Our Virginia Personal Injury Attorneys Have the Answers You Seek

If you were injured in a truck collision caused by a negligent truck driver in Norfolk or Virginia Beach, it is never a good idea to accept cash at the crash scene. You are almost certainly entitled to more compensation for your injuries under Virginia law than the trucker is offering you.

If you accept the cash, you could waive your right to file a claim with their insurance company. You should not accept any settlement until you retain an experienced truck accident lawyer. Here is what you should do if you find yourself in this situation to protect your rights.

Why the Truck Driver Could Be Offering You Cash

Understanding the trucker’s motivations for offering you cash can help you see why accepting the offer is such a bad idea. Possible reasons the driver may offer you money include the following:

• Have a bad driving record and do not want another traffic citation added to their record.
• Do not want to report the accident to the trucking company or their insurance company because it could jeopardize their job and cause insurance rates to increase.
• May be trying to pay you substantially less money to settle your claim.
• May not want to contact the police if a warrant is out for their arrest or other criminal cases are pending.
• Could be intoxicated due to drug or alcohol use and are afraid they will be arrested for DUI. They could lose their commercial license and ability to work if this happens.

What to Do if the Trucker Tries to Pay You at the Crash Scene

You need to take several steps to protect your rights if the truck driver pressures you to accept their offer of money. Important steps to take immediately include:

• Say no. Politely refuse to accept the cash.
• Call the police. Contact the police at the collision scene and obtain a copy of the police report. It could contain helpful information that will assist you in proving the trucker’s negligence caused your wreck.
• Get prompt medical care. Obtain medical care within 72 hours—even if you do not think you were hurt. This protects your health and avoids disputes with the insurance company.
• Obtain contact information. Get the contact information for the trucker, trucking company, insurance company, and any witnesses to the collision.
• Take photos. Use your cellphone camera to take pictures of the damage to the truck and your auto, the crash scene, your injuries, and anything else helpful to your case.
• Retain a lawyer. You should hire a knowledgeable truck accident attorney immediately. They can collect the evidence you need to win your case and go up against the insurance company for all the compensation you deserve.

You could suffer life-altering injuries in a Norfolk or Virginia Beach truck accident. If you have to file a claim with the insurance company for the truck driver, you need to know the amount of insurance they must carry. However, the rules are different for trucks traveling in our state and those traveling across state lines.

How Much Insurance Coverage Must a Trucker in Virginia Have?

Truck drivers must carry a certain amount of liability insurance coverage under Virginia and federal law. Here are the amounts they are required to have intrastate under Virginia Code §46.2143-1:

• For a truck having a gross weight over 7,500 pounds, the trucker must carry at least $300,000 in liability insurance.
• If the truck has a gross weight in excess of 10,000 pounds, the truck driver must have a minimum of $750,000 in liability coverage.

If a trucker drives interstate, they must comply with Federal Motor Carrier Safety Administration (FMCSA) rules regarding how much insurance coverage is required. The minimum insurance coverage they must carry is:

• They must have at least $300,000 in liability coverage if the truck’s weight is less than 10,000 pounds or $750,000 in liability coverage if the truck’s gross weight is more than 10,000 pounds when they are transporting nonhazardous materials.
• If carrying hazardous materials, they must carry at least $5,000,000 in insurance coverage.

Why Do You Need to Know How Much Insurance Coverage the Truck Driver Has?

It is always crucial to know how much insurance coverage the truck driver and any other liable parties, such as the trucking company, shipper, and trailer owner, have so that you know how much money there is to compensate you for your injuries. You should never settle your claim until you find out how much insurance coverage there is and consult with a skilled truck accident lawyer about the settlement offer.

Were you or a family member injured in a truck crash that was not your fault in Virginia Beach or Norfolk? Our experienced truck accident attorneys can collect the evidence you need to win your case, find out the insurance coverages for all liable parties, and fight so that you obtain the compensation you are entitled to under Virginia law. Call our Norfolk office at 757-625-1214 or complete our online form to schedule your free initial consultation today to learn more about how we can assist you.

The trucking company and trucker would be responsible for paying you compensation for your medical bills if their negligence caused your truck collision in Norfolk or Virginia Beach. However, it could be months, a year, or longer before you settle your claim with the insurance company.

Your medical care providers may place a medical lien on your settlement when providing you with the medical care you need while you wait for your settlement. You need to know what a medical lien is and how to deal with them in your case.

What Is a Medical Lien?

In Virginia, you are responsible for paying your medical bills while negotiating your settlement with the insurance company. However, if you are like most truck accident victims, you do not have the financial resources to pay these expensive medical expenses.

Health care providers may agree to treat your injuries and wait to receive their payment until you settle your case if you allow them to place a medical lien on your settlement. The lien would enable them to be paid what they are owed when you receive the settlement check from the insurance company.

The general rule is that health care providers are not entitled to claim a lien against a truck crash settlement in Virginia. However, many exceptions based on federal laws permit a provider to assert a lien.

In addition, a health care provider can enter into a written agreement with you to allow them to assert a lien in your case. You most likely cannot avoid agreeing to this to obtain the medical treatment you need for your injuries. Health care providers who may claim a lien on your settlement include:

• Ambulance services
• Hospitals
• Doctors
• Physical therapists

Will the Medical Care Provider Negotiate Their Medical Lien?

Yes, your health care providers may be willing to negotiate a settlement of your medical liens. However, you would be at a serious disadvantage if you tried to work out an agreement on your own.

