Best Truck Accident Lawyers Virginia Beach, VA Of 2024 – Forbes Advisor – Technologist
While you can settle a car accident claim without a lawyer, truck accident lawsuits often require the guidance of a skilled attorney. Trucking accidents involve multiple parties and damage claims, and your attorney can help you navigate the regulations, limitations and contributory negligence laws that could impact your settlement.
Virginia Statute of Limitations for Truck Accident Cases
You have two years from the date of the accident to file a semitruck accident lawsuit in Virginia Beach or five years if you’re suing for property damage alone. If you wait too long, a judge may dismiss your case, barring you from ever seeking compensation.
Exceptions to this rule are rare, so it’s recommended that you file insurance claims and lawsuits as soon as possible. Virginia’s contributory negligence laws can complicate your path to compensation, but filing quickly with a skilled attorney can help ensure you meet all deadlines and requirements.
Virginia Laws for Truck Drivers
Virginia trucking laws are shaped by both federal regulations and state-specific rules enforced by the Virginia Department of Transportation (VDOT).
VDOT manages truck size, weight, equipment and display markings and also designates freight routes that truckers must follow. Other Virginia laws for truck drivers include:
- Driving limits. Truckers cannot drive for more than 11 consecutive hours, with shifts (driving and nondriving) limited to 14 hours.
- Mandatory breaks. Thirty-minute breaks are required after eight hours of driving, and a 10-hour off-duty break is mandatory after 11 hours.
- Weekly restrictions. Truckers cannot drive more than 60 hours in a week or more than 70 hours in eight consecutive days.
- Documentation requirements. Truck drivers and their employers must keep detailed records of driving time, vehicle inspections, maintenance and repairs.
Generally, there aren’t damage caps in Virginia truck accident cases. If a truck driver violates any of the regulations above, you’re entitled to full compensation for medical bills, lost wages, property damage and pain and suffering. Only punitive damages are capped at $350,000.
Identifying Fault for Truck Accidents in Virginia
The contributory negligence rule makes filing a truck accident lawsuit in Virginia almost impossible if you’re even partially at fault for the accident.
However, because truck drivers and commercial trucking companies are held to such strict legal standards in Virginia, an attorney can take many avenues to determine who is responsible for the collision.
- Driver negligence. Truck accident statistics reveal that impaired truck drivers are the leading cause of highway collisions. An attorney can review police reports and trucking logs to assess the driver’s speed, blood alcohol level and driving time.
- Corporate negligence. Trucking logs report maintenance, freight and training schedules. Your lawyer can determine if unethical practices, improper loading or unloading or a lack of vehicular maintenance led to the collision.
- Manufacturer negligence. If defective parts, faulty wiring or improper brakes caused the accident, your attorney could pursue a product liability lawsuit against the truck manufacturer.