Before you speak with anyone else about your case, consult one of our skilled attorneys who can evaluate your situation and represent your best interests. Here are just a few ways we can help.

Identify Liable Parties

One of the first steps is to determine the parties responsible for causing the commercial vehicle crash. A common myth about truck accident cases is only the trucker is liable. This isn’t always true. The driver may bear some responsibility, but other parties may also be at fault, such as: 

  • The fleet company
  • The truck owner
  • A third-party maintenance company
  • The cargo loading company or staff
  • A defective part manufacturer 

Here’s how there might be other areas of negligence. The trucking company may have been negligent in its training practices. Or, it may have overworked the operator by not providing enough breaks. Faulty parts and improper maintenance can cause truck accidents, too. Lawyers with specific knowledge about trucking practices and liability are better equipped to handle these types of civil cases. 

Send a Demand Letter

Gathering and analyzing evidence are integral parts of the crash investigation. In service of this goal, it’s important to safeguard evidence relevant to the case. Your lawyer may send a spoliation letter, also called a demand letter, to the trucking company. This helps prevent them from discarding or destroying vital evidence. 

Collect Evidence

To prove negligence after a truck crash in Virginia, you need to gather evidence to support your claim. Your truck accident attorney investigates the collision and builds up your case accordingly. Examples of evidence may include:

  • Photos and videos from the crash scene
  • Eyewitness statements
  • Insight from expert witnesses
  • Accident reconstruction models
  • Police reports
  • Relevant security camera footage
  • Black box data from the truck
  • Employment and training logs
  • Truck maintenance and repair logs 
  • Cell phone records
  • Medical reports
  • Other documentation

Establish Liability

Your Virginia attorney can paint a vivid picture of what happened with proper evidence. They clearly state how and why the commercial vehicle collision occurred, firmly establishing liable parties. Often, insurance companies may defend against claims by trying to place the blame on you or shift it to a third party. Your lawyer can fight against these defenses to show who was at fault for the accident and why you should be eligible for fair compensation. 

Calculate Damages

Some costs are easier to tabulate than others. If you have immediate medical bills, the figures on those statements are clear. Based on recent pay stubs, the same is true with current lost wages. However, the long-term damages and expenses can be much more substantial in cases involving big rigs, tankers, tractor-trailers, and other large commercial vehicles.

Neck and back injuries are common injuries in Virginia truck accidents. Traumatic brain injuries are frequent, too. These can impact future employment opportunities and create a litany of extensive medical expenses in the future. Victims should be compensated for emotional distress and chronic physical suffering. Your Richmond truck accident lawyer can help estimate the total value of your personal injury claim.

File a Claim or Lawsuit

Your attorney will walk you through the next step after the case is suitably investigated and assembled. This may involve filing an insurance claim or filing a lawsuit against liable parties. Generally, settling outside court is preferable as it’s less complex and time-consuming. Your attorney will speak on your behalf with insurers and other lawyers. 

Negotiate a Settlement

Communicating with the other side usually means negotiating for a fair settlement. The truck driver or other liable parties are motivated to pay as little as possible. Your legal team at The Mottley Law Firm advocates for the maximum you may be eligible to receive. If attorneys can reach an agreement, the case can be closed. Most trucking accident claims are settled out of court, sometimes through mediation. 

Go to Trial

If the parties cannot agree on a settlement, your lawyer may recommend taking the case to court. This is increasingly complex and risky, but they’ll advise you on the best options and explain the most likely outcomes. Depending on the results of the trial, your attorney may also file to appeal the decision in court. 

Experienced Richmond Legal Counsel at Every Stage

Collisions with commercial trucks in Virginia can be physically and financially devastating. The process of filing a claim and seeking fair compensation is often quite complicated to handle alone, especially as you’re trying to recover from injuries.

But you don’t have to face all of this by yourself. The talented and experienced lawyers at The Mottley Law Firm will be with you every step of the way. It’s only natural to have numerous questions for a truck accident attorney, so we invite you to start the partnership by arranging for a consultation about the nuances of your case and how to proceed. 

Kevin W. Mottley
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Richmond, VA trial lawyer dedicated to handling brain injuries, car accidents and other serious injury claims
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