You should retain a knowledgeable truck accident lawyer to negotiate your settlement with the insurance company and the payment of medical liens. A lawyer is likelier to get medical care providers to accept a reduced price. This can save you substantial money and allow you to keep more of your settlement proceeds.

Were you hurt in a truck crash that was not your fault in Virginia Beach or Norfolk? Do you need help negotiating a settlement of medical liens with your health care providers? Our experienced truck accident lawyers are here to help. Call our Norfolk office at 757-625-1214 or fill out our convenient online form to schedule a free initial consultation today.

Related Links: How a Truck Accident Settlement Works Unique Truck Accident Evidence You Need to Preserve How to Handle a Call From the Insurance Adjuster

 

Telling you that you should not retain an experienced truck accident lawyer to settle your claim is a common tactic insurance companies employ in truck collision cases. If the insurance adjuster informs you that you do not need an attorney, they are not doing it to help you. Here are the real reasons they do not want you to hire a lawyer.

#1: A Lawyer Knows the Law

A skilled truck accident attorney knows the Virginia laws and federal regulations governing truck drivers and trucking companies that apply to your case. They will not accept the insurance company’s misrepresentations about the laws that apply to your case, which they may make to deny your claim or pay you less compensation than you deserve. They will use their knowledge to protect your rights and win your case.

#2: An Attorney Knows How to Value Your Claim

Another reason the insurance adjuster does not want you to hire a lawyer is that they want to try to convince you that their lowball settlement offer is a fair one. However, a lawyer will know the value of your claim and go up against the insurance company so that you receive the maximum recovery under Virginia law.

#3: A Lawyer Can Prove Your Case

You will need to establish that the trucker and trucking company’s negligence caused your truck crash, the seriousness of your injuries, and the amount of compensation you are entitled to to be compensated for your injuries. An attorney can collect the evidence you need to prove your case. They will also have strategies to defeat the insurance company’s arguments about why they are not liable to pay you, which you would be unable to do if you try to settle your claim on your own.

#4: An Attorney Is on Your Side

The insurance adjuster knows that you may be vulnerable if you are injured and struggling to pay your medical bills and daily expenses when you are off work with no income. They would take advantage of your vulnerabilities and try to convince you to accept a settlement of far less than you deserve.

If you retain a lawyer, they will be on your side and would be looking out for your best interests. You are much more likely to receive a higher settlement if you are represented by a lawyer—which is why the insurance company does not want you to hire one.

#5: A Lawyer Can Litigate Your Claim

If the insurance company refuses to offer you a fair settlement or the statute of limitations, which is the deadline to sue, will expire soon, you will need to file a lawsuit against the trucking company and truck driver. An attorney licensed in Virginia can file the complaint and litigate your case for you.

Were you injured in a truck collision in the Virginia Beach or Norfolk areas? Call our Norfolk office at 757.625.1214 or fill out our convenient online form to schedule a free initial consultation to learn how our dedicated truck accident lawyers can assist you.

Related Links: How a Truck Accident Settlement Works Unique Truck Accident Evidence You Need to Preserve How to Handle a Call From the Insurance Adjuster

 

You can suffer long-term injuries, such as a traumatic brain injury or another head injury, spinal injury, amputation, or back injury in a truck accident in Virginia. You can feel even more distressed if you contact your doctor and find out they do not want to treat your injuries. Here are the reasons your primary care physician may not see you and how to obtain the medical care you need.

Reasons Your Doctor May Not Treat You

It is not uncommon for primary care physicians to refuse to treat injuries caused by a truck accident. Common reasons your doctor may not want to see you include:

• Insurance company. Your doctor may not want to get involved in billing one or more truck insurance companies for payment of their bills. It can be complicated and time-consuming to deal with these insurance companies for payments than a health insurance company.
• Litigation. Your physician may not want to be an expert witness in your case, have to give a deposition, or testify in court if your claim has to be litigated.
• Complicated injuries. Primary care doctors are trained to treat common medical conditions or minor injuries. Your doctor may not have the expertise to treat the severe injuries you could suffer due to the truck collision.

How to Obtain the Medical Care You Need After a Truck Accident

If your doctor refuses to treat you, you will need to find another physician to treat your injuries. Here are some options for getting the medical care you need:

• Get a referral. Your primary care physician may be willing to refer you to a specialist who has experience treating your injuries. Before you schedule an appointment, be sure the specialist accepts truck accident victims.
• Find a doctor. You can also find another physician who treats accident victims’ injuries like yours. They will know what treatments will help you recover and will be able to document the seriousness of your injuries and the medical care you need to help you prove your right to compensation for your injuries.
• Retain a lawyer. Another good option is to hire a knowledgeable truck accident attorney immediately. They will most likely know qualified physicians who accept truck collision victims and who could be an expert witness in your case.

Were you injured in a truck crash that was not your fault in the Virginia Beach or Norfolk areas? Is your doctor refusing to treat your injuries? Our experienced truck accident lawyers are here to help. Call our Norfolk office at 877-960-3441 or fill out our convenient online form to schedule a free initial consultation to learn about your rights and how we can assist you.

Related Links: How Long Will It Take to Settle My Truck Accident Claim? Why Maximum Medical Improvement Matters in Truck Crash Cases Reasons to See a Doctor Right After Your Truck Crash

 

In Virginia, you are still entitled to compensation for your injuries caused in a commercial truck collision, even if you cannot remember how the crash occurred. You can use other evidence to prove that the truck driver’s negligence was the cause of the accident.

