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Chesapeake VA Truck Accident Lawyer

Commercial big rigs and semi-trailer trucks can pose serious risk on the road. If a truck driver makes careless mistakes or fails to operate the vehicle safely, drivers and passengers of other vehicles often pay the price. Those victims can experience serious injuries, property damage, and ongoing financial hardships that affect their whole lives. However, people who get injured in a truck accident have rights. They can fight for compensation for their damages, including medical bills, lost income, pain and suffering, and emotional distress. 

If you or a loved one were injured in a truck accident in Virginia, a Chesapeake truck accident lawyer from Cooper Hurley Injury Lawyers is ready to fight for the compensation you need and deserve. We’ll handle the legal process and push back against unfair insurance adjusters so you can focus on your recovery and rebuild your life. Schedule a free case evaluation with our team today to see how we can help you get the maximum value for your losses.

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How Can a Truck Accident Lawyer in Chesapeake Help Me?

If you don’t have any legal experience, taking on insurance representatives or a trucking company on your own can be complicated and overwhelming. These companies have attorneys and legal departments that quickly minimize your losses and pressure you to accept less than you deserve. 

Working with an experienced personal injury lawyer in Chesapeake gives you the edge you need to claim the maximum compensation you are entitled to after an accident. Our professional legal experts will handle the following: 

  • Conducting a full investigation of the accident 
  • Collecting evidence to support your claim, including witness statements, cell phone records, toxicology reports, truck black box data, and physical evidence from the scene of the accident 
  • Building a solid case using legal strategies based on experience with truck accidents 
  • Dealing with insurance companies that try to pay out as little as possible 
  • Valuing your damages and determining what to include in your legal claim 
  • Negotiating settlements with insurance companies and other involved parties 
  • Taking your case to trial to argue before a jury if other parties will not reach a fair settlement 

Our team provides award-winning legal representation and expert guidance throughout the process to help you make the most informed decisions about your case and avoid common mistakes following a truck accident. We are with you every step of the way. 

You Don’t Pay Unless We Win 

At Cooper Hurley Injury Lawyers, we aim to secure a settlement or verdict that accurately represents what your Chesapeake truck accident case is worth. We work on contingency, which means you owe us nothing unless we win your case. There are never upfront fees or out-of-pocket expenses to work with our team of truck accident experts. 

Contact Cooper Hurley Injury Lawyers for your free, no-obligation case evaluation to see if you qualify to claim compensation and what your case may be worth. We will show you what to expect and how we might help you get the financial compensation you need now. 

Meet the Award-Winning Team at Cooper Hurley Injury Lawyers

As “The Car Crash Experts,” Cooper Hurley Injury Lawyers helps victims of all motor vehicle accidents, including truck accidents. Whether you need a Chesapeake motorcycle accident lawyer, a car accident attorney in Chesapeake, or a skilled truck accident attorney, our team has you covered. 

Our team has received recognition for our dedication to clients with awards and honors such as: 

  • Virginia Super Lawyers 
  • Top Lawyer by Coastal Virginia Magazine and CoVaBIZ 
  • Top 100 Trial Lawyers in VA 
  • AV Preeminent™ Peer Review Rated by Martindale-Hubbell® 
  • National Trial Lawyers Top 100 list 

When you work with our team of truck accident lawyers in Chesapeake, you have the most trusted name in Virginia personal injury on your side. We will do everything possible to ensure you get every dollar you deserve for your injuries and suffering. Schedule a free consultation today. 

Our Results 

Founding partners John Cooper and Jim Hurley have built a practice based on the compassionate representation of accident victims and a record of successful results. The Cooper Hurley Injury Lawyers team proudly secured these case outcomes: 

  • The second-highest car crash verdict in Virginia in 2022 
  • $6.5 million for a car accident victim 
  • $5 million for a woman injured by a truck driver 
  • $4.725 million for adolescent auto accident victims 
  • $2.8 million for a highway worker hit by a drunk driver 

Our experience in achieving desirable outcomes sets our law firm apart from the competition. We focus on strategy, building your case with substantial evidence, and using expert negotiation skills to secure the maximum value for your losses.

