Accidents involving commercial trucks can quickly become catastrophic. Unlike collisions with other vehicles, the sheer force and weight with which a large truck impacts another vehicle often result in massive damages, lifelong injuries, and even death.
If you or a loved one has been involved in an accident with a large truck in Hampton, you need the help of an experienced truck accident lawyer. The truck crash attorneys at Huffman & Huffman Brothers-in-Law are here for you. We will explain how a truck accident can impact your life, what your legal options are, and how our firm can help you get justice.
What To Do After a Truck Accident
After a truck accident in Hampton, you may be shaken and possibly injured. If you are conscious and able to leave your vehicle, you should take the following steps:
- Ensure the safety of everyone involved in the accident. If you can safely exit your vehicle, do so immediately and walk to a safe space that is not near the accident or the roadway. Check to see if other passengers, drivers, pedestrians, and/or motorists need assistance, and assist them in relocating to a safe location.
- If possible, move away from other vehicles. Keep in mind that vehicles involved in crashes may be leaking flammable fluids or other harmful materials.
- Call 911 in case of an emergency. If you or anyone else is severely injured or if a vehicle is on fire, call 911 immediately.
- Contact the local police for help. Even if you feel fine, contact the local police department so that they can come to investigate the accident scene and file a report. This is a crucial piece of evidence if you decide to make a claim for damages.
- Take photos and videos of the accident site, and note other important information. If you are able to do so safely, take photographs and videos of the accident. Take photos of the information typically displayed on the door or side of the vehicle that includes the legal name of the trucking company and the USDOT number. Request names and phone numbers of eyewitnesses, and most importantly, gather names, addresses, and insurance information from other parties involved in the accident.
- Ask the truck driver for the contact information of all the owners and operators. It is possible that the truck that crashed into your vehicle is owned and operated by different companies, which is why you should try to get details of all the parties who can potentially be held liable.
- Go to a nearby hospital immediately for a head-to-toe assessment. Even if you don’t think you are injured, it is best to have a head-to-toe assessment at a local emergency room or urgent care. Adrenaline and shock can mask underlying injuries which could become problematic later.
- Consult with a Hampton truck accident law firm. From the moment you are involved in an accident with a truck, you should consider hiring a truck accident lawyer. A truck accident lawyer can protect your interests and help you file a claim for compensatory damages with the appropriate parties.
While there are important steps to take after an accident, there are also actions you will want to avoid.
What Not To Do After an Accident
After your accident, avoid solicitation by other parties’ insurers. Insurance companies who are liable for paying a settlement to you may attempt to get you to admit blame, accept a lowball settlement amount, or suggest that you don’t involve lawyers. Insurers have teams of lawyers working for them, so it is always wise to hire your own.
In addition, you should avoid making any statements to the police or other parties that could be interpreted as accepting blame or responsibility for the accident. Virginia operates under a contributory negligence rule, which means if you are found to be even 1% responsible for the causation of the accident, you could be denied a settlement claim.
We understand that a truck accident is a traumatic life event that you might want to discuss with friends and family, but it is important to avoid discussing the details of your crash with others. Avoid posting pictures or particulars about the accident on social media, because this could be used against you at a later date.
The time period for filing claims starts the day of your accident (barring very limited exceptions). This is why it is in your best interests to hire an experienced Hampton truck accident attorney to help ensure you don’t miss any important deadlines or procedural formalities.
When Should I Contact a Hampton Truck Accident Lawyer?
You can hire a Hampton truck accident attorney from the day of your accident. In other words, it is never too soon to call for legal help. Getting an attorney on your side enables them to better access things they need to build their case and have enough time to conduct a thorough investigation.
You may be tempted to accept a settlement offer without an attorney. However, it is a good idea to involve an attorney in the negotiation and settlement process to help make sure it is fair and covers your damages to the fullest extent possible.
Types of Truck Accidents
Truck accidents can involve serious injuries and extensive damages. Due to the weight and speed of large trucks, these accidents are often severe in nature. Combine these dangers with roadways that are notoriously dangerous or in ill repair, and you have a high likelihood of catastrophic collisions. Truck accidents may involve:
- Rear-end collisions: This happens when a truck is not able to stop soon enough before hitting another vehicle from behind. Depending on weight and speed, it can take a speeding truck up to the length of two football fields to come to a complete stop.
- Jackknife accidents: A jackknife accident occurs when a truck’s trailer swings too wide, causing the trailer and the cab of the truck to fold in on itself, resembling a closed pocketknife.
- Blind spot accidents: Trucks have blind spots that are larger and more dangerous than blind spots in passenger cars. It’s important for drivers to be aware of truck blind spots and to avoid driving in such areas.
- Truck rollover. A truck rollover occurs when a truck loses control and flips onto its side. Trucks have a higher center of gravity than cars, making them more susceptible to tipping. Driver fatigue, improper loading, and adverse weather can contribute to truck rollovers.
