Virginia Truck Accident Lawyer, Fighting for Your Rights
A catastrophic truck accident can happen in a variety of ways – jackknifing, falling asleep at the wheel and equipment malfunction are just a few examples. In almost all cases, the accident can be traced to human error at some point. If you have suffered such an accident, you are dealing with a lot right now, and there is no reason that financial distress should be added to your problems. You need a committed and proven Virginia Truck Accident Lawyer to be by your side.
Virginia personal injury law is designed to financially compensate truck accident victims like you who are injured as a result of someone else’s carelessness or intentional misconduct. You will need an experienced Virginia Truck Accident Attorney to help you assert your claim, however, because in many ways the Virginia legal system is biased against accident victims.
We’ve Got Your Back
The Virginia Truck Accident Attorneys at Koonz McKenney Johnson DePaolis & Lightfoot LLP, offer a track record of 35 years of experience and over $1 billion in recovered damages. Because of our stellar record at trial, insurance companies know exactly who we are. Ironically, it is our success in court that can keep you out of court – once they learn who is representing you, most insurance companies would rather settle your claim than risk a trial with one of our proven Truck Accident Lawyer.
A Testimonial from One of Our Satisfied Clients
“Mr. Depaolis: I can’t express enough how much your hard work and the results meant to my Dad. If you remember, 3 weeks before his passing he stopped all treatments. After learning about the large settlement he knew that financially my Mom would be OK. He was tired and ready to go and that check made his leaving us so much easier for him. Eleven years last month, I still miss him every day. God Bless” – A Client in Virginia
Other Types of Claims We Handle
Listed are the practice areas that Koonz McKenney Johnson DePaolis & Lightfoot LLP represent on clients in;
Car Accidents: Car accidents are among the most common types of personal injury claims because most car accidents are preventable. When it’s too late to prevent an accident, however, it’s still not too late to seek compensation from the party who caused the accident (or, more likely, the insurance company).
Medical Malpractice: Most people would be frightened if they realized just how common medical malpractice is. Even the American Medical Association lists malpractice as one of the leading causes of death in the United States. Fortunately, most health care providers can easily afford to pay successful claims against them.
Worker’s Compensation Worker’s compensation is a system for compensating workplace injury victims that is quite distinct from the ordinary personal injury compensation system. As such, the worker’s compensation system offers both advantages and disadvantages to injured workers. The bureaucracy can get rather complex, and filing deadlines are stricter than personal injury filing deadlines.
Construction Accidents: The most dangerous construction work is often the lowest paid. This puts a construction worker in a bind – his risk of injury is high, but his financial resources may not be sufficient to weather an extended period without income. There are two possible ways of handling this problem once an accident occurs – a worker’s compensation claim or a personal injury claim.
Nursing Home Neglect: Virginia nursing homes are governed by extensive state and federal regulations. Although standards of care are high in most nursing homes, the profit incentive prevails over the patient care ethics in some of them. Passive nursing home neglect is every bit as wrongful as active abuse, and a nursing home can be held liable for it.
Asbestos Disease/Mesothelioma: The insidious aspect of the various asbestos-related diseases is that symptoms may take decades to develop, during which time the company who exposed the worker to asbestos may have gone out of business. There are other means, however, that can be employed to secure the compensation you deserve.
Products Liability: The modern lifestyle involves the use of dozens or even hundreds of consumer products every single day. Anything from a malfunctioning auto airbag to an exploding aerosol can to a defective prescription drug can trigger liability, not only against the manufacturer but against the distributor as well.
Premises Liability: The owner or renter of public or private premises is duty-bound the repair or warn of dangerous conditions on his property for the sake of his guests. If he fails to do so and a guest is injured (by falling down slippery stairs, for example), the guest may have a valid premises liability claim.
Federal Tort Claims Act: Any government can forbid you from suing it for money damages because these damages must come from the pockets of taxpayers. This general principle is riddled with exceptions, however. One such exception is the Federal Tort Claims Act, which allows you to sue the federal government for personal injury under certain circumstances.
Frequently Asked Questions (FAQs)
How much liability insurance are truckers required to carry?
Federal law requires truckers to carry far more insurance than other motorists. Assuming the truck’s gross weight is at least 10,000 pounds, the driver must carry:
- $750,000 if the driver is not carrying hazardous materials;
- $1,000,000 if the driver carrying hazardous materials other than explosives; and
- $5,000,000 if the driver is carrying explosives.
