Truck Accident Lawyer Portsmouth

Even the most experienced and safe drivers in Portsmouth can find themselves in a major accident in the blink of an eye. And when that accident involves a truck, it can result in much greater injuries and property damage than would occur in a typical passenger car accident.

If you or a loved one were involved in a truck accident in Portsmouth, it’s urgent that you secure legal representation, even when liability seems clear-cut. Insurance companies can refuse to pay you your fair share or claim that you were at fault for the accident, leaving you on the hook for thousands or even tens of thousands of dollars worth of damages.

If you need immediate legal representation in a Portsmouth truck accident, there is no better firm to call than Huffman & Huffman Brothers-in-Law. We have over 150 years of combined experience in personal injury law, including truck accidents and car accidents. Schedule a free consultation by calling 757-525-9820 today.

Who Is Liable In a Truck Accident?

Because liability in a truck accident can fall on multiple parties, an extensive investigation is often needed. Here are the possible parties that may be held liable in a truck accident in Virginia:

• The Truck Driver: If the truck driver was negligent—whether due to speeding, distracted driving, fatigue, or violating traffic laws—they could be held directly responsible for the accident. Additionally, if the driver was under the influence or violated federal regulations (such as hours-of-service rules), liability could rest on them.
• The Trucking Company: In many cases, the truck driver’s employer can also be liable. The trucking company may have failed to provide adequate training or supervision, neglected vehicle maintenance, or encouraged drivers to violate safety regulations to meet delivery deadlines. Under the legal doctrine of respondeat superior, employers can be held responsible for the actions of their employees if the driver was acting within the scope of their employment when the accident occurred.
• Cargo Loaders: Improperly loaded cargo can contribute to an accident by causing a truck to tip over. If this happens, the company or individuals responsible for loading the truck may be held liable.
• Truck Manufacturers or Maintenance Companies: If a defective part or inadequate maintenance played a role in the accident, the vehicle or parts manufacturer, or a company responsible for maintaining the vehicle, could be held liable under product liability laws or negligence.
• Other Drivers: Sometimes, another driver can be liable for the accident. For example, if a car cuts off the truck, causing the driver to swerve or lose control, the driver of the car might share liability.

Virginia follows a pure contributory negligence rule, meaning that if you are injured in a truck accident but were partially at fault, even only by a small amount, you may not be able to recover compensation. This makes it crucial to establish clear liability in truck accident cases. Given the complexity of these cases, seeking legal advice from a truck accident attorney is often recommended to ensure a thorough investigation and proper assignment of fault.

Do I Need a Truck Accident Lawyer in Portsmouth, VA?

You’re not required to have a lawyer for a truck accident in Portsmouth, VA, however, it’s almost certain you’ll need one if you intend on winning your case. Trucking companies can have hundreds of thousands or even millions of dollars in their legal budgets and often have truck accident lawyers on retainer. Even if you think that the other driver is clearly at fault, without extensive knowledge of Virginia truck driving laws, you could be setting yourself up for failure if you decide to represent yourself. Remember that even partial liability in a Virginia truck accident can mean that you are responsible for paying a significant amount of the damages, which could amount to thousands of dollars.

How Are Damages Calculated In Truck Accident Cases?

In truck accident cases, damages include those that are “economic” and “non-economic.” Economic damages cover straightforward financial losses, such as the cost of emergency care, surgeries, rehabilitation, and ongoing treatment. They also account for lost wages if a victim cannot work due to their injuries. Property damage, such as costs to repair or replace vehicles, and other expenses like transportation to medical appointments or home modifications for disabilities, also fall under economic damages.

On the other hand, non-economic damages cover losses that are much more challenging to calculate, such as pain and suffering and emotional distress. This includes the physical pain and emotional toll the victim endures, as well as the psychological impact, such as anxiety or PTSD. In some cases, victims can also receive compensation for loss of consortium.

The exact amount of compensation that you can expect to receive in a truck accident case will depend on a variety of factors, such as how serious the damages are, or if there were aggravating factors such as driving under the influence or aggressive driving. Ultimately, the most effective measure you can take toward seeking the maximum payout is getting legal representation from a lawyer who specializes in truck accident settlements.

How Can a Portsmouth Truck Accident Lawyer At Huffman & Huffman Help Me?

Huffman & Huffman is a trusted law firm based in the Portsmouth area with decades of local experience, specializing in helping accident victims, particularly in truck-related cases. Our in-depth understanding of Virginia’s laws and traffic conditions allows us to provide effective legal representation with proven results.

We assist clients by conducting thorough case investigations and evidence gathering, including reviewing police reports, witness statements, and truck maintenance records to not only strengthen your case but also determine liability and identify all responsible parties, from drivers to trucking companies, to increase your chance of receiving the most compensation possible. Huffman & Huffman also handles all negotiations with third parties, such as insurance companies, and is prepared to represent clients in court if a fair settlement cannot be reached.

Truck Accident Lawyer Portsmouth: FAQs

Here are a few of the most common questions that our personal injury law firm faces concerning truck accidents.

What Are the Most Common Causes of Truck Accidents?

The most common causes of truck accidents include driver fatigue, distracted driving, improper maintenance, speeding, and overloaded or improperly loaded cargo.

Are Truck Drivers Responsible For Damages?

Truck drivers can be held responsible for damages if they are found negligent, but liability may also extend to the trucking company, vehicle manufacturer, or cargo loaders depending on the circumstances. Remember that due to Virginia’s contributory negligence law, liability may also extend to you or other drivers even if it’s found that you are at least 1% liable.

Is a Truck Safer Than a Car In a Crash?

Yes. Truck drivers are less likely to suffer from serious injuries or death in a collision than those riding in a passenger vehicle. According to the National Highway Traffic Safety Administration, 70% of fatalities in large truck crashes in 2022 were occupants of other vehicles. However, truck drivers aren’t always left unharmed after an accident, and they can also benefit from legal representation when a collision is caused by another driver.

What Is the Average Settlement For an 18-Wheeler Accident?

There is no average settlement for an 18-wheeler accident. Some cases can settle for thousands while others may settle for millions depending on the severity of the victim’s injuries and other damages.

How Much Does Accident Insurance Pay Out?

Accident insurance payouts depend on the policy limits, the extent of the injuries, and the damages sustained, but typical payouts can range from a few thousand dollars to substantial sums in serious cases.

Speak To an Experienced Portsmouth Truck Accident Lawyer Today To Learn More

When a truck accident occurs, it’s incredibly rare that there is only minimal damage or injuries. If you or a loved one has experienced a truck accident, it’s likely that you’re suffering a catastrophic, life-changing event with few resources to turn to for help. To make matters worse, dealing with insurance companies who won’t pick up the phone or who are engaged in predatory tactics only serves to make the situation worse. Don’t take a gamble against your future—hire the law firm that’s successfully served the Portsmouth area for over half a century. Schedule a free consultation today with Huffman & Huffman.