- Wide turn crashes: Many roadways are not designed to accommodate the size and weight of large trucks, making these vehicles prone to accidents when they make wide turns.
Who Is Liable For a Truck Accident?
Liability in a truck accident is based on the totality of the circumstances of the accident. A truck driver’s actions or inactions may have contributed to the accident, or the trucking company may have skipped performing regular maintenance, leading to mechanical failure. Sometimes, more than one party may be responsible for the accident. For example, if a truck driver was fatigued due to excessive hours worked, both the driver and the trucking company could be held liable for the accident.
A Hampton truck accident attorney who is well-versed in Virginia’s laws can investigate your case and determine whether your injuries were caused due to someone else’s negligence. Negligence occurs when a person or entity fails to exercise their duty of care, leading to harm or injury. At Huffman & Huffman, our team of experienced attorneys can review your case and help you file a truck accident lawsuit so you may recover the maximum compensation possible.
How To Prove Liability In a Truck Accident
Establishing your case takes expertise and a clear understanding of the Virginia Code and Hampton court procedures. A local attorney can understand which pieces of evidence are likely to be admissible in court and gather all relevant documentation to substantiate your claim.
Common types of evidence an attorney may request in a truck accident investigation include logbooks, police reports, testimonies from witnesses, dash cam footage, black box data, medical records, and other relevant documentation. These can help establish liability and determine the extent of damages in a Hampton truck accident lawsuit.
What Is the Average Settlement For a Semi-truck Accident?
The average settlement for a semi-truck accident can vary widely depending on numerous factors:
- Nature and extent of physical injuries
- Total medical expenses
- Cost of medical care (for example, long-term assisted care and rehabilitation)
- Damages from lost wages and loss of earning potential
- Pain and suffering
- Insurance coverage
- Percentage of liability
- Quality of legal services and representation
Common Causes of Truck Accidents
Trucks are necessary for the shipment of goods across the country. However, a lot can go wrong if rules are not followed, trucks are not adequately maintained, and drivers do not take care of their mental and physical health. While there can be one or multiple causes of truck accidents in Hampton, here are some of the most common factors:
- Speeding. When trucks do not have adequate time and space to stop, they can crash into other vehicles or objects.
- Driver inattention. Distracted driving is highly dangerous. Virginia law prohibits drivers from using cell phones while driving, but distraction can come from other sources, like looking at a map, GPS device, or even thinking of something other than driving.
- Driver fatigue. Rest rules exist for truck drivers to help keep everyone on the road safe. If a driver does not follow these rules, or if the company they work for pressures them to drive longer distances without breaks, they may be at risk of road accidents.
- Driving under the influence (DUI). Driving under the influence is illegal, but it’s important to remember that DUI means more than just driving while intoxicated or using illegal drugs. Certain medications that may be legally prescribed for a driver may make it unsafe for them to operate their vehicle.
- Failure to obey traffic rules. Running a red light, ignoring posted speed limits, or passing illegally can all contribute to accidents.
- Improperly loaded cargo. Employees who load trucks before they depart need to load them properly, obeying weight and balance guidelines to ensure that the trucks are safe for travel.
- Lack of maintenance/equipment failure. Trucking companies need to ensure their trucks are in good repair and fully operational. All trucks should have routine inspections and safety checks to make sure they are road-safe.
- Adverse weather/road conditions. Weather and road conditions in Hampton can quickly become hazardous, leading to accidents.
- Violation of trucking regulations. There are numerous laws in place to protect both truck drivers and other drivers on the road. When these laws are not followed, there is a higher potential for accidents.
Recent Truck Accidents in Hampton, VA
With a major interstate (I-64) running east/west from Chesapeake across the entire state, it is no surprise that trucking accidents happen frequently.
On August 28, 2024, the driver of an International Box Truck fell asleep at the wheel and rear-ended another vehicle near Big Bethel Road. Both drivers were taken to the hospital, and the driver of the International Box Truck was issued a summons for reckless driving.
In May of 2024, another truck driver lost control of his vehicle and struck an SUV carrying several passengers. The collision with the SUV caused another collision, this time involving a Virginia State Trooper’s vehicle that was responding to an incident. The truck driver was charged with reckless driving.
Truck accidents in the Hampton area are unfortunately common and often fatal. If you recently lost a loved one in a truck wreck caused by someone else’s negligence, contact Huffman & Huffman today to explore your options for filing a wrongful death claim.
How Much Do Accident Lawyers Charge?
At Huffman & Huffman, we never charge you a consultation fee or other hidden fees. When you get compensation for your claim, that is when we get compensated a percentage of the total amount. In other words, it costs you nothing to meet with us to discuss your case and determine your next steps.
Contact a Hampton Truck Accident Attorney at Huffman & Huffman For a Free Legal Consultation
When you or a loved one has been injured in a truck-related accident, you need the knowledge and skill of a Hampton truck accident lawyer. Huffman & Huffman puts our 150+ years of combined experience to work for you so that you can get the compensation you deserve to move forward. Contact us today to find out how we can help.