Reasons for Memory Loss After a Truck Crash

There are several reasons victims do not remember how their truck accident happened. The emotional trauma of being in a terrifying truck collision can cause a person’s brain to shut down to avoid dealing with the memories of what happened—especially if someone suffered catastrophic injuries or was killed.

Victims also might not remember their truck accident if they suffer a traumatic brain injury (TBI). A common symptom of a TBI is memory loss. Even a concussion can prevent a person from remembering how the truck collision occurred.

Types of Evidence to Collect if You Cannot Remember the Truck Accident

You can collect other evidence to prove how your truck crash occurred and that the truck driver was the negligent party. Types of evidence that can help you include:

• Police report. A police report can provide valuable information, such as the details of how the accident occurred, the truck driver and witness statements, the officer’s conclusions as to who was at fault, and whether any traffic citations were issued.
• Eyewitness statements. Eyewitnesses can give a written statement and testify in court if necessary about how the trucker caused your crash. Third-party witnesses who have no stake in the outcome of your case can be especially persuasive witnesses.
• Photos. Photos of the damage to the truck and your vehicle can help a knowledgeable truck accident attorney or an accident reconstruction expert determine the cause of your wreck.
• Black box data. The truck’s black box data can contain helpful information, such as the truck’s speed, braking, and steering.
• Surveillance video. A traffic camera or business surveillance camera may have recorded your collision. You need to obtain the footage as soon as possible before it is destroyed or taped over.
• Accident reconstruction expert. An accident reconstruction expert can review all the evidence and determine the cause of the crash. They may also be able to create a computer-generated reenactment of the collision to show to the jury.

Were you injured in a truck crash caused by a negligent truck driver in the Virginia Beach or Norfolk areas? Our experienced truck accident lawyers are here to collect the evidence you need to win your case and fight for your right to damages for your injuries—even if you do not remember how your crash occurred. Schedule a free consultation to learn more about your options and how we can assist you by calling our Norfolk office at 757-265-1214 or filling out our convenient online form.

Related Links: How Long Will It Take to Settle My Truck Accident Claim? How a Truck Accident Settlement Works Reasons Your Truck Accident Claim Could Be Denied

 

No, if at all possible, you should avoid speaking to the insurance company for the negligent trucker and trucking company. Your best strategy would be to let an experienced truck accident lawyer take over all communications with the insurance company if you want to receive the compensation you deserve for your injuries. Here is how talking to the insurance company on your own could hurt your case.

What Are the Dangers of Speaking to the Insurance Company?

If you were not at fault in causing your truck accident, you may expect the insurance company to treat you fairly and pay you all the damages you are entitled to under Virginia law. Unfortunately, they may not be looking out for your best interests. They will try to save money by denying your claim or paying you less damages in your settlement. Here are the dangers of talking to them on your own:

• Your statements. Even if you are careful and know that the insurance adjuster is not your friend, you could say something that could be misconstrued as an admission of fault in causing your truck crash.
• Recorded statement. The insurance company will try to convince you to give a recorded statement, which is a question and answer session that is transcribed into a written document. The insurance adjuster is trained to ask confusing questions designed to get you to make damaging statements they can use against you.
• Medical release. The insurance company may also attempt to get you to sign their medical release. Their form is often a blanket authorization to obtain all of your medical records. The insurance adjuster would search your records for another incident or injury they could claim caused your current injuries. Do not sign any documents until an attorney reviews them for you.
• Quick settlement. If the insurance company knows that you suffered serious injuries, they could offer you a quick settlement of your claim. However, it is most likely an offer for far less compensation than you are entitled to. You should not accept any settlement without consulting with a lawyer to ensure the settlement is fair.

What Should You Do if the Insurance Company Contacts You?

It is not uncommon for an insurance company to call a truck accident victim within a few days of the collision. If the insurance adjuster contacts you, you should politely refuse to discuss the collision or your injuries with them. Get their contact information and your claim number. Then inform them that you will have your attorney contact them.

Were you or a family member injured in a truck crash in Virginia Beach or Norfolk? Call our Norfolk office at 877-960-3441 or fill out our convenient online form to schedule a free initial consultation to learn how our dedicated truck accident lawyers can assist you.

Related Links: How Long Will it Take to Settle My Truck Accident Claim? How a Truck Accident Settlement Works Reasons Your Truck Accident Claim Could Be Denied

 

You could suffer devastating injuries in a truck accident caused by a negligent trucker. However, you may be worried about your right to file a claim with the truck driver’s and trucking company’s insurance company if you are uninsured. Fortunately, you still have a right to compensation for your injuries from them, whether or not you are insured.

What Are Your Options for Recovering Compensation?

Virginia is a fault state. This means that you must prove that the truck driver and trucking company were negligent in causing your truck collision to have a right to damages from them. Assuming that you can prove this, the fact that you did not have auto insurance at the time of your crash should not impact your right to seek the compensation you deserve. You have two ways to accomplish this:

• File a claim. Your first step would be to file a claim with their insurance company and negotiate a settlement with them. It is best to hire a skilled truck accident lawyer to file your claim and negotiate your settlement so you are not taken advantage of by the insurance adjuster and receive all the compensation you deserve under Virginia law.
• File a lawsuit. If the insurance company refuses to offer you a fair settlement or the statute of limitations to file your lawsuit will expire soon, you will need to file a civil complaint and litigate your claim. You will need an attorney licensed to practice law in Virginia to file your lawsuit for you.

If you had insurance, you might be able to file a claim with your own insurance company under collision, uninsured, or underinsured coverage if you did not receive a full recovery from the insurance company for the trucker and trucking company. Unfortunately, this would not be an option if you were uninsured.

