Semi-truck accidents are among the most dangerous types of accidents on our roads. Due to the size and weight of these trucks, they can cause significant damage and injuries to other motorists involved in an accident. This is why Virginia has specific laws governing the recovery and liability in the event of a semi-truck accident.
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Recovery for Injured Individuals
Victims of semi-truck accidents are entitled to receive compensation for their injuries. This compensation may include medical expenses, lost wages, pain and suffering, and other damages. To recover compensation, the individual must prove that the truck driver or another party was responsible for the accident.
Contributory Negligence
Virginia follows the contributory negligence law, which means that a victim of a semi-truck accident cannot recover damages if they are even 1% responsible for the accident. This can make it difficult for victims to recover compensation in some cases.
Statute of Limitations
In Virginia, individuals involved in a semi-truck accident must file a personal injury lawsuit within two years from the date of the accident. Failing to file a lawsuit within this timeframe can result in the loss of the right to recover damages.
Liability in Semi-Truck Accidents
In semi-truck accidents, there may be multiple parties that can be held liable for the accident. These parties may include the truck driver, the trucking company, the manufacturer of the truck or its parts, and other parties that contributed to the accident.
Negligence
To be held liable for a semi-truck accident, the negligent party must have breached their duty of care in some way. This means that they failed to exercise reasonable care when operating the truck, maintaining the truck, or training the driver.
Federal Regulations
The Federal Motor Carrier Safety Administration (FMCSA) has regulations that govern the operation, maintenance, and inspection of semi-trucks. Violating these regulations can result in liability for the party responsible for the violation.
Respondeat Superior
The trucking company can be held liable for an accident if the driver was an employee of the company and was acting within the scope of their employment at the time of the accident. This is known as respondeat superior, which means that the employer is responsible for the actions of their employees.
Conclusion
Semi-truck accidents can be devastating, and it’s important to understand Virginia’s laws governing recovery and liability in these cases. While the contributory negligence law can make it challenging for victims to recover compensation, it’s important to consult with a personal injury attorney to determine the best course of action. Additionally, understanding the parties that can be held liable in a semi-truck accident can help ensure that all responsible parties are held accountable for the damages caused.