Truck Accident Lawyer In Virginia

Representing victims of truck accidents for over 25 years, CHASENBOSCOLO stands up for injured people across Virginia with the level of compassion and skill that all victims deserve. Unlike passenger vehicle accidents, the size of trucks alone is enough to turn any accident into tragedy, even at low speeds.
The Virginia truck accident lawyers at CHASENBOSCOLO go to work every day to protect our clients and deliver swift justice by securing full and fair financial compensation. If you or a loved one has been injured in a severe truck accident, you need someone by your side as you deal with insurance companies or, in some cases, the truck driver or trucking company’s legal team.

We know that no amount of money can begin to make up for the physical and emotional damages you have incurred due to a negligent truck driver or trucking company’s actions. Still, it can help you avoid financial ruin and put you on a path to rebuilding your life and moving forward. We will work day and night to hold the negligent party responsible so you can focus on your recovery and family.

Victims and surviving families deserve representation during a time of tragedy. Schedule your free consultation with a Virginia truck accident attorney by phone at (703) 538-1138, and we’ll get you into our office as quickly as possible. Once we take your truck accident case, you pay nothing until we win.

Table Of Contents

    Why Should Victims Hire a Truck Accident Lawyer?

    Truck Accident Lawyer In VirginiaAfter the wreckage is cleared, medical attention has been administered, and loved ones begin asking questions, someone will be held accountable. It could be the truck driver, a logistics company, truck manufacturer, outsourced maintenance company, tire manufacturer, or parts manufacturer. Then there are the insurance companies to deal with; one carrier will be commercial, and the other will be the victim’s insurer.

    Due to complexities that many victims aren’t equipped to handle alone, accident lawyers are available to help navigate stringent federal regulations and strict trucking laws. Lawyers are also able to act on behalf of those too injured to handle legal matters themselves.

    Not only are truck accidents more serious, resulting in more severe injuries, but they also differ in many ways compared to typical car accidents. These differences make handling these types of cases alone nearly impossible, especially while also rehabilitating from often life-altering injuries. An experienced and skilled truck accident attorney will thoroughly investigate your case and go after as many responsible parties as possible, while also handling all communication with every insurance company involved.

    To simplify, victims should hire an accident lawyer because they deserve to have their cases treated fairly and settled without being lowballed.

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    Why Hire CHASENBOSCOLO to Handle Your Case?

    At CHASENBOSCOLO, we do more than the bare minimum. When you hire us, we treat you like our only client and leverage every resource at our disposal to win your case and secure the highest amount possible to cover your medical bills, lost wages, and other expenses.

    Barry Chasen started CHASENBOSCOLO with one guiding principle: Take Care of the Clients. And for over three decades, we have treated every client like family, while securing substantial financial compensation to help them get through this challenging period in their lives. We see how devastating truck accidents can be on a daily basis. Victims are forever changed as they navigate a new normal physically and emotionally. And while we can’t turn back time and undo what’s happened, we can do everything in our power to hold the negligent parties responsible.

    From filing the claim to potentially going to court, we work closely with our clients through every step of the process, keeping them as involved as they wish to be and never in the dark about their case’s status. For some clients, accepting the insurance company’s offer is the right choice. For others, they may want to keep fighting in the courtroom. Whatever path we pursue, we guarantee it will be the right one for you and your family, and we promise to get every dollar possible.

    Types of Truck Accidents CHASENBOSCOLO Handles

    Accidents caused by truck driver negligence or third-party involvement aren’t restricted to 18-wheelers. Some of the worst truck accidents in the tristate area involve:

    • Large trucks carrying flammable liquids;
    • Dump trucks;
    • Cement trucks;
    • Refrigerated 18-wheelers (reefers);
    • Large horse trailers hauled by semis;
    • Moving trucks;
    • Farming implements (combines, etc.)
    • Tow trucks

    The highways and interstates that interweave throughout Virginia allow commuters to get from their respective homes to their jobs much quicker. But when large trucks are trying to rush to job sites or their drop-off points, accidents can and will occur.

