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Commercial vehicle accidents are among the most dangerous on the road. The size and weight of a truck, combined with highway speeds, mean that anything they strike will likely suffer catastrophic damage, including the people inside. The costs of these accidents in medical bills and lost wages can be astronomical.
Unlike other accidents, where you are only dealing with the other driver, commercial accidents could involve the driver’s employer, the shipping company, several other companies, and their insurance agents. All of them have attorneys, and you should have one too. At Latham & Martin, our truck collision attorneys could guide you through the process of filing a Richmond truck accident claim and help you get the compensation you need.
State law entitles you to recover damages for your injuries if you were not responsible for your accident. There are two basic types of damages in an accident case.
Economic damages cover invoices, bills, and receipts. The calculations include medical bills and costs, lost wages, rehabilitation, and any future costs arising from the accident.
Non-economic damages cover the intangible but serious effects of an accident, with pain and suffering, emotional trauma, and loss of consortium all considered during a claim.
In some cases, courts may order punitive damages, such as if the other driver’s conduct was unusually heinous or unconscionable. The state caps these damages at $350,000.
When you file an insurance claim relating to a truck accident in Richmond, you must provide proof of your injuries and losses. To prove non-economic damages, you may need expert or witness testimony. For instance, to prove emotional trauma, a psychiatrist and family members may need to provide statements about how the accident has affected you.
Virginia follows a strict rule known as contributory negligence under Virginia Code § 8.01-34. Under this rule, if a plaintiff is even 1 percent responsible for their accident, they cannot recover any damages in the case. This harsh rule means that if the defendant truck driver can show you were in any way negligent, you recover nothing.
You need the services of a skillful Richmond attorney when filing your insurance claim for a truck accident. An attorney could explain what evidence you need to overcome the contributory negligence rule. They could also negotiate with the defendant before a trial is necessary to get the settlement you need.
If a commercial truck has caused your injuries, you need an experienced attorney to help you with filing a Richmond truck accident claim. At Latham & Martin, we have the experience and commitment needed to give you the edge you need to submit your insurance claim and get the compensation you need.
We could negotiate with the insurance companies on your behalf to obtain a fair and just settlement. If necessary, we could make the necessary preparations to take your case to court and ensure that you receive a fair hearing. Our attorneys are with you throughout the process. We could give you the information you need and answer your questions.
We work on a contingency fee basis, meaning you pay nothing until we settle or win your case. Call us today to arrange a free and confidential case evaluation.