It is critically important that you hire the right Virginia Truck Accident Lawyer to represent you. Our firm has a proven track record and will help you through the process.
What is a truck’s “black box”?
A “black box”, or Electronic Control Module, serves the same essential function as a commercial airliner’s black box, although it is less complex. It records average speed, maximum speed, cruise control times, braking times and other information. The information it contains can be used as evidence in court.
Is there a statute of limitations deadline on my claim?
Yes. Generally, you have two years from the date of the accident to file a lawsuit. In the case of a wrongful death lawsuit, the two-year period begins running on the day that the victim died. If you miss the deadline, your claim will become worthless unless an exception applies. A skilled and dedcated Virginia Truck Accident Lawyer can answer your questions about this and many other matters.
Can I file a claim against a trucking company for the negligence of its driver?
Perhaps. If the driver is classified as an employee, you can sue the trucking company for the driver’s negligence. If he is classified as an independent contractor, however, you can’t. A court decides whether the driver is an employee or an independent contractor.
Are punitive damages available?
Yes, but only if the defendant’s misconduct can be characterized as malicious or willful. Although there is a $350,000 cap on damages, punitive damages are awarded in addition to ordinary compensatory damages. A special statute allows you to win punitive damages against a drunk driver with a blood alcohol concentration (BAC) of .15 or higher. Having a highly knowledgeable Virginia Truck Accident Lawyer by your side is important to winning your case.
Can I win my claim if I can prove that the driver was texting at the time of the accident?
Maybe. Although texting while driving is indeed illegal in Virginia, breaking the law does not automatically amount to negligence – you must still prove that the driver’s texting rose to the level of negligence under the circumstances leading up to the accident. You must also prove that texting actually caused the accident.
How much auto insurance is required of Virginia motorists?
Virginia’s auto insurance law requires at least the following coverage:
- $25,000 per person for personal injury;
- $50,000 per accident for personal injury; and
- $20,000 per accident for property damage.
You can drive legally without insurance if you pay a $500 fee. Out-of-state drivers are subject to the requirements of their home states rather than Virginia’s requirements.
Can I sue the manufacturer of an airbag that failed to inflate during the accident?
Yes, you can. In some states you don’t even need to prove fault on the part of the manufacturer to win your claim. All you need to prove is that the airbag was defective and unreasonably dangerous when it left the manufacturer’s possession. You can even sue the distributor of the airbag. In other states, such as Virginia, you must prove that the manufacturer failed to use ordinary care to design, testing, or construct the airbag,
Your damages, however, will be limited to the extent to which the failure of the airbag to deploy increased your injuries. If you would have been injured in the accident anyway, you will have to file an additional claim against the party who caused the accident in order to receive full compensation.
Can I collect compensation for non-economic damages?
Probably. In many cases, you can collect damages for pain and suffering, for example. After all, your physical suffering and damage to the quality of your life are worth something, and it may be worth more than you think. In order to receive adequate compensation for your pain and suffering, loss to the quality of your life, or mental anguish, it is a good idea to diary the effects that your injury has on your life. With an experienced Virginia truck accident lawyer to assist you, you can present those impactful consequences to an insurance company in addition to the economic damages you suffer.
An Award-Winning Virginia Personal Injury Law Team
Our firm’s 13 attorneys are a highly decorated lot, and the awards from our peers just keep piling up. Four of our Virginia injury attorneys have been selected as Top Lawyers by the Washingtonian Magazine, five have been named Super Lawyers, and five were listed among the Best Lawyers in America from among 13,000 law firms surveyed. Let us put that expertise to work for you, hire a winning Virginia truck accident lawyer.
The Sooner You Act, the Sooner You Will Be Compensated
Bills don’t pay themselves, and we realize that you need money quickly. From the moment we take your case, we will be seeking the quickest possible resolution to your case, preferably in the form of a private settlement. As committed truck accident injury attorneys, we will not sacrifice your best interests for the sake of speed, however, and we are willing to fight it out at trial if necessary.
Your claim might be worth a lot more than you think it is, and our Virginia Truck Accident Attorneys can probably give you a ballpark estimate after we discuss your case with you. If you have been involved in a serious truck accident that you think might have been someone else’s fault, call us at (703) 596-1718 or simply contact us online so that an experience Virginia Truck Accident Lawyer can schedule a free, no-obligation evaluation of your case and discuss your options.