    What Victims Should Do After an Accident With a Truck

    Steps taken after an accident may help preserve evidence that cannot be seen. It may also help increase the likelihood insurers will settle fairly before going to court. To make sure evidence is preserved and the injured are properly cared for, CHASENBOSCOLO suggests victims do the following:

    • If unable to move, make as much noise as possible to draw attention to your vehicle. This is so others can help you if trapped. Should you have mobility, escape your wrecked vehicle and check on others who may be injured.
    • Phone law enforcement. This is mandatory in an accident. When phoned, an ambulance and possibly fire rescue will be dispatched to your location.
    • While waiting for assistance, take photos of everything if your camera phone is capable. If not, ask anyone around you to help. Also, take down the truck’s company name and DOT number, normally located on the door of the semi or on the trailer itself.
    • Always attend to your medical needs first. Police can take your statement from the hospital if need be; in fact, there are many circumstances where law enforcement has done just that.
    • When giving your statement, discuss the facts surrounding your accident only. Be clear, concise, and offer insight as to where you were positioned when the truck accident occurred.
    • Once you’ve completed your report, phone your insurance company. Give them only the facts about your accident. They will do their own investigative work; helping them any more than necessary will hurt your claim more than help it.
    • Continue receiving medical care. Keep all bills in one folder.
    • Phone CHASENBOSCOLO, an experienced truck accident firm, immediately.

    Not all steps will be taken in the order shown. If you’re unable to move, are unconscious, or were involved in an accident in a remote area, some pieces of information could be hard to come by.

    We encourage victims or their loved ones to wait several days before asking for a copy of the police report. Some officers may take an extra day to type everything up. Once completed, you may need to pay for the report.

    Our Virginia Truck Accident Legal Team is Here to Help

    What a Truck Accident Investigation Looks Like

    The foundation of any personal injury case is to prove that the victim’s injuries resulted from the defendant’s negligent actions. In the case of a truck accident, this means that the actions of either a driver, trucking company owner, mechanic, or combination of multiple parties caused the accident and, therefore, your injuries.

    The complexity of truck accident claims cannot be overstated, and trying to handle an accident investigation on your own is all but impossible. Multiple parties can be at fault, meaning multiple insurance companies and claims adjusters are involved, each conducting a separate investigation into what happened.

    The Virginia truck accident lawyers at CHASENBOSCOLO will complete our investigation into the accident to determine what happened and who was at fault. This is a crucial step in your case because everything else depends on the investigation’s findings. We take it very seriously and use our years of industry experience and access to experts and resources to be as thorough as possible.

    Ideally, these investigations happen as soon as possible following your accident. That’s when the accident scene and evidence are most preserved, and potential witnesses’ memories are freshest. After taking on your case, we will proceed with your investigation, which includes the following actions:

    • Investigating the accident scene – One of the most crucial parts of the investigation is going back to the scene of the accident. We take photos, collect any remaining debris, look for possible video surveillance, and search for any other detail that might help. After collecting evidence, we then work with industry experts who can comb through the evidence, dissect every detail, and reconstruct the scene to determine the cause.
    • Getting the police report – Accessing and going back over the original accident report can help us find new details, push us to new leads, and connect the dots when combined with our sweep of the accident scene. The police report can also explain whether the driver was suspected of breaking the law.
    • Inspecting the vehicles – Along with examining the severity of the damage to your vehicle, we’ll also inspect the truck to determine if mechanical failure or a defect was to blame for the accident. If so, we’ll find the individuals responsible and hold them liable.
    • Interviewing witnesses – From the other driver involved to first responders and anyone else who saw the accident occur, we’ll track down and interview every possible witness. Even if police interviewed these people at the accident scene, there’s a chance they remember more details later on or provide additional information when asked the right questions.
    • Looking over truck driver and trucking company records – We go over the truck driver’s personnel file, logbooks, and driving records, looking for any evidence of a reckless pattern of behavior or safety violations. We will also see if the driver or trucking company violated any federal laws involving load limits or how many hours the driver was behind the wheel without a mandated break.
    • Medical records – If you sought medical care following your accident, we’ll get all records related to your treatment before consulting with medical experts to determine the severity and cause of your injuries so we can then demand the appropriate amount of compensation.

    A thorough truck accident investigation is the linchpin of any truck accident case. Our team of lawyers is careful not to miss a single thing because when it comes to winning your case, the smallest detail can sometimes prove to be the most significant.

    What Are Damages Available for Injuries?

