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Defenses the Insurance Company Could Raise to Fight Your Claim for Compensation After a Norfolk Truck Accident 

If you must file a claim for compensation for the injuries you suffered in a Virginia Beach or Norfolk truck collision, you need to be prepared for the insurance company to raise defenses to try to deny your claim or pay you less money. The experienced Norfolk truck accident lawyers at Tavss Fletcher can aggressively pursue your claim and have strategies we have successfully used to defeat the insurance adjuster's arguments.

If you have been injured in a Norfolk or Virginia Beach truck accident, the value of your claim can be substantial, considering the severity of the injuries you could suffer and the potential damages you may be entitled to under Virginia law. When filing your claim, it is crucial to anticipate the common defenses that insurance companies representing the trucker and trucking company may raise. 

Common Defenses Raised by Insurance Companies in Norfolk Truck Accident Claims

The insurance company is a business, and they may raise whatever defenses they can to deny your claim or try to convince you to accept less compensation in your settlement. Here are common defenses we see insurance companies raising in truck collision cases.

Your Fault

The insurance companies may attempt to shift blame onto you, arguing that your actions, such as speeding, failing to signal, or distracted driving, contributed to the truck crash. They love to raise this defense because Virginia follows a harsh contributory negligence doctrine, which prohibits you from receiving compensation if you were at fault for causing the wreck.

An experienced personal injury attorney can help you defeat this defense. They will gather evidence, such as witness statements, traffic camera footage, and accident reconstruction analysis, to demonstrate that the trucker's and trucking company's actions or negligence were the primary cause of the accident.

Other Liable Party

Insurance companies may try to attribute the accident to another party, such as a third driver, a shipper, or a truck maintenance facility. While many parties can share liability for a truck crash, the truck driver and trucking company are often the primary negligent parties.

Exaggeration of Your Injuries

The insurance companies may dispute the extent of your injuries, claiming they are not as severe as you allege. They may challenge medical reports, the necessity of your medical treatments, or the limitations your injury places on your ability to work.

You can defeat these arguments by obtaining prompt medical care within 72 hours of the truck accident and following your doctor's advice on your treatment plan. In addition, your experienced truck accident lawyer can work with medical professionals to provide comprehensive documentation of your injuries, including diagnostic tests, treatment plans, and expert opinions. This evidence can establish a direct connection between the accident and the severity of your injuries.

It can be very frustrating and challenging to be involved in a truck crash in Norfolk or Virginia Beach when the truck driver provides false information about how the truck accident occurred. Unfortunately, this is not uncommon. 

Our experienced Norfolk truck accident lawyers at Tavss Fletcher share tips on the steps you need to take to protect your right to compensation for your injuries. We also encourage you to contact our office to schedule a free initial consultation to learn how we can assist you in pursuing your claim with the insurance company. 

Why a Trucker Might Lie About How a Norfolk Truck Collision Occurred

Truck drivers may lie about the cause of a collision for various reasons to protect themselves. Here is why they may be untruthful.

Avoiding Legal Consequences 

If the truck driver's actions directly contributed to the accident, they might lie to avoid legal repercussions, such as fines, penalties, suspension of their CDL license, or losing their job. They may be worried about being arrested if they tell the truth and are intoxicated.

Protecting Their Employer

Trucking companies can be held responsible for compensating victims for truck accidents caused by their truckers. In some cases, a trucker might lie to shield their employer from legal liability.

Insurance Concerns

Admitting fault could lead to increased insurance premiums or jeopardize the trucker's driver's future insurability, which can be a significant motivator to provide a false account of the truck wreck.

Steps to Take if the Truck Driver is Lying

If you suspect that the truck driver is lying about how the truck accident occurred, you must take steps to protect your rights and prove that their negligence caused the collision. Here are immediate steps to take.

Remain Calm

Do not confront the trucker or argue with them if they lie at the scene about how your truck crash occurred. Calmly get the contact information for the trucking company, the insurance company, and them.

