Causation Is Key to Any Truck Accident Injury Case

Commercial truck accidents can be devastating events. The sheer size and weight of a truck compared to a passenger car creates a significant imbalance in any crash. If you’ve been injured in a truck accident in Virginia, the road to recovery can be long and difficult, both physically and emotionally. While the fight for compensation may seem secondary to your health, securing the resources you need can make a world of difference after a truck accident. In these cases, it’s important to understand the concept of causation.

What is causation?

Causation refers to establishing a clear link between a truck driver’s negligence and your injuries. It’s the foundation upon which your entire case is based. Simply put, you need to prove that the truck driver’s actions (or inactions) directly caused the accident that led to your injuries.

Two main aspects of causation need to be addressed:

• Actual cause: This establishes that “but for” the truck driver’s negligence, the accident wouldn’t have happened. For instance, if the truck driver was speeding and rear-ended your car, your injuries wouldn’t have occurred “but for” their reckless driving.
• Proximate cause: This goes beyond simply establishing the accident wouldn’t have happened without the truck driver’s actions. It requires proving that the harm you suffered was a foreseeable consequence of their negligence. For example, if a truck driver runs a red light and causes a multi-vehicle pileup, the injuries sustained by everyone involved would likely be considered foreseeable consequences.

How do your attorneys build a case for causation?

Proving causation usually requires an investigation and gathering of evidence. Here’s how the Richmond-based truck accident attorneys at Phelan Petty Injury Lawyers help prove causation:

• Accident scene investigation: We can perform a thorough examination of the accident scene. This includes securing the police report, photographs of the damage, skid marks, debris, and road conditions.
• Driver records and qualifications: Obtaining the truck driver’s employment records, driving history, and any certifications can reveal potential factors like fatigue, driver error, or lack of proper training.
• Witness statements: Statements from anyone who witnessed the accident can provide invaluable firsthand accounts of the truck driver’s actions leading up to the crash.
• Truck maintenance records: Reviewing the truck’s maintenance records can uncover potential mechanical failures that might have contributed to the accident.
• Expert testimony: Depending on the specifics of the case, consulting with accident reconstruction experts or medical professionals can strengthen your claim by providing technical analysis and linking your injuries to the accident.

How can a Richmond-based truck accident attorney help?

Truck accident cases are notoriously complicated. Trucking companies often have large insurance carriers with aggressive legal teams dedicated to minimizing payouts. Trying to handle the legal process on your own, while recovering from serious injuries, can be overwhelming. Our experienced truck accident attorneys can be your strongest advocates, handling all aspects of your case, including:

• Investigation and evidence gathering: We have the resources to conduct a thorough investigation and gather the necessary evidence to prove causation.
• Negotiating with insurance companies: We can handle all communication with the insurance companies, ensuring they take your claim seriously and increasing the odds of a fair settlement.
• Understanding complex regulations: Federal and state regulations governing the trucking industry are intricate. Our attorneys have the knowledge and experience to navigate these complexities and identify any potential violations that contributed to the accident.
• Fighting for maximum compensation: Our attorneys can aggressively pursue the compensation you’re entitled to, including medical expenses, lost wages, pain and suffering, and long-term care costs.

The aftermath of a truck accident can be overwhelming. Don’t let the burden of proving causation add to your stress. By understanding its importance and seeking the guidance of an experienced truck accident attorney, you can focus on your recovery while they fight to secure the compensation you rightfully deserve.

Other issues to keep in mind when proving causation in a truck accident

While proving causation is important, there are other aspects to consider when building a strong truck accident case:

• Preserving evidence: Time is always of the essence. The sooner you contact an attorney, the better chance they have of securing vital evidence before it disappears. This includes witness statements, skid marks, and damaged vehicles, which may need to be inspected by accident reconstruction experts.
• Sharing medical records: Let your attorney know about your medical history and the extent of your injuries. They can work with your medical providers to document the connection between your injuries and the accident.
• Focus on facts: While assigning blame might feel instinctive, the legal process revolves around establishing facts. Your attorney concentrates on presenting a clear and objective picture of the events leading up to the accident, allowing the evidence to speak for itself.
• Addressing pre-existing conditions: If you have pre-existing medical conditions, the trucking company’s attorney might try to argue your injuries were unrelated to the accident. Your attorney can counter this argument by establishing a clear distinction between pre-existing conditions and the worsening of those conditions (or new injuries) directly caused by the accident.
• Wrongful death claims: In the tragic event of a loved one’s death due to a truck accident, we can help you file a wrongful death lawsuit. This type of lawsuit seeks compensation for the surviving family members’ losses, including lost financial support, companionship, and emotional distress.

What about shared liability?

Shared fault can come into play in a commercial truck accident. The state of Virginia operates under the pure contributory negligence rule, which means that the truck driver must be 100% at fault for the accident or you will be barred from recovering compensation.

Here’s where an experienced attorney becomes invaluable. At Phelan Petty, our truck accident lawyers  know how to prove zero fault on your part.

We dive deep into the accident to uncover any external factors that might have contributed, such as poor road conditions or faulty traffic signals. Our attorneys also analyze the truck driver’s behavior leading up to the accident. Was the driver speeding? Disregarding traffic laws? Distracted? Highlighting these negligent actions reduces the chance of fault being placed on you.

While litigation is an option, most truck accident cases are settled through negotiation with the trucking company’s insurance carrier. Our experienced attorneys often leverage our knowledge of causation, along with the evidence we gather, to negotiate a fair settlement that reflects the severity of your injuries and their long-term effects on your life.

Here are some key strategies our truck accident attorneys might employ during negotiations:

• Early and aggressive negotiation: The sooner you present a strong case, the more likely the insurance company will be motivated to settle quickly to avoid a potentially costly trial.
• Highlighting future medical expenses: Presenting a clear picture of your future medical needs puts a significant financial burden on the table for the insurance company.
• Addressing lost wages and earning potential: If your injuries prevent you from returning to work, or limit your earning capacity, your attorney factors in lost wages and future earning potential into most settlements.
• Emotional injuries: The emotional and psychological trauma caused by the accident shouldn’t be overlooked. Our attorneys ensure these elements are considered in the negotiation process.

Remember, you are not alone. Truck accident injuries can be life-altering. By understanding the importance of causation and seeking the guidance of a skilled Richmond-based truck accident attorney, you can secure the compensation you need to heal and rebuild your life.

The aftermath of a truck accident in Virginia can be overwhelming, leaving you with physical injuries, emotional trauma, and financial burdens. Don’t face this alone. Our experienced truck accident attorneys have a proven track record of securing maximum compensation for victims. Don’t let the trucking company take advantage of you. Call us today for a free consultation and get the aggressive legal representation you deserve to recover and move forward. To schedule a consultation with a Richmond-based injury attorney, simply call our offices or fill out our contact form. We serve clients throughout Virginia.