Fatalities From Norfolk, VA Truck Accidents
Fatalities from Norfolk truck accidents are, unfortunately, relatively common. Because of the size and weight of commercial trucks, when they are in a collision, they can cause massive amounts of damage. If you lost a loved one in one of these wrecks, a compassionate attorney from Cooper Hurley Injury Lawyers can help.
Our skilled wrongful death lawyers have experience bringing claims against big trucking companies on behalf of families like yours. We can guide you through the process and help you get the justice you deserve for your loss.
Who Tends to Be Involved in Fatal Truck Wrecks?
Wrongful death cases caused by truck accidents in Norfolk tend to involve large trucks and much smaller vehicles. When smaller cars are in these collisions, the passengers in the smaller car are usually the ones who receive the worst injuries. Interestingly, many truck cases also involve another commercial truck. This is because these wrecks often happen on highways with high volumes of commercial traffic. When two tractor trailers collide, the damage can be catastrophic.
In a wrongful death case involving a truck, the claim is often brought against the individual trucker and their company. This is because the trucking company typically provides millions of dollars of insurance for its fleet of trucks. An experienced wrongful death attorney can help determine the appropriate defendants in a claim.
Differences Between These and Other Norfolk Fatality Claims
Bringing a claim against a corporate defendant is one of the main differences between truck accident fatality claims and other wrongful death cases. The lawyer handling the truck accident fatality case needs to be familiar with the different sets of issues and laws that apply when a truck driver operates a vehicle on behalf of a company. The primary law an attorney must understand is that, if the truck driver was driving the truck within the scope of their employment for the trucking company, then the trucking company itself is also liable for any mistake made by the truck driver. This is known as respondeat superior which merely means that an employer is responsible for the negligent driving of its employee.
The role of an insurance company is to defend the trucking company in these accident cases. They will typically have investigators at the scene of the collision almost immediately in the aftermath of a fatality. The level of expertise for commercial insurers is quite high and, because of that, knowing how to bring a compelling claim against is crucial. A highly qualified attorney with Cooper Hurley Injury Lawyers can be a guide throughout the process.
Damage Caps for Truck Accidents
In Norfolk, there is no damage cap for a truck accident fatality. The only cap that would ever be applicable in a Virginia truck wrongful death case would be the cap on punitive damages which are limited to $350,000.
However, most trucking cases do not involve punitive damages. The only way for punitive damages to apply is if the responsible party engaged in extreme reckless conduct, which is usually the truck driver being drunk or drugged at the time of the wreck. There are very few examples beyond that when the plaintiff would be entitled to punitive damages.
An Attorney Is Here for Families After Fatalities from Norfolk Truck Accidents
Claims for fatalities from Norfolk truck accidents are notoriously complex. Because truck drivers are often involved in accidents while driving for trucking companies, a claim may have to include both the driver and their employer as defendants. This is where a practiced wrongful death attorney can help. The lawyers at Cooper Hurley Injury Lawyers have experience litigating these difficult claims and can use that experience to help your family. Reach out to us today for the help you need.