    After completing the accident investigation and determining fault, we’ll then seek damages through the at-fault driver or trucking company’s insurance company. We know how to navigate the negotiating phase of your truck accident case to ensure you’re receiving the full financial reward you’re owed. This is where having a skilled and experienced Virginia truck accident attorney by your side is invaluable.

    In the state of Virginia, victims can recover both economic and non-economic damages. Economic damages are tangible financial losses you suffered as a result of your accident and subsequent injuries. This includes any of the following:

    • All medical bills related to your care
    • Ambulance and hospital bills
    • Future medical costs for continued treatment and care
    • Lost wages due to your recovery
    • Rehabilitation costs
    • Physical therapy
    • Ongoing nursing or specialized care
    • Future earnings potential
    • Damage to your vehicle and other property

    Non-economic damages are intangible losses such as pain and suffering. In fact, for many victims, non-economic damages can be more severe and harder felt, especially if your injuries have severely altered your quality of life or independence.

    These damages affect one’s ability to perform routine daily tasks like cooking, cleaning, and getting ready in the morning. If you are no longer able to get dressed, brush your teeth, take your daily hike or run, or enjoy any other activity you once did, you deserve financial compensation for this loss.

    Examples of non-economic damages include:

    • Pain and suffering
    • Emotional trauma or distress
    • Disfigurement
    • Damage to your reputation
    • Loss of enjoyment in life

    In negotiations, we will present the full scope of your economic damages through medical bills, pay stubs from the previous week or month, prior tax returns, and any other documentation to show the extent of your financial loss.

    At CHASENBOSCOLO, we will do everything in our power to demand financial compensation for your non-economic damages. To strengthen your claim, we will present testimony from friends and family and other evidence to show how the life you once had has been forever altered.

    You Focus on Your Recovery, We Will Focus on Your Case.

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    Most Common Causes of Truck Accidents

    We’ve all been on the highway and witnessed the sheer size difference between a passenger vehicle and a big rig truck. When fully-loaded, these vehicles can weigh up to 80,000 pounds—16 times the weight of a typical vehicle—turning fender benders into serious collisions with catastrophic damages.

    Sadly, even the safest drivers can’t escape an accident when a truck driver or other person acts negligently. Our attorneys have seen all types of truck accidents and know what it takes to determine what caused your accident. Some of the leading causes of truck accidents that we’ve seen time and time again include the following:

    • Driver fatigue – With demands to travel more miles to deliver more goods every day, drivers are incentivized to maximize their time behind the wheel, driving long distances with very little rest. This lack of proper rest can lead to driver fatigue, causing drivers to zone out or even fall asleep at the wheel.
    • Driver error – As a leading cause of all car accidents, driver error can have devastating consequences when one vehicle is an 80,000-pound big rig truck. From changing lanes without signaling to not adequately checking all blind spots or “no-zones,” there is no room for error when the stakes are this high.
    • Distracted driving – Like all drivers, truck drivers may take their eyes off the road to tend to something else. This includes anything that diverts a driver’s attention away from the road while operating their vehicle, such as talking on the phone, texting, putting in coordinates on a GPS, reaching for something in the passenger seat or cabin, and changing the radio station or turning up the radio volume.
    • Driving under the influence – As professional drivers, it’s easy to assume that truck drivers know the dangers of operating their vehicles under the influence of alcohol or drugs. Unfortunately, there are cases where drivers have been under the influence at the time of an accident, especially amphetamines to help them stay awake. If a truck driver has any amount of alcohol or drugs in their system, it can impair their ability to operate the vehicle safely.
    • Equipment Failure – Trucking companies are required by the Federal Motor Carrier Safety Administration (FMCSA) to meet consistent inspection and maintenance standards. When they don’t, it can cause a number of problems from tire blowouts to brake failure and even trailers detaching from the truck.
    • Improperly Loaded Cargo – Cargo that isn’t adequately secured or evenly distributed throughout the trailer can cause rollover accidents, putting surrounding cars and passengers at risk of being crushed. Additionally, if a truck is carrying hazardous materials and they weren’t properly handled or secured, it could lead to a fire or explosion in the event of an accident.
    • Poor or inadequate driver training – Truck drivers are required to have a certain number of training hours before operating a commercial vehicle alone on the open road. It takes skill and experience to safely operate an 18-wheeler, especially in the rain, snow, and other severe weather. When drivers get behind the wheel before they’re ready, or lie on their applications, they can be held liable.Common causes of truck accidents infograph

    Injuries Suffered from a Truck Accident

    When it comes to accident severity, the size and weight of an 18-wheeler compared with a passenger car cannot be overstated. This substantial difference in the weight means any crash will have a much higher force of impact, much of that felt by the smaller car. Additionally, more weight means these vehicles need longer to slow down or stop to avoid a collision. When that time and distance aren’t accounted for, it can result in rear-end crashes with serious injuries.