Were you injured in a truck crash that was not your fault in the Virginia Beach or Norfolk areas? Was your car uninsured? Our experienced truck accident lawyers are here to collect the evidence you need to win your case and fight for your right to damages for your injuries. Schedule a free consultation to learn more about how we can assist you by calling our Norfolk office at 877-960-3441 or filling out our convenient online form.

Related Links: How Long Will It Take to Settle My Truck Accident Claim? How a Truck Accident Settlement Works Reasons Your Truck Accident Claim Could Be Denied

In order to obtain all the compensation you deserve for your injuries in a truck collision caused by a negligent truck driver, you should retain a lawyer as soon as possible after your crash. Many experienced truck accident attorneys offer a free initial consultation. Here is how you should prepare for your appointment and what you can expect to happen at it.

How to Prepare for Your Initial Appointment and What You Can Expect

An initial consultation would be your first meeting with a lawyer. There are a number of goals to accomplish at your appointment.

What Is the Purpose of an Initial Consultation?

• Determine if you have a claim against the negligent trucker and trucking company
• Get your questions answered
• Find out if the attorney has extensive experience handling truck collisions cases and whether they are the right lawyer for you
• How much they charge for their services

You should schedule a free initial case evaluation with the top two or three lawyers you are considering hiring. Your first appointment will typically be for 30 minutes to an hour. The time will go fast, so it is important to come to your meeting as prepared as possible.

How to Prepare for the First Appointment

• Collect the documents, such as the police report, your auto insurance policy, and medical bills. You should also collect photos of the crash scene and the truck driver, trucking company, and witness contact information.
• Prepare a list of questions to ask the attorney about their experience settling and litigating truck accident cases and what you can expect them to do for you if you retain them.

If you have never filed a personal injury claim before, you probably do not know what will happen at your initial free consultation.

What You Should Expect at Your Free Initial Meeting

• Details of your crash. The lawyer will want you to explain the details of how your truck wreck occurred and will briefly review the documents you bring to your appointment.
• Advice on your claim. Once the attorney obtains information about your truck crash, they will give you general advice on whether you have a claim and what you can expect to happen after you file it.
• Explanation of attorney fees. The lawyer should also explain how they would charge their attorney fees and costs if you decide to retain them. At Tavss Fletcher, we handle truck accident claims on a contingency fee basis, which means that you would not owe us any attorney fees until we settle your case.
• Interview of the lawyer. At the beginning of your appointment, you should tell the attorney that you have prepared questions for them to answer. It is important that you interview them because this will help you determine if you can trust them to look out for your best interests if you hire them.

Do you need to file an insurance claim for injuries you suffered in a truck accident in the Virginia Beach or Norfolk area? Fill out our online form or call our Norfolk office at 877-960-3441 to schedule a free initial consultation today to learn about our track record of success helping other truck collision victims and how we can assist you.

Related Links: How to Help Your Attorney Win Your Truck Accident Claim Why You Need a Truck Accident Lawyer Soon After Your Crash Tips on Finding an Experienced Truck Accident Attorney

 

Once you finally settle your truck accident claim with the insurance company, you will need to go through a number of steps before you receive your settlement check. One requirement will be to sign a Release of All Claims Form.

You should not sign the insurance company’s release or any other document without first consulting with a skilled truck accident lawyer. In addition, it is important that you understand the key provisions that you will be agreeing to before you sign it.

What Is a Release of All Claims Form?

A release is a legal document that states the terms of your settlement with the truck driver’s or trucking company’s insurance company. It is a legally binding agreement. The release would relieve the insurance company from further liability in exchange for their payment to you.

Provisions Contained in a Release Form

There are a number of provisions that are typically in a release. It is important to understand what they are since they affect your right to compensation for your injuries caused in the truck collision. Your release should contain this information:

• Details of how your crash occurred
• Identification of all the parties to your settlement
• Your claims for compensation, such as for your medical expenses, lost wages, pain and suffering, and property damages
• Amount of your payment and how it will be paid
• Law that governs your agreement

Additional Provisions in a Release That Give Up Important Rights in Exchange for a Settlement

• Obligation to pay. By signing the release, you are agreeing that this is a final settlement of your claim and that you are waiving your right to receive future payments for your injuries. This means that you cannot pursue a new claim if you later discover that your injuries are more serious than you thought.
• Right to sue. You would also be waiving your right to file a lawsuit against the negligent truck driver, trucking company, and their insurance company.
• No admission of fault. The agreement will provide that no party is admitting fault for causing your truck accident. You are waiving your right to claim that the trucker’s and trucking company’s negligence was the cause of your injuries.

If you suffered injuries in a truck collision that was not your fault, our experienced truck accident lawyers are here to fight for the compensation you deserve for your injuries. Call our Norfolk office at 877-960-3441 or fill out our online form to schedule your free, no-obligation consultation today to learn more about how we can help you.

Related Link: How a Truck Accident Claim Works Types of Compensation Awarded in Truck Accident Cases Why Not to Accept a Quick Settlement of Your Truck Crash Claim

 

If a negligent trucker caused your truck crash, they are responsible for fully compensating you for your injuries. You may not see the need to contact your own insurance company since you would not be filing a claim with them. In addition, you might be worried that your insurance premiums could go up.

However, it would be a big mistake not to notify them of your truck collision. Here are some reasons it could hurt your case and result in you receiving less compensation than you deserve for your injuries.

