent truck drivers are often hurt very badly, the insurance companies fight very hard to give you as little as possible, if they are willing to give you anything at all.
The moment a truck accident happens, the insurance companies gather their lawyers, and look at ways of how they can fight your claims. How can they attack them? The at-fault parties are getting all of the help they can right away, and you should too! You need to contact an experienced truck accident lawyer right away, to get the justice that you deserve, and to hold the negligent parties accountable.
Attorney Joe Blaszkow and his team have a long history of battling trucking companies and their insurance carriers, on behalf of injured people and their families. To schedule a free consultation with an experienced Woodbridge truck accident attorney, call Blaszkow Legal today-703-879-5910!
Liability and Woodbridge, VA Truck Accidents
Truck accidents in Woodbridge, and indeed anywhere in Virginia, are investigated a little differently than standard car accidents. Because of how involved trucks are, and because of how many moving parts there are with respect to moving trucks around, and organizing the shipment of the freight, there are many different parties who may ultimately be liable for the collision, depending on how the crash itself happened. At Blaszkow Legal, we investigate every possible source, in order to maximize our clients recoveries.
1. The at-fault truck driver
Truck drivers are responsible for operating their 18 wheelers responsibly, and carefully, and with due regard to other motorists on the roadway. They owe this duty to everyone. If they have breached this duty (the duty to be safe and efficient drivers), we can develop a theory of liability against the truck driver individually. Truck drivers can be negligent through:
Running red lights
Disobeying traffic control devices
Failing to inspect their trucks
2. Trucking companies and truck owners
Even without an independent theory of liability, trucking companies are responsible for the actions of their employees, as are all businesses. This is a legal concept known as vicarious liability, or respondeat superior (Latin). It simply means that an employer is responsible for the actions of an employee in the performance of their duties. In short, if we can prove that the driver is negligent, our claim can proceed against the driver and the employer, as well.
However, there are other times when the trucking company is liable for other reasons, outside of the individual actions of the driver. In some of these crashes, we have found that managers are pushing drivers to drive more hours than are legally allowed! They may be putting drivers on the road who have not been trained, or even licensed. This is extremely negligent, and if it contributed to the crash, we may have an independent claim against the trucking company.
3. People/companies who loaded the freight
Truck drivers very rarely load their own trailers. In many cases, a truck comes to a trucking yard or terminal, and hitches up to a trailer that is already sealed. In some accidents, the freight shifts, because it is not properly loaded either onto pallets, or in the trailer itself. This often leads to rollover crashes, that can crush nearby cars and SUVs.
When this happens, there may be a claim against the people or companies that actually loaded and inspected the trailer.
4. Freight shippers
Oftentimes, as freight is moved around the country, it is being moved under the auspices of a large shipper or freight broker. These companies can sometimes be illusive because they are so removed from the crash itself. But it is important to investigate these companies, because the insurance coverage for the truck and trucking company may not be enough to compensate our clients for the injuries they sustained.
What Can You Claim After a Woodbridge, Virginia Truck Accident?
If you have been involved in an accident that was not your fault, then you have the right to pursue compensation for your damages. Damages is a term used by the legal industry to encompass all of the ways that an incident has impacted you: financially, physically, as well as emotionally, and more. A truck accident has the potential to impact your entire life, in many ways that you may not get realize. It is our job to develop that evidence, and to hold the negligent parties accountable.
Some of the things that make up your claim include:
Time lost from work
Loss of earning capacity
Medical bills and expenses
Future medical bills
Pain and suffering
Punitive damages are only available in certain cases. In these instances, we have to be able to prove that the negligence was not "ordinary," meaning that someone acted with callous disregard for safety. The most common kind of crash where we are able to pursue punitive damages is in a drunk driving crash. Attorney Joe Blaszkow was one of the first lawyers in all of Virginia to obtain an award of punitive damages against a driver who had hurt one of his clients!
Investigating Truck Accidents in Virginia
It is not enough for us to simply say that the other driver is responsible. In fact, even the happening of an accident is not enough. It is our responsibility to prove that the other driver, in this case the truck driver, was negligent. We do this through an immediate and comprehensive investigation of your case. Our team of attorneys, paralegals, and investigators are experienced in finding all of the evidence that we can use against the at-fault companies.
Investigations have to begin as soon as possible after an accident. The longer you wait to speak to an attorney, the more chance you give to the at-fault companies to circle their wagons, and hide things. Even without their actions, some evidence can be lost over time. Camera footage can be overwritten, and witnesses' memories can fade. You need to speak to an experienced Woodbridge truck accident lawyer immediately, so that we can help you and we can develop the evidence we need to make your case.
Statutes of Limitations in Virginia
After a Virginia truck accident, you have two years from the day to the accident to file the underlying lawsuit. If the accident caused someone's death, then Virginia law imposes a two-year statute of limitations, but that time does not begin to run until the date of death.
However, there are other deadlines that may apply. If, for example, the truck was owned or operated by a local government entity, or the state, you need to contact a lawyer right away! These shorter timelines, called "notice deadlines," can act as a bar to recovery if not followed.
Get Help From an Experienced Woodbridge Truck Accident Lawyer Today
Blaszkow Legal is a law firm where we are dedicated to helping our clients who have been hurt by the negligent actions of others, through no fault of their own. You have enough stress in your life, and you shouldn't have to worry about the insurance companies and their lawyers trying to attack you, and attacking your claim.
We have experience in fighting these trucking companies, and ferretting out the truth. But we can't get to work until you call us. We work on a contingency fee basis, so we don't get paid unless you collect money. It costs you nothing to talk to us - so give us a call right away, and schedule a free consultation.
Get Justice with Joe Blaszkow - 703-879-5910
Woodbridge, Va Truck Accident?
Contact an experienced lawyer who has fought for his clients in almost every Court in the DMV. Joe Blaszkow and his team of attorneys, investigators, paralegals, and other staff are here to help you!