Fairfax Truck Accident Lawyers Ensuring You Get The Compensation That You Deserve
According to the U.S. Department of Transportation, there are more than 2 million tractor-trailers on the road in the U.S. Unfortunately, there are over 530,000 accidents involving large trucks each year. Approximately 112,000 of these result in significant injury and more than 5,000 people are killed in tractor-trailer collisions each year. The massive size difference alone causes impacts between trucks and other vehicles to be catastrophic, often causing serious injuries and fatalities.
Our truck accident attorneys in Fairfax have extensive experience helping victims of truck accidents obtain the compensation they deserve – the senior attorneys on our team each have over 40 years in practice. Recovering proper compensation after a truck accident without the help of an experienced attorney on your side can be very difficult. Trucking companies are usually backed by top-tier law firms who are hired to protect their company, and in turn, keep you from recovering the compensation you deserve and need to cover your medical expenses. We know how to handle truck accident claims and know what to expect during the entire process. We can walk you through what you need to know so you can rest easy, knowing your case is in good hands.
What Are The Hours Of Service Regulations?
The FMCSA has many regulations for truck drivers that aim to reduce the chances of an accident. One of the most well-known sets of regulations is called the hours of service regulation. These rules are aimed at preventing fatigued driving, a major cause of accidents on the road.
According to these rules:
- Truck drivers can work no more than 14 hours in one day.
- Truck drivers must rest or take meal breaks for three of their working hours.
- Driver must rest for at least 10 consecutive hours at the end of the day.
- Truck drivers must take days off work at regular intervals.
Who Is Liable After A Truck Accident?
Truck accidents are more complicated than other motor vehicle accidents because of the multiple parties involved. It frequently is difficult to determine who caused the accident and who to file a claim against. While the truck driver is often the obvious choice, it is important to also look at the trucking company. In these cases, it is often discovered that trucking companies encourage or pressure their drivers to break trucking regulations in order to save money. Depending on the cause of your accident and the circumstances of your case, we may also consider the truck manufacturer, the cargo loading team and the owner of the cargo the truck was carrying.
However, there are situations where the driver is obviously the lone cause. Truck drivers work long, exhausting hours, and it isn’t uncommon to see tired drivers falling asleep at the wheel and causing an accident. Alcohol and drug use are also a common cause of truck accidents, as well as reckless driving.
What Is A ‘Black Box’?
Most people have heard of a “black box” when it’s associated with a plane crash. An airplane’s black box is called a flight recorder. But did you know that the car or truck you drive also has a black box? An automotive black box is commonly referred to as an event data recorder (EDR). The EDR continuously records information but it overwrites the previous few minutes until an event occurs that locks the data in place.
The event is usually a crash that results in a sudden change in the wheel speed. The data can reveal important information about the operation of the vehicle for several minutes before the event occurred such as speed, braking, steering angle and seat belt use. The EDR may continue to record for a short time after the event. After a severe crash, particularly involving loss of life, the EDR data may be accessed by the Police. Access to data from an EDR requires specialized hardware and software to “image” the data. Because the data can be lost unless it is accessed quickly, time is of the essence, and accident victims or their family members should consult counsel as soon as possible after a severe crash.
How Our Team Uses Black Box Data
Attorney Eugene C. Miller from our firm has deep experience in using black box data from truck accidents. In one case, our firm’s staff located a truck in a local salvage yard. Mr. Miller was able to gain access to the vehicle and an expert retained just for that purpose by Mr. Miller was able to image the data from the vehicle’s EDR. The data revealed that the driver of the vehicle had been speeding prior to and at the time of the impact and had never applied his brakes before impact. The negligence of the driver of that vehicle was then provable in the absence of eyewitness testimony. The data helped establish liability for the crash and was extremely helpful to Mr. Miller in order to obtain reasonable compensation for the injured victims.
We Fight For Victims Of Truck Accidents
Commercial truck accident causes permanent injuries: James was a passenger in a car traveling through an intersection on a green light. The defendant truck driver was traveling in the opposite direction and was looking at his cellphone. The truck driver turned left, directly into the path of the car in which James was riding. As a result of the collision, James suffered permanent injuries, including fractures to his spine, foot and knee. He was in a body brace for an extended period and required multiple surgeries. Gene Miller and Ed Weiner negotiated a $1,300,000 settlement for James.
92-year-old pedestrian struck by a delivery truck: On Christmas Eve afternoon, 92-year-old Nate left home for his daily ritual – a 1.5-mile walk in Reston. As he stepped off the curb into the crosswalk (on the “Walk” signal), he was struck by an express delivery truck making a right turn. Nate was critically injured and spent months in the hospital and in a rehab facility before returning home. While he was still able to move around his home, Nate was no longer able to go on his daily walks. Ed Weiner negotiated with the large international delivery company and got Nate a settlement in excess of $1,000,000.
Septic company held liable for crash: Samuel’s car was T-boned (struck broadside) when the defendant driver of a tanker truck ran a red light and collided with Samuel’s car. He suffered severe back and neck injuries. Although he was in significant pain, his doctors advised against surgery. The final offer from the defendant’s insurance company was $100,000. At trial, Ed Weiner and Lawson Spivey were able to show the jury that the defendant septic company had a long history of poorly maintained vehicles. At the conclusion of the trial, a jury awarded Samuel $390,000, which included punitive damages due to the company’s poor maintenance of their vehicles.
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We Are Advocates For The Injured; Contact Us Today
If you have been injured in a truck accident, it is critical to get legal advice to help you obtain the compensation you need and deserve for your injuries, medical bills and lost wages. The quality of representation you have during this difficult time will have a direct impact on if, and how much, you are compensated.
Our attorneys at Weiner, Spivey & Miller, PLC have the experience and passion needed to aggressively fight for you. Since our firm’s founding, we have obtained substantial settlements and jury awards for our clients and have made a name for ourselves in the legal community. Call 703-273-9500 today to schedule a free consultation with our Fairfax truck accident attorneys, or contact us online.