#1: You Are Required to Notify Your Insurance Company

When you purchased auto insurance coverage, you entered into a contract with your insurance company. One of the requirements in your policy is that you notify the insurance company of any accidents within a certain time period. If you fail to comply with this requirement, the insurance company may deny a claim you later decide you need to file.

#2: You Are Not Filing a Claim

When you contact your own insurance company to inform them of your truck crash, you are not filing a claim. You are simply letting them know about the collision and are protecting your rights under your insurance contract with them.

#3: They Can Help You With Repairs to Your Vehicle

It could take you a long time to settle your property damage claim with the negligent trucker’s insurance company. However, you need your car repaired quickly so you can drive it.

If you purchased collision coverage, it may make more sense for you to file a claim with your own insurance company. They will help you to obtain immediate repairs to your vehicle.

#4: You May Need to File a Claim With Your Insurance Company

Even though the truck driver is fully responsible for compensating you, this does not mean that you will receive all the damages you deserve from them. Here are a few reasons you may need to file a claim with your own insurance company:

• If the trucker had no insurance, you would need to file a claim under your own uninsured motorist coverage.
• If the truck driver had insufficient coverage to fully compensate you for your injuries, you could file a claim under your underinsured motorist, MedPay, and collision coverage, depending on the coverages you purchased.

Were you or a family member injured in a truck accident? Even if you are filing a claim with your own insurance company, you need the help of an experienced truck accident lawyer. They will file your claim for you and negotiate your settlement with the insurance company so that you receive the maximum recovery you are entitled to. Fill out our convenient online form to schedule your free consultation to learn about your options and how we can assist you.

Related Links: Five Reasons Truck Accident Claims Are Complicated How to Handle a Call From the Insurance Company How a Truck Accident Claim Works

 

If you were injured in a truck crash, you must prove that the truck driver’s negligence caused it in order to receive the compensation you deserve from the insurance company. However, it can be more complicated to determine why your truck wreck happened than if you were involved in a car accident. Conducting a thorough investigation is essential if you want to win your case.

How Will a Truck Investigation Help Prove How a Truck Crash Occurred?

You may not know the cause of your truck accident right after it happened. There could have been many contributing negligent actions of the truck driver, trucking company, shipper, and others that caused it. You will need to conduct a thorough investigation and collect evidence to prove your case.

Because truck accident claims are so complex, you should not try to conduct an investigation on your own. It is best to retain an experienced truck accident lawyer right away. Here are some of the ways a lawyer can help determine why your truck collision happened:

• Obtain a police report. Your attorney will review the police report because it can contain helpful information, such as the officer’s conclusions as to the cause of the crash, who was at fault, and whether any traffic citations were issued. However, a knowledgeable lawyer will know this is only one step in the investigation.
• Investigate the collision scene. Your lawyer will review any pictures or videos taken at the accident scene and interview witnesses and obtain their statements. They may also want to look at the crash scene if it appears that the trucker’s negligent driving or a road condition caused your accident.
• Send spoliation letter. Even if the trucker was speeding, engaged in distracted driving, or driving unsafely in another way, lack of truck maintenance, violations of hours of service regulations, or other violations of federal regulations could have contributed to the crash. Your lawyer will send the trucking company a spoliation letter notifying them of your claim and not to destroy or modify documents that could help prove how the trucker’s and trucking company’s negligence caused your wreck.
• Check for hours of service violations. Under federal hours of service rules, a truck driver is only allowed to drive for a certain number of hours before taking a break. Your lawyer will need to examine the log book, receipts for gas and food, and other documents to determine if these regulations were violated.
• Review trucker’s personnel file. Your lawyer would obtain a copy of the trucker’s personnel file from the trucking company. They would review it to determine if the driver was licensed to drive a truck, had medical conditions that affected their driving, or had a drug or alcohol problem. They would also inspect their driving record.
• Trucking company records. The trucking company is also required to conduct a background check of truckers, properly maintain the truck, and test drivers for drugs and alcohol use. A lawyer would review the trucking company records to determine if the trucking company’s negligence also caused your truck collision.

Were you injured in a truck accident in Virginia Beach or Norfolk? Do you believe the trucker’s negligence caused it? Call our Norfolk office or fill out our online form to schedule a free case evaluation to learn how can investigate your claim and fight with the insurance company so that they fully compensate you in your settlement.

Related Links: How a Police Report Can Help in a Truck Accident Case Types of Compensation Awarded in Truck Accident Cases Five Reasons Truck Accident Claims Are Complicated

 

You are entitled to compensation if you were injured in a truck accident caused by a negligent trucker. However, even if you have a strong case, the insurance company for the truck driver and trucking company could deny your claim. Fortunately, you have options to protect your right to damages for your injuries.

Why the Insurance Company May Deny Your Claim

There are many reasons why an insurance company could deny your claim. Some are legitimate reasons, while others are just excuses to try not to pay you. Here are some top reasons:

• Liability disputes. The insurance company could claim that you were partially or completely at fault in causing the truck accident or that another incident caused your injuries. They may raise these issues, even if they are not valid, in order to deny your claim or try to pay you less money in your settlement. This is the most common reason that victims’ claims are denied.
• Policy exclusions. The insurance policy will have a number of exclusions of coverage. The insurance adjuster could claim that the trucker’s or trucking company’s actions fell within one of these exclusions and that the truck crash is not covered under their policy.
• Lapsed coverage. If the trucker or trucking company did not pay their insurance premiums on time, the policy would have lapsed and not been in effect at the time of your truck collision.
• Failure to notify. The insurance policy would have a provision that the company must be notified of your claim within a certain amount of time after the accident. If you, the trucking company, or the truck driver delayed notifying them of your claim, this could be a basis to deny liability to pay you.