    Many car accident victims require hospitalization and extensive treatment, none of which is cheap. Contact CHASENBOSCOLO today if you’ve suffered injuries, and we’ll get to work on helping you recover the compensation you deserve to cover these exorbitant medical bills. These are some of the most common injuries we see:

    • Cuts or lacerations
    • Contusions
    • Fractured bones
    • Severe burns
    • Back and neck injuries such as whiplash
    • Crushed extremities
    • Amputation or disfigurement
    • Internal bleeding or damage to vital organs
    • Spinal cord injuries resulting in partial or full paralysis
    • Traumatic brain injuries

    If you or a loved one has been involved in a truck accident, you must seek medical attention right away, even if you believe you weren’t injured. Some injuries may not manifest for days after your crash or aren’t visible to the naked eye (such as internal injuries). Refusing medical care may also negatively impact your case and chance of recovering damages.

    In some cases, injuries can prove to be fatal. In these cases, surviving family members can take legal action on behalf of their loved one through a wrongful death lawsuit. In these cases, we will do everything we can to recover financial damages to help pay for funeral costs, loss of income, pain and suffering, and more.

    How Much Will It Cost Me to Hire an Attorney?

    Individuals are recovering from physical injuries, so why injure them financially, too? We believe that every case we take should be fought before we’re paid. Therefore, when you hire us, nothing is owed upfront; all payroll, investigation, court, and expert witness costs are covered by CHASENBOSCOLO. Should we lose, you’ll owe us nothing.

    What Do I Do If I Am Injured By A Truck Driver?

    Virginia Laws That Affect Your Case

    The most critical state law that could impact your case and chances of receiving financial compensation is the statute of limitations. This law is only pertinent to your case in the event that we cannot settle with the insurance companies and have to go to court.

    The statute of limitations is how long we have after your accident to file a civil lawsuit. With some very minor exceptions, this is a hard deadline, and failing to meet it forfeits our chances of taking legal action.

    In Virginia, plaintiffs have two years from the date of an accident for personal injuries and five years from the crash date for property damage. Additionally, in the event of wrongful death, surviving family members have two years from the date of the victim’s death (if it is different from the crash date).

    While two years sounds like a long time, you don’t want to take any chances when it comes to your case and ability to recover financial compensation. Contact a Virginia truck accident attorney as soon as possible and schedule a free consultation to go over your case’s details and options moving forward.

    Truck Accident Statistics

    Truck accidents are often caused by an error by the truck driver. The graphic below shows what action truck drivers took that lead to an accident in Virginia in 2019.

    Truck Driver Actions that Led to Accidents in 2019

    Truck accidents can lead to numerous types of damages, from property damages and medical expenses to the most costly, someone’s life. Below are the numbers of truck accidents that lead to some type of damages in Virginia in 2019.

    Serious Truck Crashes in Virginia (2019)

    If you have suffered significant damages or have lost a loved one in a trucking accident, contact our team to fight for maximum compensation

    Serving Truck Accident Victims Across the State of Virginia

    How To Fight For Your Truck Accident Claim

    In Virginia, truck accident victims may file their claim against the driver’s commercial insurance company for the driver’s negligence. Additionally, victims in Virginia may also go after the trucking company for:

    • Negligent hiring;
    • Negligent entrustment;
    • Negligence (respondeat superior, also known as “vicarious liability”); or
    • Product liability (bad parts put on by the trucking company’s maintenance department).

    As trucking companies are bound by numerous local, state and federal regulations, it’s easy for them to be indirectly involved in an accident. Allowing drivers with restricted licenses, those with multiple safety citations, or anyone who is under the influence of alcohol could cause serious consequences for trucking companies.