Damages You May Recover Following a Truck Accident in Chesapeake

If you were injured in a truck accident, you might qualify for compensation for all the losses resulting from the crash. Your damages may include the following:  

  • Medical bills 
  • Future medical care, including rehabilitation 
  • Property damage 
  • Lost income 
  • Loss of future earnings capacity 
  • Disfigurement 
  • Pain and suffering 
  • Emotional distress 
  • Loss of companionship 
  • Loss of enjoyment of life 

Truck accident injuries are often severe and life-changing. Since these trucks are so large and heavy, a crash involving these vehicles can lead to expensive medical bills and the need for long-term medical care. On top of their physical injuries, victims can develop debilitating anxiety and emotional distress affecting their everyday lives. These changes can also affect relationships with spouses and children. Victims may even suffer from stress that leads to cardiovascular issues, including irregular heartbeats or heart attacks. 

You do not have to deal with the financial consequences of a truck crash alone. Our truck accident attorneys will identify your damages and fully value each to claim the maximum compensation for your losses. Contact our team to learn more about your legal options and what types of damages you can include in your claim.

Who Is Liable for a Truck Accident in Virginia?

While it is easy to say the truck driver is to blame for a crash, several parties may be responsible for the accident. Whoever failed to take reasonable care to do their job, which is crucial to the vehicle’s safe operation, could be to blame for the crash. The party who is liable for the truck accident may include the following: 

  • The truck driver 
  • The trucking company 
  • The freight or loading company 
  • A maintenance company 
  • A manufacturer of parts or equipment 
  • Other third parties 

How Does Contributory Negligence Affect Truck Accident Cases in Virginia? 

The state of Virginia follows a pure contributory negligence rule. The law states that any accident victim who shares fault in the accident loses the right to claim compensation entirely. Even if the accident victim is determined to be only one percent responsible for a truck accident, they cannot bring a legal claim for compensation under this rule. 

Due to contributory negligence, it is vital for truck accident victims to work with a skilled attorney who can protect their rights and fight for the financial support they need. Contact our team as soon as possible after a truck accident to prevent the insurance companies from trying to blame you. Without legal representation, you may inadvertently accept blame or say something that could hurt your case. 

Is the Trucking Company Liable? 

While some truck drivers own the 18-wheelers they operate, others are employed by freight companies and other businesses. When this is the case, the trucking company will typically share responsibility for any injuries caused by their employees acting in the scope of their employment. 

Some actions taken by the trucking company are negligent on their own. For example, federal laws limit the daily and weekly hours that truckers can be on the road. If a trucking company schedules a driver for more than the maximum allowable hours, it will be considered negligent in an injury case. 

Companies may also be negligent if they overload the vehicle. Federal highways have a maximum weight limit based on the number of axles on a vehicle. If the overloading of an 18-wheeler contributes to an accident, the trucking company may be held responsible.

picture of Bailey Gifford

Ask The Car Crash Experts - Who's Liable in a commercial truck accident?

Bailey Gifford, Personal Injury Lawyer

“If you’re hit by a commercial vehicle, it’s not just the driver who’s liable for any injuries they may have caused. The company that employs the driver at the time of the accident is also responsible for any injuries resulting from their employee’s actions.”

Common Causes of Trucking Accidents

Several things can contribute to a truck accident, including negligence and hazardous road conditions. The most common causes of truck accidents include the following: 

Improper Loading 

Tractor-trailer trucks travel with immense amounts of cargo across long distances. If the cargo is not loaded properly or the trailer carries too much weight, it can lead to dangerous driving conditions and accidents. For example, a jackknife truck accident happens when weight shifts inside a trailer, causing it to move out of alignment with the truck’s cab. The 18-wheeler truck jackknifes, or buckles, as the trailer sways out to the side of the cab and causes a major accident. 

Fatigued Drivers 

Fatigued truck drivers are a major concern due to their long hours behind the wheel. Although some federal laws and regulations limit working hours for truck drivers and require them to rest between shifts, it’s still possible for fatigue to impair a driver’s ability to operate the vehicle. 