Steps to Take If Your Claim Is Denied

You should not give up on obtaining the compensation you deserve if your claim is denied. The insurance company should send you a written notice of the denial that states why they are denying your claim. You should read the letter carefully. Then you should take these steps:

• Hire a lawyer. If you have not already done so, you need to retain an experienced truck accident attorney as soon as possible to fight the denial of your claim.
• Submit evidence. Your lawyer will conduct an investigation into the cause of your truck collision and into the issues raised by the insurance company to deny your claim. They will collect additional evidence to submit to the insurance company and may hire expert witnesses to help resolve any disputes so that your claim can be settled.
• File a lawsuit. If the insurance company will not reverse its decision to deny your claim or refuses to offer you a fair settlement, your attorney will need to file a lawsuit and litigate your claim. You will most likely settle your case at some point in the litigation process.

Do you need to file a claim following a truck accident? Did the insurance company deny your claim? Our dedicated truck accident lawyers will go up against the insurance company so that you obtain justice and the compensation you are entitled to under Virginia law. Fill out our online form to schedule a free case evaluation to learn more about your options and how we can help you.

Related Links: How Long Will it Take to Settle My Truck Accident Claim? How a Truck Accident Settlement Works Reasons Your Truck Accident Claim Could Be Denied

 

If a trucker caused your truck accident, you may be entitled to compensation for your injuries from the trucker and trucking company. However, the insurance company will most likely not offer you all the damages you deserve when you file your claim. Here is what you need to know about your options if you are not happy with their offer.

Can You Reject a Settlement Offer?

Yes, you have the right not to accept an offer to settle your claim if you do not believe it fairly compensates you for your injuries. It is very likely that the insurance company’s initial offer will be a low-ball offer to try to get you to accept a quick settlement of your claim for far less money than you are entitled to under Virginia law. They may make other offers that also do not sufficiently compensate you. You have the right to reject these offers too.

What Happens After You Reject a Settlement Offer?

You should never accept a settlement offer from the insurance company or sign a legal document without first consulting with an experienced truck accident attorney. A lawyer can advise you on your rights and the reasonableness of the insurance adjuster’s offer. If it is in your best interests to reject the offer, they can notify the insurance company of this. Here’s what else you can expect to happen:

• Counteroffer. Your lawyer will put together a written counteroffer when rejecting the insurance adjuster’s offer. They will include a detailed explanation of the insurance company’s liability to pay you, the seriousness of your injuries, and how much compensation you are seeking. They may go through several rounds of negotiations, offers, and counteroffers before your claim is settled.
• Collection of evidence. If the insurance company raises legitimate disputes about your claim, your lawyer may need to collect additional evidence or hire expert witnesses to help resolve these issues.
• Litigation. If the insurance company refuses to be reasonable or the deadline to sue, referred to as the statute of limitations, will expire soon, your attorney will file a civil lawsuit on your behalf. It is likely that settlement negotiations will result in a settlement at some point in the litigation process.

Were you or a family member injured in a truck accident caused by a negligent truck driver? Call our Norfolk office or fill out our online form to schedule your free consultation to learn about your options and how we can help you obtain the compensation you deserve for your injuries.

Related Links: How Long Will it Take to Settle My Truck Accident Claim? How a Truck Accident Settlement Works Why Not to Accept a First Truck Crash Settlement Offer

 

You may be entitled to compensation if you were injured in a truck accident caused by a negligent truck driver. If you suffered a long-term injury, you could be entitled to future compensation as well as past damages for the losses you already incurred. Here’s what you need to know about the types of compensation you should receive in your settlement and how to prove your right to recover this type of damages.

What Future Compensation Can You Recover?

You can only obtain future damages if you suffered an injury that you have not recovered from at the time of your settlement or you suffered a life-altering injury that you will never fully recover from. Types of future compensation you can seek include:

• Medical expenses. You should obtain compensation for all of the future medical treatments you will need to treat your injuries. This can include hospitalizations, surgeries, medications, doctor visits, diagnostic tests, medical equipment, and modifications to your home.
• Lost wages and lost earning capacity. If you will miss work in the future, you should recover your lost wages, lost sick and vacation time, and other lost perks of your job. If your injuries are serious enough, you may need to find a new job or become permanently disabled. In these situations, you could be entitled to your lost earning capacity for the rest of your working life.
• Pain and suffering. You can also seek future compensation for the pain and suffering you will endure due to your injuries and coping with all the limitations in your abilities to take care of yourself and your reduced quality of life.

How to Calculate Your Future Compensation

It can be complicated to determine how much future compensation you should recover in your settlement. You will need the help of a knowledgeable lawyer to calculate the value of this portion of your claim. They will most likely want to wait until you reach your maximum medical recovery, which is the stage in your medical treatment where you have recovered as much as you can, and your doctor can give you a final prognosis.

Your attorney may need to hire expert witnesses to help them calculate your future compensation. Experts that may be helpful include medical, economic, and mental health experts.

Do you need to file an insurance claim for the injuries you suffered in a truck collision in Virginia Beach or Norfolk? Our compassionate and dedicated truck accident lawyers are here to fight for all the past and future compensation you deserve. Fill out our convenient online form to schedule your free initial consultation to learn more about how we can assist you.

Related Links: How Long Will it Take to Settle My Truck Accident Claim? How a Truck Accident Settlement Works Five Reasons Truck Accident Claims Are Complicated

 

If you were the driver of an auto and were involved in a truck crash, you are required to report it in some circumstances in Virginia. In addition, reporting your truck wreck to the police strengthens your claim for compensation against the negligent trucker and trucking company and could make settling your claim with their insurance company easier.