    To begin your claim, your truck accident lawyer will need to collect evidence to substantiate your claim of driver negligence. If victims were able to take photographs or video, this evidence would be used accordingly; witness information, such as names and phone numbers, would be collected from the victim as well. Once all information is received, we’re ready to file a formal complaint against the perpetrators of this accident.

    Some things to keep in mind during the negotiation process:

    • Insurers need overwhelming evidence to meet our demands during the first round of talks. As talks progress, the evidence we provide will show how serious we are.
    • Non-economic losses (pain and suffering) must be well-documented.
    • Estimates to repair or replace your vehicle should accompany medical bills and other healthcare costs associated with your accident.
    • Our firm will never accept an offer without discussing the pros and cons of accepting the offer with our client.
    • If we’re unable to agree on an amount, we’ve prepared your case for trial. It would then be up to the jury how much you are owed, if anything.

    Negotiation skills, patience, and knowledge of tort law are mandatory in these high-stakes discussions. That’s why we strongly advise clients to avoid fighting trucking companies and insurers alone.

    Truck Accident Lawsuits in Virginia

    Your Virginia truck accident attorney will be ready to take your case to court, if the at-fault party’s insurance company fails to offer you the settlement you deserve. Our experienced attorneys will guide you through every step of the process, so you know what to expect at every turn.

    Here is an overview of the steps your lawsuit will entail:

    Step 1. Prepare and file legal documents. We’ll prepare a complaint, which names the defendant, tells our version of the events that lead to your injuries, and explains why the defendant was negligent. We will also prepare a summons which lets the defendant know they must appear in court. We’ll file the documents in court and serve them to the defendant.

    Step 3. Review the defendant’s answer. The defendant must file an answer within 21 days of receiving our complaint, which will either accept or reject our version of the facts and allegations of negligence.

    Step 4. Discovery process. The next step will be the discovery process, which is a way to gather evidence and learn what the other side will say at trial. The stage includes:

    • Interrogatories: Each side prepares a list of questions that the other side must respond to. These responses are given under oath.
    • Request for production of documents that pertain to the subject matter of the lawsuit, which can be used as evidence.

    Step 5. Depositions. During the depositions, oral testimony is taken from the parties and witnesses involved in the case.

    Step 6. Mediation. Before heading to trial, we may try to settle the case through mediation, in which both parties meet with a mediator in an attempt to come to an agreement.

    Step 7. Trial. During the trial, both sides will present their case, present evidence, and call on witnesses to testify. A judge or jury will issue a verdict.

    Contact A Virginia Truck Accident Lawyer Today

    Armed with an adjuster’s report, insurers are notorious for approaching accident victims who are yet to retain counsel. The goal is to have good people take bad settlements for an accident that wasn’t the injured person’s fault. Sometimes it works; other times, however, victims are educated enough to retain CHASENBOSCOLO before speaking to an insurer.

    Thousands of hard-working residents in Virginia find themselves seriously injured because truckers were distracted, overtired, intoxicated, or simply reckless. If you were one of those injured by a trucker, tell them you mean business by calling our firm today at (855) 906-5296 or contacting us online to schedule your free consultation to discuss your case today.

    Frequently Asked Questions

    We are ready to answer all of your questions related to your accident at a free consultation. In the meantime, we’ve provided answers to commonly asked questions that may be useful.

    What if my truck accident involved a government vehicle?

    Claims against the federal government work differently than regular truck accident torts. For example, you’re given one (1) year to file your claim against the entity responsible for your accident; also, the process of filing your claim is different. Trust your truck accident lawyer to navigate this complex area of personal injury law.

    How long do these cases typically take to settle?

    Each case has its unique challenges. Some may require more evidence than others, while some insurers may be inclined to settle much sooner than others. Our firm works hard, and expediently, to help victims get compensated so they can move on with their lives. We’ve seen cases take several months, and some take several years; knowing how soon you will settle is almost impossible.

    How long do these cases typically take to settle?

    Truckers found in possession of narcotics, under the influence of drugs, or individuals who stole a semi and caused an accident will be liable civilly, and criminally. The civil component will work much like other injury cases, although if the semi were somehow uninsured, we would need to hold the trucking company liable.

    What if the trucking company says it's my fault?

    This scenario happens far more frequently than it should. We investigate all accident claims to back the victims’ claims of recklessness and tend to prove the trucking company wrong. Provided the injured individual is less than 50% at fault, they’ll still qualify for compensation.