Virginia Distracted Driving Truck Accident Lawyers
Were you involved in a truck accident with a distracted truck driver? Did you sustain injuries or lose a loved one in the accident? If so, contact the knowledgeable, compassionate Virginia truck accident attorneys at CHASENBOSCOLO. We will review your case, your legal options for compensation, and your best path forward.
Distracted driving causes 3,500 deaths in motor vehicle accidents every year. According to one survey, 56.7% of people admitted to drinking or eating while they drive. Another 26.8% said texting and driving was their number one distraction behind the wheel. Many distractions exist when someone is operating a vehicle. Anything that directs their focus and attention away from driving can result in an accident.
If the truck driver wasn’t paying attention to what they were doing and caused the collision that injured you, you could hold them liable. You deserve financial compensation for the suffering you endured as a result of their careless actions.
At CHASENBOSCOLO, we have 30 years of experience handling legal cases on our clients’ behalf. You can count on our award-winning attorneys to fight by your side throughout your case. Call us at (703) 538-1138 for a free consultation with one of our Virginia distracted driving accident lawyers.
Distracted Driving Comes In Many Forms
The Centers for Disease Control and Prevention identifies three types of distractions. They include:
Manual distractions – This form of distraction involves the driver removing one or both hands from the wheel to perform a task. Examples include:
- Sending a text
- Grabbing an item in the car
- Changing the radio
Visual distractions – Visual distractions occur when a driver looks at something that takes their field of vision away from the road ahead. When a truck driver takes their eyes off the road, they’re unable to notice what’s going on in front of them. Examples include:
- Looking at oneself in the mirror
- Turning to look at a passenger
- Reading a text or email
- Watching the GPS
Cognitive distractions – This requires a driver to redirect their attention from the task of driving to something else. It can coincide with other forms of distraction. Examples include:
- Acts of road rage
- Listening to an audiobook
- Thinking about an upsetting situation
The Federal Motor Carrier Safety Administration prohibits truck drivers from using their cell phones while operating a commercial truck. Drivers are not allowed to hold their mobile phones to make a call, press more than a single button on the phone, or reach for a phone in a manner that takes them out of a proper sitting position. Violating these regulations could lead to fines, commercial license revocation, and civil penalties.
Steps You Should Follow After a Distracted Driving Accident In Virginia
If you were in an accident and suffered injuries because the truck driver became distracted, you should take immediate action. Although you can begin building your case at the accident scene, you may have severe injuries that prevent you from gathering information and evidence. CHASENBOSCOLO can focus on gathering evidence and handling your insurance claim or lawsuit while you attend your doctor’s appointments.
Whether you or another driver called 911, you should allow emergency services to treat your injuries and to take you to the hospital, if needed. If you don’t receive emergency medical treatment, be sure to see your doctor immediately following the accident. The doctor will look over your injuries and determine if you need further treatment to heal. If they refer you for physical therapy, surgery, or another type of medical care, it’s crucial that you listen to them.
One of the biggest mistakes people make after an accident is choosing not to seek immediate treatment. If you wait for days or weeks, an insurance company could look at that as evidence that you didn’t get hurt or it isn’t that serious. In turn, they would likely provide a low settlement offer or nothing at all.
You should also hire an experienced Virginia distracted driving accident lawyer. Without legal representation, you won’t know the deadlines you must follow, how to handle obstacles you face, and where to look for evidence. We can take care of those steps for you. We have extensive resources to track down witnesses, uncover vital accident scene evidence, and determine who was at fault.
While you’re seeking ongoing treatment, we will handle the legal aspects of your case. It’s important that you show up to every appointment and try not to make a habit of skipping or rescheduling them. You should also keep a copy of all documentation associated with the case. That includes medical records, damage estimates for your car, prescription costs, out of pocket expenses, and insurance company letters from your injury claim. We could use those documents as evidence to prove the truck driver caused the accident and you suffered injuries as a result.
Compensation Available in an Insurance Claim or Lawsuit
Whether you file a claim or lawsuit, you can pursue compensation to cover your financial, emotional, and physical losses. These losses are the result of your injury and the subsequent effects it has on your life. The types of compensation available in Virginia include:
- Mental anguish
- Lost wages
- Lost earning capacity
- Car repair or replacement costs
- Medical bills
- Disfigurement or deformity
- Pain and suffering
- Out of pocket expenses
CHASENBOSCOLO will obtain copies of all documents associated with your treatment, expenses, and other losses to determine a fair value for your case. Opposing parties won’t want to provide the maximum compensation you deserve, especially not the insurance company. They will use every tactic they have to get away with denying your claim or providing an inadequate settlement offer. We won’t allow them to get away with that.
When you hire one of our Virginia distracted driving accident lawyers, we will create a legal strategy to get the insurance company to pay what they owe you. It’s our goal to ensure you receive the compensation necessary to cover your past and future losses. If we have to pursue a lawsuit against the insurance company and at-fault truck driver, we have the resources and drive to do so.
Lawsuits involve strict deadlines and specific procedures that it’s important to follow. For example, there’s a statute of limitations you must follow if you want to file a lawsuit against someone. The statute of limitations in Virginia is two years. That means you have two years from the accident date to sue. If the statute passes before you file, you will likely lose your right to seek compensation.
Seeking Justice for the Death of a Loved One
If your loved one died in a distracted driving truck accident in Virginia, you might be entitled to compensation. Wrongful death is the death of a person caused by another party’s neglect, default, or wrongful act. You must file a wrongful death lawsuit within the two-year statute of limitations if you want to pursue a monetary award for the losses you and your family suffered.
State laws only allow specific family members to pursue a wrongful death case. They are:
- A surviving spouse and children or grandchildren
- Surviving parents and siblings or a relative who is a dependent and shares a household with the deceased
- Surviving family member entitled to the deceased’s inheritance
Only allows surviving relatives can file suit if no other surviving loved ones are alive or able to pursue legal action. Spouses, children, and grandchildren are first in line. If there isn’t a surviving spouse, child, or grandchild, the parents, siblings, or dependents can file. Lastly, whoever is next in line to inherit the deceased’s estate could file suit if there are no other surviving family members.
The losses you could seek in a wrongful death case include:
- Funeral and burial costs
- Mental anguish
- Medical bills associated with your loved one’s fatal injury
- The value of the deceased’s lost wages, including any wages and benefits they would have earned if they survived the accident
- Loss of comfort, companionship, guidance, care, and society provided by the deceased
CHASENBOSCOLO understands the devastation of losing someone in an accident that could have been avoided. We will provide the support and guidance you need during this difficult time. You can depend on us to handle your case with care and compassion and seek justice for your loved one’s death.
Schedule Your Free Consultation With CHASENBOSCOLO
Our Virginia distracted driving accident lawyers have decades of experience advocating for our clients’ rights and fighting for the maximum compensation available. We believe in providing dependable and affordable legal representation so accident victims have a fair chance of holding the responsible party accountable for the pain and suffering they caused.
We take all cases on contingency, so you don’t have to worry about paying upfront fees or costs. Unlike other law firms, we don’t charge legal fees to retain our services or ongoing fees while we’re working on your case. With our No Fee Guarantee®, we won’t expect you to pay us unless we recover compensation. If we lose, you won’t owe us anything.
Call CHASENBOSCOLO for a free consultation with one of our Virginia distracted driving accident lawyers. You should have a dedicated legal team on your side after a distracted truck driver causes your injuries.