A person who is injured in a truck collision could be eligible for compensation. However, to recover damages, the claimant will have to establish who the at-fault party is and how they were liable.
A victim of a truck crash should contact an experienced attorney as quickly as they could to make sure that they level the playing field by taking the steps that are necessary to ensure that their rights are protected early on. A dedicated lawyer with experience establishing negligence in Richmond truck accident cases could help you recover compensation. Reach out to a seasoned truck accident attorney today.
Richmond, like all places in Virginia, is a contributory negligence jurisdiction. That means that if one is involved in an accident with a tractor-trailer or any other type of accident and they are found to be partially at fault for causing the accident, they are barred from recovering any damages. In a comparative negligence jurisdiction, juries and judges look toward who is more at fault. However, in Richmond, the law is that if the alleged victim of a truck accident is even one percent at fault for the accident, it could constitute a complete bar to recovery of any damages. Therefore, it is crucial for an injured victim to obtain a lawyer who could help with establishing negligence in a Richmond truck accident case and recovering compensation.
The main factor considered that could move liability one way or another is whether or not the driver of the truck was operating a vehicle in accordance with the rules that govern the operation of that vehicle. Typically, with a passenger car, those would be the rules of the road that all drivers in Virginia are required to drive using ordinary care. With a commercial motor vehicle, special rules may exist that have bearing on whether or not the driver was negligent, including those set forth in the by the Federal Motor Carrier Safety Act. If a truck driver fails to follow the law, they could cause an accident and then be found liable.
For instance, if a truck driver was fatigued from not taking their mandatory rest time and they caused a wreck, they would be found negligent for the wreck.
Truck accidents usually involve serious injuries and damages. After a truck collision, risks management teams for the trucking company are often sent to the scene immediately to investigate. This is why it is imperative for the injured person to hire an accomplished lawyer as soon as possible. An attorney could help protect your rights and gather evidence. It is crucial to have a legal professional who understands the laws that regulate the use of commercial motor vehicles.
If you or a loved one were injured in a truck collision, call today. Let a skilled lawyer who is knowledgeable about establishing negligence in Richmond truck accident cases help you recover the compensation that you deserve.