Gather Evidence

Collect evidence at the truck accident scene to help you prove how the truck wreck happened. Take photographs to document the accident scene, damage to vehicles, and any visible road conditions. Also, seek out eyewitnesses and obtain their contact information to corroborate your version of events.

Police Report

Call the police right after the truck accident and obtain a copy of the police report. It will provide helpful information, such as the following:

• Date, time, and place of the collision,
• Narration of how the truck crash occurred,
• Law enforcement officer's conclusions as to who caused it
• Any traffic tickets issued

Stay Truthful

Be honest and consistent when discussing the truck accident with police officers, insurance adjusters, doctors, your lawyer, or anyone else.

Retain an Attorney

Contact a skilled truck accident attorney in Norfolk as soon as possible. They will investigate the collision's cause and gather evidence and witnesses to support your case. They will also send the trucking company a spoliation letter informing them not to destroy or tamper with evidence you may need to prove your claim. Your lawyer will also fight with the insurance company so that you receive the maximum damages you are entitled to in your settlement.

Truck accidents can lead to far more devastating injuries and fatalities than car crashes in Norfolk and Virginia Beach. If you have been injured in a truck wreck in Virginia, you may be able to recover compensation for your medical expenses, lost wages, property damages, and pain and suffering. The experienced Norfolk truck accident lawyers at Tavss Fletcher are here to explain your legal rights and fight for the damages you deserve.

Four Reasons Truck Collisions Are More Dangerous Than Auto Wrecks

Due to several significant factors, truck accidents are inherently more perilous than auto crashes. A victim’s injuries could be more severe, and the value of their claim may be worth more than a car accident case. Here are some reasons truck wrecks are more dangerous.

Reason #1: Size and Weight

A commercial truck can weigh 80,000 pounds when fully loaded, while an average car weighs around 4,000 pounds. This stark difference in size and weight means that the truck's momentum can cause catastrophic injuries or death in a collision. The structural integrity of a passenger car is no match for the sheer force of a truck, making these accidents far more dangerous.

Reason #2: Strict Deadlines

Truck drivers often face intense pressure to deliver their loads under strict deadlines. Whether transporting goods across the country or within Virginia, these deadlines can lead to unsafe driving practices. Truck drivers may drive when fatigued to stay on schedule and often violate federal hours of service regulations on taking rest breaks.

Drowsy driving can impair a truck driver's reaction time and decision-making abilities, increasing the likelihood of accidents. In contrast, most car drivers are not subjected to the same demanding schedules, reducing the risk of fatigue-related collisions.

Reason #3: Dangerous Cargo

Trucks frequently carry hazardous cargo, including flammable materials, chemicals, and heavy machinery. The consequences can be catastrophic if a trucking company or driver fails to follow strict safety regulations. Chemical spills, explosions, or the release of toxic fumes can endanger the victims directly involved in the accident and nearby residents and motorists.

Reason #4: Limited Maneuverability

Trucks have limited maneuverability compared to passenger cars. Due to their weight and size, they require more time and distance to come to a complete stop. This limitation can lead to rear-end collisions when a truck driver cannot react in time to a sudden stop or slow-moving traffic.

Additionally, trucks have wider turning radii, making them more prone to wrecks when negotiating tight turns or navigating congested urban areas. This reduced maneuverability can result in collisions with nearby autos, motorcycles, bicyclists, and pedestrians.

Trucking companies and truck drivers play a vital role in transporting goods across Norfolk and beyond, keeping the economy moving. However, with their massive size and weight, commercial trucks can pose significant risks on the road. 

To ensure safety and prevent truck crashes, the Federal Motor Carrier Safety Administration (FMCSA) has regulations governing many aspects of the trucking industry. If you or a loved one was injured in a truck accident in Norfolk or Virginia Beach, an experienced Norfolk truck accident lawyer at Tavss Fletcher can determine if violations of these federal regulations contributed to the crash and work towards securing the compensation you deserve.