Some drivers may feel pressured to deliver their cargo on time and ignore required breaks or rest periods. Others may take medication that causes drowsiness. Other causes of truck driver fatigue include: 

  • Disruptions in normal sleep patterns, including driving at night 
  • Not getting the recommended duration of sleep 
  • Operating a vehicle after a large meal 
  • Overall health issues, including obesity or breathing problems 
  • Hours of doing a repeated or monotonous activity 

Inclement Weather 

Poor weather conditions are another factor that can increase the risk of a truck accident. Rain, snow, fog, and other bad weather can reduce driver visibility or make the roads slippery. If a truck driver does not account for these conditions or drives when the weather makes it unsafe, they may be liable for damages. 

Blind Spots 

Because of their size, big rig trucks have blind spots where drivers cannot see motorists or pedestrians around them. While these large trucks have special mirrors that improve a driver’s view of their surroundings, they are not perfect. If a truck collides with your vehicle because you were in the driver’s blind spot, you may still qualify to claim compensation. 

If the driver did not keep a proper lookout or failed to use reasonable care before making a turn and caused a blind spot accident, you may recover financially for your losses. 

Distracted Driving 

Distracted driving is on the rise and causes about 3,000 deaths per year. If a truck driver becomes distracted while operating the vehicle, the results can be devastating. Some things that can cause truck drivers to take their attention off the road include: 

  • Texting and other cell phone use 
  • Eating or drinking behind the wheel 
  • Checking navigation systems while driving 
  • Adjusting the radio or dispatch system 
  • Being distracted by a co-driver 
  • Looking at roadside accidents while passing 
  • Becoming lost in thought during long drives 

Drunk Driving 

Drunk driving is a significant concern for all drivers on the road. Truck drivers under the influence of alcohol can cause severe accidents with fatal consequences. Drunk driving laws for truckers are stricter than they are for other motorists. Under Virginia law, the blood alcohol content for commercial truck drivers cannot exceed 0.04 percent. The blood alcohol concentration threshold for other drivers is 0.08. 

If a truck driver chooses to get behind the wheel while impaired by alcohol or other drugs, they can face criminal penalties and owe financial compensation to the victim through a civil claim. Contact our team to see how we can help you after a drunk-driving truck accident

Tailgating 

Commercial trucks must keep a safe distance from the vehicles in front of them to allow enough time to stop the truck and avoid road hazards. When truck drivers do not leave enough space between themselves and the car ahead of the truck, they are tailgating. The big rig can collide with the car or other vehicles if traffic suddenly comes to a stop. Truck tailgating can also cause jackknife, rollover, and side-impact accidents

Most Dangerous Intersections in the Hampton Roads Metro Area

Intersections are generally more dangerous than other roads because they involve traffic from different directions converging in the same place. Many Virginia intersections experience frequent vehicle accidents, making them more hazardous than other streets throughout the state. People driving in these areas should be extra cautious to avoid accidents and injuries. 

Dangerous intersections in Norfolk include: 

  • Northampton Boulevard and Wesleyan Drive 
  • East Little Creek Road and Chesapeake Boulevard 
  • Norview Avenue and Sewells Point Road 
  • Tidewater Drive and Lafayette Boulevard 
  • Colley Avenue and West 26th Street 
  • Brambleton Avenue and Park Avenue 
  • East Princess Anne Road and Tidewater Drive 

Virginia Beach’s most dangerous traffic intersections are: 

  • Kempsville Road and Indian River Road 
  • South Independence Road and I-264 Entry 
  • Lynnhaven Parkway and South Lynnhaven Road 
  • Virginia Beach Boulevard and First Colonial Road 
  • South Rosemont Road and Bonney Road 
  • Indian River Road and Providence Road 
  • Virginia Beach Boulevard and Independence Boulevard 

Chesapeake, Virginia, also has several dangerous intersections where traffic and accidents are common, including: 

Talk to a Chesapeake Truck Accident Attorney Today

All types of trucking accidents have devastating consequences for victims and their families. Those hurt in an accident often suffer catastrophic injuries that prevent them from working or enjoying their previous lifestyle. They may also require long-term medical care and treatment for mental and emotional suffering. 

If you were hurt in a Chesapeake truck crash, our experienced truck accident attorneys can help you claim the maximum value for your damages and hold the responsible party accountable for their negligence. Don’t let the insurance companies intimidate you into accepting blame or agreeing to an amount that doesn’t truly represent your losses. Contact Cooper Hurley Injury Lawyers to schedule a free case evaluation and see how we can help you fight for the compensation you deserve. 

 

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