Truck and Trucking Accidents
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Virginia Truck and Trucking Accidents
If you were injured in a truck accident in Virginia that was someone else's fault, you may be entitled to money to pay for:
- Past, present, and future medical bills for treatment related to your Virginia truck-accident injuries
- The cost of hiring someone to do household chores that you're unable to do because of your injury
- Permanent disability and disfigurement from the Virginia truck crash
- Emotional distress from the Virginia truck accident
- The repair or replacement of your motor vehicle and any property damaged or destroyed in the Virginia truck accident accident
- Lost wages for time off from work (including time spent going to medical appointments) as a result of your trucking accident
- Any other costs you've incurred because of the accident
If anyone was killed in the truck crash or if either driver was intoxicated, the Commonwealth of Virginia will prosecute the driver at fault and/or the intoxicated driver. However, you may still have to file a truck accident personal injury lawsuit in Virginia courts against the party responsible for the accident to recover money to pay for your injury-related expenses. The responsible party or parties may include the truck's driver, his or her employer, or even the truck or trailer manufacturer.
Whether you live in Chesapeake, Hampton, Suffolk, Centreville, or elsewhere in Virginia, your Virginia trucking accident attorney can advise you on your specific legal options and help you get the money to which you're entitled.
How Is Fault Determined in Virginia Truck Accident Cases?
To collect money stemming from a Virginia truck crash injury claim, Virginia law requires you to prove that the other driver was negligent. You must show:
- The party responsible for your injuries had a duty not to injure you and failed to live up to that duty
- There is a connection between the other party's responsibility and your injury
- You suffered damages, or a financial loss, as a result of the accident
Note that according to Virginia law, if you bear any responsibility for your accident, you cannot recover any money from the other party.
How Long Do You Have to File a Truck Crash Injury Claim in Virginia?
Virginia law gives you two years from the date of your Virginia truck accident to file a claim against the party responsible for the crash. (This time limit is known as the statute of limitations.)
If you and your Virginia truck accident lawyer are unable to negotiate a settlement with the responsible party (or the party's insurance company), you should consider filing a lawsuit before the statute of limitations runs out. If you do not file a lawsuit within two years, you will give up your right to sue the party responsible for your injuries.
Where Should You File a Virginia Trucking Accident Lawsuit?
For Virginia truck crash injury claims worth more than $4,500, you would file your lawsuit in the appropriate Virginia Circuit Court.
If your Virginia trucking accident claim is for less than $4,500, you would file your personal injury lawsuit in the Virginia General District Court that has jurisdiction.
Your Virginia trucking accident lawyer can tell you which specific court is the appropriate court to resolve your dispute.
Additional Virginia Truck Accident Resources
Lawyers.com trucking accidents information