Common FMCSA Regulation Violations Leading to Truck Collisions in Norfolk

The FMCSA enforces various regulations to ensure commercial trucks operate safely and prevent tragic wrecks that cause victims to suffer devastating injuries or be killed. Some common violations of these regulations that often lead to truck crashes include:

Hours of Service Violations 

Truck drivers should comply with hours of service regulations limiting their driving hours to prevent trucker fatigue. Violations of these rules can lead to drowsy driving and reduced reaction times, increasing the likelihood of accidents.

Distracted Driving 

The FMCSA prohibits truckers from using handheld mobile devices while driving. Truck drivers engaged in texting, talking, or other forms of distracted driving can lose focus on the road and cause serious accidents.

Lack of Proper Maintenance

Trucking companies must follow FMCSA rules on maintaining their trucks in safe operating conditions. Failure to perform regular inspections and necessary maintenance can result in truck crashes if mechanical failures occur while the trucker is on the road.

Inadequate Training 

Truck drivers are expected to have proper training and qualifications to operate commercial vehicles. Inadequately trained drivers may struggle to handle unexpected situations, leading to collisions.

Driving Under the Influence 

FMCSA regulations prohibit truck drivers from driving when intoxicated and establish strict alcohol and drug testing requirements for commercial drivers. Driving drunk or high on drugs can impair a driver's judgment, vision, and response time, resulting in a dangerous drunk driving collision.

Negligent Hiring 

Trucking companies must follow federal rules to hire qualified and safe drivers. Negligent hiring practices that lead to employing drivers with poor driving records or insufficient qualifications can contribute to accidents.

Log Books 

Truck drivers are required to accurately record their driving hours in a logbook to ensure compliance with hours of service regulations. Unfortunately, some truckers falsify or fail to maintain these records when driving more hours than permitted, often with the encouragement of the trucking company.

If you have been involved in a truck collision in Virginia Beach or Norfolk, you may wonder if you should retain an attorney. Even if you believe the truck wreck was minor, speaking with an experienced Norfolk truck accident lawyer at Tavss Fletcher is always in your best interests. Truck crashes are rarely minor, and hiring an attorney is essential to protect your rights.

Reasons You Should Hire an Attorney After a Minor Norfolk Truck Collision

You should retain a skilled lawyer after a truck accident for many reasons, even when you believe the damage to your vehicle was minor or that you suffered no severe injuries. Here are a few of the most important benefits of hiring an attorney at Tavss Fletcher.

Suffering More Severe Injuries 

While the initial impact of a truck accident may appear minor initially, you may have suffered long-term injuries, such as traumatic brain injuries or back or spinal injuries, with symptoms that develop and worsen over time. A lawyer will work with your doctors to assess the long-term impact of the collision on your health, ability to work, and quality of life.

Valuing Your Claim 

Calculating the value of your claim can be complex, especially when quantifying intangible damages such as pain and suffering. A knowledgeable truck accident lawyer can accurately determine the compensation you should receive in your settlement based on their experience settling and litigating truck wreck claims.

Communicating With the Insurance Company

Dealing with insurance companies can be challenging, as they may do everything they can to deny their liability to pay you or try to get you to accept less damages than you are entitled to. Your lawyer will take over all communication with the insurance adjuster, protecting you from making statements that could harm your case. 

Negotiating Your Settlement 

A dedicated truck accident lawyer understands the complexities of negotiating with insurance companies. They will leverage their knowledge and experience to advocate for your best interests and push for a settlement that reflects the true extent of your damages. If the insurance company is unwilling to offer you a fair settlement, your attorney will litigate your case and take your case to a jury trial if this is in your best interests.

There are many types of commercial trucks on our roads in Norfolk and Virginia Beach. If you suffer injuries in a crash, you must understand the type of truck that struck your vehicle because it could impact your claim against the negligent trucker. You also need to immediately retain an experienced Norfolk truck accident lawyer who will fight with the insurance company for the compensation you deserve for your injuries. 

