Delivery Truck Accidents Attorneys Serving Roanoke, Virginia

According to the Virginia DMV, there were 5,664 crashes in 2022 that involved commercial motor vehicles. Of these, 2,000 resulted in an injury, and 116 people lost their lives. Unfortunately, accidents that occur involving commercial trucks can often result in serious damages and injuries. Trying to seek compensation for these damages can be a complicated process because nearly all delivery drivers are employees and don’t own the truck they operate.

If you’d like to know what to do if you’ve been in a delivery truck accident and how to make a truck accident claim, call us at Cranwell & Moore P.L.C., Attorneys at Law to learn more. We’re located in Roanoke, Virginia, and are able to serve clients throughout the Roanoke metropolitan area. 

Federal and Virginia Commercial Trucking Laws

As drivers, we all know there are numerous state laws regulating how we operate our cars, from licensing to registration and insurance to the rules of the road. Truck drivers also have regulations they need to follow, and these are even more comprehensive due to the increased risks they pose on the road: 

• Federal Motor Carrier Safety Administration (FMCSA): The FMCSA is the largest federal agency that sets laws for commercial vehicles. Some of the most important of these have to do with how much and how often drivers can work within a given time frame. Knowing that driver fatigue and inattentiveness are two of the biggest causes of crashes, these rules are in place to ensure drivers are fully awake and paying attention to the road. For example, a driver cannot have a shift that lasts longer than 14 hours, and within this period, they cannot drive for more than 11 hours in a row. 

• Virginia Commercial Trucking Laws: The Commonwealth sets standards on how big and heavy trucks can be, safety and equipment requirements, as well as limits on how many hours drivers can operate their vehicle.  

Common Reasons for Delivery Truck Accidents

There are several reasons why a delivery truck accident may happen, and being able to clearly show the cause of an accident will be the first step in seeking compensation. Some common causes include: 

• Distracted Driving: Any driver can get distracted while on the road, but this becomes especially problematic for drivers who are spending several hours every day operating a truck. 

• Fatigue: Even with federal and state regulations in place limiting how long a driver can work for, drivers will still get tired and may not realize it until it’s too late and they’ve fallen asleep at the wheel.  

• Improperly loaded cargo: The way a delivery truck is packed is vitally important to how it will function on the road. If the load is imbalanced, it can cause the entire truck to tip over during a turn which can cause devastating accidents. 

• Faulty or defective equipment: Commercial trucks are regularly inspected to ensure they meet safety standards, but if something is missed or a defective part is not replaced, this could cause the driver to lose control and crash. 

• Unsafe driving habits: Lastly, when a driver (either of the truck or a passenger vehicle) is speeding, following too closely, or not allowing enough room for turns or lane changes, this can cause an accident.  

Who May Be Liable for a Delivery Truck Accident

One of the most important questions to ask after an incident like this is, “Who’s liable in a delivery/commercial truck accident?” because the answer will inform what you do next. Also, liability may be shared between more than one party, making the claims process even more difficult. For instance, can you sue the truck company after a delivery truck accident? The answer is yes, but it will depend on having thorough documentation that proves fault. Because of this, it’s crucial you work with an experienced truck accident attorney. Liable parties could include: 

• Truck driver 

• Trucking company 

• Equipment manufacturer 

• Maintenance personnel 

• The driver of the passenger car 

Commercial Truck Accident Claims Process

If you need to file a claim after a truck accident, your first step should be to contact a personal injury attorney. Although there’s no law that says you have to work with a lawyer, you’ll have much better odds of reaching a fair settlement when you hire a professional who’s familiar with both state and federal trucking laws and how they can impact the claims process.  

You’ll then want to start compiling evidence and documentation from the crash. This could include pictures or video, witness statements, medical records, police reports, as well as your own account of what happened. Along with your lawyer, you can then organize this information to get a better sense of your total damages and what kind of compensation you’ll ask for. Your attorney will then advocate for you and negotiate on your behalf to reach an agreement. If an agreement cannot be made, they will then represent you in court.