Arlington Truck Accident Lawyer

Serious injuries deserve experienced attorneys

If you have been injured in an accident involving a truck, a truck accident lawyer Arlington VA motorists trust can help you recover your costs for damages. Our lawyers at Cohen & Cohen Attorneys are highly experienced in litigating personal injury cases and lawsuits. We’re available around the clock when you need emergency legal help. We offer free consultations and want to fully answer your questions.

Commercial truckers are held to a higher legal standard than motorists who drive vehicles for personal use. When injured in an accident caused by a trucker, you’re entitled to compensation for your damages and injuries. Here are a few general answers to some of the most common questions we get from victims of commercial truck accidents that resulted in a personal injury.

In America, the Federal Motor Carrier Safety Administration is the government body that regulates the trucking industry. If you become hurt as the result of a truck accident, any violation of this organization’s standards makes the individual who struck you automatically negligent. Here is a quick guide to the FMCSA and how its rules can help you assign blame where it belongs. 

The Role of the FMCSA

As part of the U.S. Department of Transportation, the FMCSA sets and enforces trucking rules that must be obeyed. Some matters they oversee include:

• Weight limits
• Rest periods
• Maintenance standards
• Licensing requirements

More information regarding the organization’s specific regulations can be found online.

The Importance of the FMCSA

FMCSA standards help keep our roads safer. When it comes to lawsuits, the organization makes it easier to prove that your injury was caused by a truck driver’s negligence. Otherwise, determining fault requires a potentially complex four-part test. So long as there exists proof that the vehicle’s operator committed an FMCSA violation, this becomes unnecessary.

The Role of the Attorney With the FMCSA

Hiring a trucking accident lawyer Arlington VA is the best way to verify a truck driver’s fault. The attorney’s job begins with assembling as much information about the accident as possible. Among other duties, this requires talking with the victim about what happened and examining the police report.

The next step is to reference the FMCSA’s safety compliance program to confirm whether violations of the Code of Federal Regulations have been committed. The investigating individual may also want to examine the Federal Register, as well as other government sources, in case there have been any relevant rule changes. This task can be confusing, requiring an understanding of industry terms and interpretable elements. Should your case make it to a courtroom, driver logs and other records relating to the crash may help prove your claim. An experienced trucking accident lawyer Arlington VA should know how to obtain these documents and make effective use of them.

Showing that the person who caused your accident violated the FMCSA’s rules greatly increases the chances of winning your case. Under certain circumstances, you may be able to sue the trucking company in addition to the vehicle’s driver, increasing the amount of your potential award.

Frequently Asked Questions

What is considered a commercial truck?

A commercial truck is one used by businesses to provide services or transport commercial goods. Most often a commercial truck is larger and heavier than the average passenger car. To legally operate it, the driver must hold a valid and current commercial driver’s license. Examples of a commercial truck include 18 wheelers, delivery vehicles, tanker trucks, tow trucks, and logging trucks.

What if I can’t afford an attorney after a truck accident?

Almost every truck accident lawyer Arlington VA knows of will work on a contingency basis. This includes our lawyers at Cohen & Cohen. We will not get paid unless you win the compensation you deserve.

I was injured in an accident with a truck and it wasn’t my fault. Can I get reimbursed for my lost wages?

Generally, yes. Income you lose because of an injury from the accident can potentially be included in a settlement. If your case moves to trial, your truck accident lawyer in Arlington VA may be able to include lost income as damages.

What can I receive compensation for?

Compensatory damages can include any costs you’ve incurred because of your injury sustained in the truck accident. This may be any or all of the following:

• Emergency transportation (ambulance) to the hospital from the accident scene
• Current and future medical expenses (including medications)
• Hospital bills
• Lost income
• Lost future earnings and benefits
• Emotional trauma
• Pain and suffering

Why do truck accidents often cause more serious injuries than car versus car collisions?

Commercial trucks are almost always larger than passenger cars. They’re also substantially heavier, especially when loaded with cargo. A truck accident lawyer Arlington VA motorists hire will likely attribute the general increase in the overall damages to a truck’s greater mass.

If I was partially at fault for the truck accident, is it worthwhile for me to pursue a lawsuit?

That varies state to state and can depend on exactly how much responsibility you had for causing the accident. The degree of your responsibility may also affect the final damage recovery you receive. However, until a full investigation is completed, you may not know for sure if you were at fault. This is one reason why it may be prudent to hire a truck accident lawyer Arlington VA commuters highly recommend. An attorney with Cohen & Cohen wants to sit down with you and discuss the possible outcomes for your case.

What are some of the most common causes of accidents involving commercial trucks?

Nearly any Arlington VA truck accident lawyer will tell you that truck accidents can be caused for many reasons, including:

• The truck is overloaded
• The truck is too heavy or big for a particular roadway or interchange
• Driver inexperience
• Driver fatigue
• The driver is under the influence of drugs or alcohol
• Brake failure
• Other equipment failure
• Hazardous road conditions
• Distracted driving
• Excessive speeding
• Failure to yield right of way

A truck carrying hazardous waste hit my car and I was exposed to it. Who could be at fault?

If a truck accident lawyer Arlington VA residents recommend can prove your injury was caused by the hazardous waste, you may be able to hold the following parties responsible:

• The hazardous waste shipper
• The trucking company
• The manufacturer of the hazardous waste
• The company or individual responsible for loading the hazardous waste into the truck

Will the police automatically show up at the accident scene?

There are no guarantees that the police will arrive on scene. If you are physically able to call them on your cell phone, do so immediately. If you are not able, request that somebody else call. It’s important that the officer on scene prepares a police report about the accident. This will be useful to you later when your attorney is negotiating a settlement or preparing for trial.

I was injured in an accident with a truck when it jackknifed. Am I guaranteed to collect a settlement or win a court case against them?

Unfortunately, no. If the truck jackknifed your attorney must prove that it was an avoidable accident and that it occurred due to the driver’s negligence. In many cases, a jackknife is considered an accident and not the driver’s fault.

Can I sue the commercial trucking company if I’m injured in an accident that one of their drivers caused?

If a truck accident lawyer Arlington VA auto owners relies on can establish that the driver is an employee of that trucking company, then very likely the company can be held liable. It becomes more complicated when the driver is an independent contractor who carries his or her own insurance.

Cohen & Cohen : A Truck Accident Lawyer Arlington VA Counts On

Truck accidents can be devastating. Without an experienced attorney at your side, you may not be able to get the compensation you deserve. If you have been injured in an accident and need a truck accident lawyer Arlington VA drivers rely on for getting them the compensation they deserve, contact the skilled attorneys at Cohen & Cohen , today.