Types of Commercial Trucks

A commercial truck is one used for commercial purposes. These motor vehicles are much bigger and heavier than passenger vehicles. There are many different types of commercial trucks, such as the following:

• Semi-trailer truck. A semi-trailer truck, also known as a tractor-trailer or big rig, consists of a semi-truck cab and a trailer connected by a fifth wheel. These trucks are used for long-haul transportation of goods, with the trailer providing ample space for cargo.
• Eighteen-wheeler. An eighteen-wheeler is another name for a semi-trailer truck, referring to the total number of wheels on the vehicle. These trucks can haul heavy loads over long distances and are often seen on highways.
• Tanker. Tanker trucks are designed to transport liquids or gases, such as fuel, chemicals, or other liquids like milk. These trucks feature cylindrical tanks, which are securely sealed to prevent leaks during transportation.
• Flatbed. Flatbed trucks have an open cargo area without sides or a roof, allowing for easy loading and unloading of various items. They transport construction materials, machinery, or large equipment.
• Box truck. Box trucks have an enclosed cargo area with walls and a roof. They are frequently used for local deliveries, moving household goods, or transporting perishable items.
• Delivery truck. Delivery trucks are often seen in urban areas and neighborhoods and are designed to transport consumer goods over short distances. These trucks range in size and can include vans and small box trucks.

Why It Matters if a Commercial Truck is Involved in a Collision

When a truck is involved in an accident, this can affect a victim’s claim for compensation for their injuries. Here are several unique issues that arise in these cases:

Federal Regulations

Commercial trucks are subject to strict federal regulations imposed by agencies such as the Federal Motor Carrier Safety Administration (FMCSA). Violations of these regulations, such as driver fatigue, improper maintenance, or exceeding weight limits, can significantly contribute to accidents and may indicate a trucker’s and trucking company’s negligence and liability.

Increased Risk of Serious Injuries

Due to the size and weight of large commercial trucks, occupants of smaller vehicles can suffer catastrophic injuries or death. This can increase the value of a victim’s claim. Unfortunately, the insurance company could fight longer and harder to deny their claim or pay them less money in their settlement.

Complex Insurance and Legal Issues

Commercial truck accidents often involve complex insurance policies and legal considerations. Determining liability, negotiating with multiple parties, and understanding the nuances of trucking regulations require the expertise of a knowledgeable truck accident attorney.

You may have suffered severe injuries if you were the victim of a truck accident in Norfolk or Virginia Beach and may be worried about your expensive medical bills when you have no income while you recover from your injuries. When pursuing your claim against the negligent trucker and truck company, you should understand the damage caps in Virginia. An experienced Norfolk truck accident lawyer can explain these laws and ensure you receive the compensation you deserve.

Damage Cap on Punitive Damages in Virginia

A damage cap reduces the amount of compensation that you can recover. Virginia has a cap on punitive damages in truck accident cases. You would be awarded punitive damages to punish the at-fault trucker and trucking company, not to compensate you, and are rare in truck accident cases. 

To be eligible for punitive damages, you must show that the truck driver or trucking company acted especially recklessly or outrageously when causing your truck wreck. You may also receive punitive damages if the trucker was intoxicated when they caused the crash. If punitive damages are awarded, the cap is $350,000. 

No Cap on Economic and Non-Economic Compensation 

Virginia does not have a cap on economic or non-economic damages in truck collision claims, such as pain and suffering. You can recover the total compensation for these damages, up to the total amount of your actual losses. Types of damages you can recover include the following:

• Medical expenses. The negligent trucker and trucking company should reimburse you for all past and future medical bills you incurred due to your injuries, such as hospitalization, surgery, doctor appointments, physical therapy, and medications.
• Lost wages. If you were off work because of your injuries, you should be compensated for your past and future wages in your settlement. If you can no longer work due to your injuries, you may also be able to recover lost earning capacity damages.
• Pain and suffering. Another type of compensation you can recover is damages for the physical pain, emotional distress, and loss of enjoyment of life that resulted from the truck accident. You need the assistance of a knowledgeable truck accident lawyer to determine how much you should receive for your pain and suffering.
• Property damage. If your motor vehicle or other property was damaged in the truck collision, you should receive the cost of repairs or replacement.

