Richmond Trucking Accident Attorney
When we say “trucking accident,” we mean a crash with an 18-wheeled tractor-trailer. These massive machines require skilled operation and training, and the trucking companies and their drivers are regulated by the Federal Motor Carrier Safety Act to ensure greater safety to the public. But trucking accidents aren’t identical to car accidents—they’re legally and factually more complex, and they often involve catastrophic injuries or death. Puglielli Injury Law has effectively stood up to these big trucking companies and their insurance carriers to achieve justice for injury victims throughout Virginia.
Why hire a Richmond trucking crash lawyer?
If you or a loved one have been in a crash with an 18-wheeler, odds are that you have been severely injured. This can be a challenging situation—you’re trying to recover from your injuries while also trying to figure out how to hold the truck driver, the trucking company, and their insurance carrier accountable for what happened. They have immense resources at their disposal and may try to rush you into a settlement or refuse to accept responsibility at all. It can also be confusing to identify who exactly was the responsible company, even though at first it may seem obvious.
As an experienced trucking accident lawyer and litigator, Gianni Puglielli has faced trucking companies, knows where to find evidence, and isn’t afraid to stand up to them or their insurance carriers.
If you’ve been hurt in a trucking accident, you can give Gianni a call to discuss your potential case. You can also browse some helpful, in-depth FAQs and information below. Please see our general FAQs page too.
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Frequently Asked Questions
How is a trucking accident case different from a regular car accident?
Generally, the criteria for a viable trucking accident claim are the same as the criteria for a car accident claim, but there are a few extra considerations:
Preservation of Evidence. It’s important in any personal injury case to ensure that evidence is preserved or saved, but it’s especially important in trucking accident cases. Commercial tractor-trailers are typically equipped with computers and software that may have recorded data about the truck, such as its speed at the time of impact or whether any deceleration occurred before the crash. The truck driver’s employer should also have the truck driver’s employment application, profile, history, travel logs, repair records, and other potentially critical information.
Liability Complexities. Like with a regular car accident, the truck driver must have been negligent in causing the crash, and you can’t have been negligent yourself. Negligence means that the truck driver acted unreasonably under the circumstances or breached a specific duty while driving the vehicle (for example, a duty to obey traffic lights, stop signs, etc.) that caused the accident. But, when the negligent driver was operating an 18-wheeler instead of a regular car, the analysis of whether the truck driver acted unreasonably is a little bit different because 18-wheelers are much bigger, heavier, and more complex vehicles to operate.
Responsibility of the Employer. In trucking accident claims, the truck driver’s employer is often sued in addition to the truck driver because employers can be liable for the negligent conduct of their drivers through “vicarious liability.” There could be potential claims of negligent hiring or negligent entrustment against the employer depending on the circumstances of the case. There may be additional, potentially liable companies involved too, but they can be difficult to identify.
Multiple Insurance Policies. Because trucking accident claims involve the trucking company and potentially other companies, there may be multiple insurance policies to discover. And, in addition to auto insurance policies, there could be general liability or umbrella policies that apply too. It takes a diligent and knowledgeable attorney to be able to uncover all of the available coverage that may exist in a trucking accident.
What should I do after I’ve been injured in a trucking accident?
If you’re able to do so, move yourself to a safe position and call 911. Take pictures of the scene, the vehicles involved, and any visible injuries. Be sure to seek medical attention immediately. When the police arrive, they should provide you with a report or case number and give you the contact and insurance information of the other drivers involved. If they don’t, or the police were never called, ask the other driver(s) for their contact and insurance information yourself.
At your earliest opportunity after the crash, call and open a claim with the truck driver’s insurance company (typically his employer’s insurance company) and your own insurance company too. You will be provided with a claim number by each company. Depending on what kind of insurance policy the trucking company has, if they’re at fault, their insurance company can pay you for the damage to your car and provide you with a rental car for a limited time if that’s necessary.
What can I be compensated for in a trucking accident injury claim?
When you’ve been injured in a trucking crash, you may have incurred what are known as “damages.” Damages are the legal jargon for a loss or harm caused by someone’s negligence. Broadly speaking, there are two big categories of damages: “economic” and “non-economic.”
Economic damages (also known as “special” damages) are the easier ones to understand because these are damages that already have a dollar sign next to them for their value. For example: $10,000 of medical bills or $1,500 of lost wages.
On the other hand, non-economic damages (also known as “general” damages) are a little more challenging. We can consider these the “human” damages that don’t have a dollar sign next to them—we have to assign a value ourselves and it’s what a jury would have the responsibility of doing too. These damages include pain and suffering, loss of enjoyment of life, humiliation, embarrassment, and inconvenience. For example, a painful broken leg can disrupt someone’s life, but that harm isn’t economic in nature. At a trial, a jury would be tasked with figuring how much that’s worth under the circumstances of the case.
There’s also a third category of damages, but it’s rare to obtain. These are called punitive damages. The first two categories described above (economic and non-economic damages) both are characterized as “compensatory” damages. As the name implies, those damages are meant to compensate you for the severity of your injuries and financial losses you’ve sustained. In contrast, punitive damages are less focused on you and, instead, are focused primarily on the conduct of the truck driver. These are awarded only when the truck driver has committed egregious conduct, such as driving while under the influence of alcohol, and are meant to punish the driver and deter them (and others) from similar conduct. There are other instances in which punitive damages can be awarded—including against the truck driver’s employer too—which are determined on a case-by-case basis.
What are the common causes of trucking accidents?
Truck drivers cause accidents for many of the same reasons as ordinary drivers, but there are a few frequently seen causes of trucking accidents.
Driver Fatigue. Truck drivers are known for driving for long hours, but they can become fatigued and cause an accident if they drive for too long. Under the FMCSA, a commercial tractor-trailer driver can drive up to a max of 11 consecutive hours only if they’ve just finished a 10-hour break, and they can’t be on duty for more than 14 consecutive hours generally. These are known as “hours of service” regulations. In Virginia, these numbers increase to 12 hours after a 10-hour break and 16 hours on duty.
Distracted Driving. Truck drivers are prone to using cell phones or other distractions while driving like ordinary drivers, but the consequences of their distractions can be much greater. The FMCSA prohibits commercial tractor-trailer drivers from using a phone with their hand, but they can use their phones with a hands-free device. However, studies have shown that even hands-free cell phone use can use significant brain power and distract a truck driver from the road.
Driving While Intoxicated. While it sounds egregious to operate an 18-wheeler while under the influence of drugs or alcohol, truck drivers sometimes do it, and it can lead to debilitating injuries or death. Truck drivers who drive under the influence may be subject to punitive damages, and their employers may be as well.
Speeding and Reckless Driving. Commercial tractor-trailers are significantly heavier than ordinary cars, so it takes a lot more time and braking force to slow them down. Driving at an excessive speed can make it difficult to slow down in time, and braking too fast can cause the truck to swerve and cause an accident. They also can’t maneuver as quickly, so truck drivers must ensure they have adequate space and time to change lanes, let someone merge, or make a turn.