When Must You Report a Truck Accident in Virginia?

Under Virginia Code §46.2-894, you are required to report a truck collision to the State Police or a local law enforcement agency immediately in either of these situations:

• An individual was injured or killed.
• A vehicle or other property was damaged.

In addition, you are required to report your name, address, driver’s license number, and vehicle registration number to the police and the injured person if they are capable of retaining the information. You must also attempt to render aid to any injured victim of the collision. If you are too injured to report the crash right away, you must do so as soon as you are able to do so.

Since most truck accidents result in the much smaller auto being damaged and often involve victims suffering injuries or death, there is almost always a requirement to report a truck crash. If you fail to do so, you could be charged with a Class 1 misdemeanor or Class 5 felony.

How Reporting a Truck Crash Strengthens Your Claim for Compensation

Calling the police right after your truck accident will also strengthen your claim for compensation with the insurance company. The police will conduct an investigation and write a police report that could contain helpful information, such as:

• Date, time and place of the wreck
• Details of how the collision occurred
• Statements of the trucker, passengers, and witnesses
• Officer’s conclusions as to who caused the accident
• Any traffic citations issued

When you file your claim, you should obtain a copy of the police report and provide it to the insurance adjuster. The report will help you avoid disputes with them over whether or not the crash actually occurred. They could raise this argument if the police were not contacted in an effort to deny your claim.

In addition, if the officer concluded that the trucker’s negligence was the cause of your accident, this may help you convince the insurance company of their liability to pay you. However, they could still try to use other reasons, such as disputing the seriousness of your injuries, to try to pay you less money than you deserve.

How a Truck Accident Attorney Can Help You

If you suffered injuries in a truck accident in Virginia Beach or Norfolk, our experienced truck accident legal team can hold the trucker, trucking company, and their insurance company accountable for compensating you for your injuries. We understand the complexities in these cases and have decades of experience helping truck crash victims obtain the justice and damages they deserve. To learn how we can assist you, fill out our online form to schedule a free consultation today.

Related Links: Statute of Limitation to File Your Truck Crash Lawsuit How to Deal With a Call From the Insurance Company How a Truck Accident Settlement Works

 

If you were injured in a truck accident while in Virginia on vacation, for business, or while visiting friends or family, you may be entitled to compensation for your injuries under Virginia law. You are much more likely to be fully compensated if you hire a lawyer to negotiate your settlement with the insurance company for the negligent trucker and trucking company.

However, you need to decide whether to retain an attorney in your home state or Virginia. Here’s why it would be best to select an attorney in the state where your collision occurred.

Five Reasons to Select a Lawyer in Virginia

There is no law in Virginia that would prohibit a lawyer in your home state from filing your claim and negotiating your settlement. While it may feel more convenient to have your attorney nearby, it really is not the best option. Here are reasons you need an experienced truck accident lawyer who practices where your truck collision occurred:

• Investigation of your collision. A local attorney will be able to conduct a more thorough investigation into the cause of your truck crash and can visit the scene of the wreck if they believe this would be helpful.
• Experts. You may need to hire expert witnesses to help resolve complicated disputes with the insurance company. A local lawyer would have a network of qualified experts who could help you and who would be able to testify in court if this becomes necessary.
• Understanding of law and court rules. A local attorney will have a better understanding of Virginia negligence laws that apply to your case. They will also know the court rules and procedures that must be followed if you must file a lawsuit.
• License to practice law. An attorney must be licensed to practice law in the Commonwealth of Virginia in order to file a lawsuit on your behalf. Even if you live in a nearby state and your lawyer is allowed to litigate cases here, they would not be as familiar with local court rules and procedures as an in-state attorney. In addition, they would not have the same relationship with court personnel and local lawyers representing the defendants that could make your case go more smoothly.
• Consistency of representation. It is always better to have the same attorney who filed your insurance claim represent you if you must take your case to court. They will start developing their litigation strategy while trying to negotiate a settlement and will be collecting the evidence you will need to win your case.

Contact a Truck Accident Lawyer in Norfolk Today

If you were hurt in a truck accident while visiting the Virginia Beach or Norfolk area, our knowledgeable truck accident legal team is here to fight for the compensation you deserve. We will make the process easier for you by handling much of the communications through video conferencing, telephone calls, correspondence, and emails so that you do not have to travel back to Virginia. To learn more about how we can assist you, call our Norfolk office to schedule your free consultation today.

Related Links: How Long Will it Take to Settle My Truck Accident Claim? Statute of Limitation to File Your Truck Crash Lawsuit Five Tactics the Insurance Company May Use to Deny Your Claim

 

If you were not wearing a seat belt in a truck accident caused by a negligent truck driver, your claim may be more complicated. However, you may still be entitled to compensation for your injuries from the insurance company. Here is how your failure to wear a seat belt could affect your case.

What Are the Penalties for Not Wearing a Seat Belt in Virginia?

In Virginia, drivers and passengers in the front seat who are 18 years or older are required to wear a seat belt while the vehicle is in motion. Passengers who are under 18 years old must comply with the state’s child restraint laws no matter where they are seated. Under Virginia Code §46.2-1094, individuals who violate this law face these consequences:

• They could have to pay a civil penalty of $25.
• A violation of the law does not constitute negligence.
• A violation of the seat belt law does not constitute mitigation of damages in any nature.