Truck accidents in the Norfolk and Virginia Beach areas can cause devastating injuries that leave victims unable to work for months or longer while they recover. If you had to use your sick or vacation time due to injuries sustained in a truck collision caused by a negligent trucker, you may be entitled to recover your paid time off (PTO). You are more likely to obtain all the PTO you deserve if you retain an experienced truck accident lawyer to settle your claim with the insurance company.

When Can You Recover PTO in Your Truck Crash Settlement?

If you suffered injuries in a truck wreck, you might be able to recover compensation for your injuries from the negligent trucker and trucking company under Virginia law. As part of your wage loss claim, you can ask to be reimbursed for the paid time off you had to use while you were recovering from your injuries. Here are situations where you may be entitled to PTO compensation:

• Hospitalizations
• Recovery time at home
• Doctor appointments
• Calls and meetings with the insurance company
• Court hearings
• Appointments with your lawyer

How Do You Document the PTO You Took Due to Your Truck Collision Injuries?

You must prove your right to recover your PTO as part of your settlement with the insurance company. A knowledgeable truck accident lawyer can explain when you can recover your paid time off and help obtain the evidence you need to document the time you took off work. Documentation can include the following:

Letter From Your Employer

A letter from your boss listing your salary and the PTO you took while recovering from your injuries can help you prove your right to reimbursement of your PTO. If your case is decided at a jury trial, your employer may need to testify about the paid time off you took.

Employee Handbooks and Policies

Your employee handbook may outline how PTO is accrued and how it can be used. This documentation can help support your PTO claim.

Records of Any Appointments

If you had to take time off work for medical appointments, meetings with the insurance company or lawyer, or court hearings, you should keep records of these appointments. This documentation can help establish that you took time off work because of your injuries and not for other reasons, such as a vacation or a doctor’s appointment for a non-related medical condition.

You may be tempted to represent yourself when filing a truck accident claim with the insurance company for the negligent truck driver and trucking company in Norfolk. You may think you are saving the cost of paying attorney fees.

While it may seem like a good idea at the time, representing yourself can harm your case and reduce your compensation for your injuries. If you want to win your case and receive the maximum recovery in your settlement, you should immediately retain an experienced truck accident lawyer.

Five Reasons Not to Represent Yourself in a Truck Accident Case

For many reasons, it would be a bad idea for you to try to represent yourself when negotiating a settlement with the insurance company. Here are five ways you could hurt your right to compensation:

Lack of Legal Knowledge and Experience

One of the most significant reasons you should not represent yourself when filing a truck accident claim is the lack of legal knowledge and experience. Truck accident claims often involve complex legal issues and violations of federal regulations. You may miss critical details or make mistakes that could harm your case if you do not hire a skilled attorney.

Difficulty in Gathering Evidence

You need to collect evidence to prove your case, which is more complicated in a truck crash case. The trucking company would have some evidence you need, such as the trucker’s personnel file, truck inspection reports, and black box data. A lawyer can identify the evidence you need and send the trucking company a spoliation letter notifying them of your claim and demanding they provide the documents and other evidence you may need to win your case.

Difficulty in Negotiating With Insurance Companies

Negotiating with insurance companies can be daunting, especially if you are unfamiliar with the process. Insurance companies are in the business of making money, and they will do everything in their power to deny your claim or pay you as little as possible. An experienced lawyer can negotiate with insurance companies on your behalf and ensure that you receive fair compensation for your injuries.

Time-Consuming Process

Filing a truck accident claim can be a time-consuming process. You must gather evidence, file paperwork, negotiate with insurance companies, and potentially go to court. If you are recovering from injuries sustained in a truck accident, you may not have the time and energy to take care of these tasks. A lawyer can handle the legal aspects of your case, allowing you to focus on your recovery.

Risk of Losing Your Case

Finally, representing yourself in a truck accident claim comes with the risk of losing your case. If you make a mistake, miss a deadline, such as the statute of limitations, or fail to provide sufficient evidence, your case may be dismissed. This can result in you receiving little to no compensation for your injuries. A lawyer can help you avoid these pitfalls and handle your case correctly.

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