How Contributory Negligence Could Affect Your Claim

Although the insurance company cannot claim that your violation of Virginia’s seat belt law prevents you from receiving compensation, they may try to claim that your actions should be considered negligent under Virginia’s negligence laws. Our state follows a harsh contributory negligence rule that provides that you would be not be entitled to compensation if you were at all to blame for the crash—even one percent.

However, it is important to keep in mind that just because the insurance company tries to deny your claim because you were not wearing a seat belt does not make their reason valid. They would have to prove that your failure to wear a seat belt caused your collision and injuries. In many truck accidents, the lack of a seat belt has nothing to do with why the crash occurred and the victim’s injuries.

If you were not wearing a seat belt at the time of your truck collision, you need to consult with an experienced truck accident lawyer to learn how this could affect your claim for compensation. To find out about your options and how we can help you build a winning case, call our Norfolk office to schedule your free initial consultation today.

Related Links: How Long Will it Take to Settle My Truck Accident Claim? Statute of Limitation to File Your Truck Crash Lawsuit Five Tactics the Insurance Company May Use to Deny Your Claim

 

Most truck accident claims are settled before they go to a jury trial, but this is not always true.

If you were injured in a truck crash, you are entitled to compensation for your injuries. However, you need to be prepared to fight hard to obtain what you deserve from the insurance company. This could include having your case decided at a jury trial.

Why You May Have to Take Your Case to Trial

Because of the serious damages caused by truck collisions, the insurance company for the negligent trucker and trucking company may be more reluctant to offer a fair settlement of your claim. Here are three factors that could make it more likely that you would have to take your case to trial:

• Disputes about liability. If the insurance company disputes who was liable for causing the truck wreck, it is more likely that your case would go to trial. This is frequently an issue in truck accident cases in Virginia because our state follows a harsh contributory negligence rule that would prohibit you from obtaining any damages if you were at all at fault for causing the crash.
• Serious injuries. If you suffered long-term injuries, which is common in truck accidents, you would be entitled to more compensation for your future expensive medical bills, lost wages, and pain and suffering. The insurance company may fight harder and longer to not pay you the full value of your claim, which could force you to take your case to trial.
• Wrongful death. If a loved one died in a truck collision, you would need to file a wrongful death claim. Because of the substantial damages you may be entitled to, the insurance company may not be willing to pay you what you deserve. Unfortunately, wrongful death cases are more likely to go to trial because of the high value of these claims.

How to Decide Whether to Take Your Case to Trial

It can be difficult to decide whether to accept a settlement offer from the insurance company that you do not feel fully compensates you or to take your case to a jury trial. You need the help of an experienced truck accident lawyer to help you make this important decision and to fight with the insurance company for the damages you are entitled to under Virginia law. To learn how we can assist you, call our Norfolk office to schedule a free consultation today.

Related Links: How a Truck Accident Settlement Works How Long Will it Take to Settle My Truck Accident Claim? Why Not to Accept a Quick Truck Accident Settlement

 

If you were injured in a truck collision caused by a negligent truck driver, you may be entitled to compensation for your injuries. There are two ways to obtain the damages you are entitled to under Virginia law: file a claim or file a lawsuit.

While the terms are sometimes used interchangeably, the processes of filing a claim and lawsuit are very different. As an accident victim, you want to understand how they differ, so you know what to expect in your case.

What Is a Truck Crash Claim?

The first step in pursuing your right to compensation will most likely be to file a claim with the trucking company’s and trucker’s insurance company. If you want to avoid being taken advantage of by the insurance adjuster and to obtain the maximum recovery in your settlement, you should retain an experienced truck accident lawyer to file it on your behalf.

Filing a claim with the insurance company is an out-of-court resolution of your case. After completing a thorough investigation into the cause of your truck accident and your injuries, your attorney would send a demand letter to the insurance company outlining their liability to pay you and the amount of damages you are seeking. The insurance adjuster would conduct their own investigation and make a counteroffer.

It could take several rounds of negotiations before the insurance company agrees to pay you a fair settlement. While not all truck collision claims are resolved in this way, many are settled without the need to go to court.

What Is a Truck Accident Lawsuit?

You may need to file a civil lawsuit against the trucking company, trucker, and any other liable parties if the insurance companies deny your claim or refuse to be reasonable in settlement negotiations. You would also need to file a civil complaint if the deadline to sue, referred to as the statute of limitations, will expire soon.

The process of litigating a claim is much different than filing a claim with the insurance company. Here are some of the steps in the process:

• Complaint. The first step is to file a civil lawsuit in court that states how the accident occurred, the liable parties’ negligence in causing it, and the damages you are seeking.
• Answer. After the defendants are served with your complaint, they would file an answer to it and any defenses they are raising as to why they have no liability to pay you.
• Discovery. The longest phase of a lawsuit is the discovery process. This is where the attorneys obtain information and documents from other parties that can help their case. They can do this through sending interrogatories, which are written questions to be answered, requests for production of documents, and depositions.
• Negotiations. When your lawyer believes it would be productive, they would engage in settlement negotiations. It is very likely that your case would be settled at some point before it is scheduled for trial.
• Trial. If you are unable to settle your lawsuit, your right to compensation would be decided by a jury at a trial.

Were you or a family member injured in a truck collision in Virginia Beach or Norfolk? Call our Norfolk office to schedule a free consultation with our dedicated and knowledgeable truck accident attorneys to learn how we can assist you.

Related Links: How a Truck Accident Settlement Works How Long Will it Take to Settle My Truck Accident Claim? Types of Compensation Awarded in Truck Accident Cases