Norfolk Truck Accident Attorneys
Seeking Justice with Kalfus & Nachman PC
If you or a loved one have been involved in a truck accident in Norfolk, Virginia, you need experienced legal representation to protect your rights and help you seek fair compensation.
At Kalfus & Nachman PC, our dedicated team of truck accident attorneys understands the complexities of these cases and is here to guide you through the legal process. With a focus on truck accident cases in Norfolk, we have the knowledge and expertise to fight for your best interests.
On This Page:
- How are Truck Accidents Different Than Car Accidents?
- Types of Truck Accidents
- Common Causes of Trucking Accidents
- What to Do After a Semi-Truck Accident in Norfolk?
- Who Can Be Held Liable for a Trucking Accident?
- What Damages Can I Recover?
- How Can Truck Accident Cases Be Challenging?
Truck accidents differ significantly from car accidents due to the sheer size and weight of commercial trucks. The impact of a collision involving a truck can result in catastrophic injuries, extensive property damage, and even fatalities. Additionally, the legal aspects of truck accidents can be more complex, involving multiple parties and regulations specific to the trucking industry.
Truck accidents can occur in various ways, and understanding the different types can help establish liability and build a strong case. Some common types of truck accidents include:
- Rear-End Collisions: When a truck collides with the rear of another vehicle, often due to inadequate braking distance or driver distraction.
- Jackknife Accidents: Occur when a truck's trailer swings out, forming a sharp angle with the cab, usually caused by sudden braking or loss of control.
- Rollover Accidents: Result from a truck tipping over onto its side or roof, typically due to high speed, sharp turns, or unstable cargo.
- Underride Accidents: Involve a smaller vehicle sliding underneath the trailer of a truck, often leading to severe injuries or fatalities.
- Wide Turn Accidents: Happen when a truck makes a wide turn, potentially colliding with other vehicles in adjacent lanes.
Truck accidents can be caused by various factors, including:
- Fatigued Driving and Hours of Service Violations: Truck drivers who exceed allowable driving hours may become fatigued, decreasing alertness and increasing accident risk.
- Distracted Driving: Activities like texting, eating, or using electronic devices while driving can divert attention, raising the likelihood of accidents.
- Poor Vehicle Maintenance: Neglected maintenance, such as brake failures, tire blowouts, or malfunctioning lights, can lead to mechanical failures and accidents.
- Improper or Overloaded Cargo: Cargo that is overloaded, improperly loaded, or inadequately secured can shift, leading to loss of control and accidents.
- Faulty Truck Parts: Defective or malfunctioning truck components pose serious safety risks if not properly repaired or replaced.
- Unqualified or Inexperienced Drivers: Drivers who lack the necessary training or qualifications are more likely to make dangerous errors.
- Speeding to Meet Delivery Deadlines: Pressures to meet deadlines can lead to speeding, increasing the risk of accidents due to reduced reaction times.
- Driving Under the Influence: Operating a truck under the influence of alcohol or drugs greatly endangers other road users.
Commercial trucks are large, complex vehicles that require rigorous inspection to meet the safety standards established by the Federal Motor Carrier Safety Administration (FMCSA). According to law, tractor-trailers must be thoroughly inspected at every stop to check for faulty components, brake failure, and other liabilities that could lead to truck accidents.
A truck’s cargo load should be checked to ensure it is carefully balanced and secured. Loads that exceed a trailer’s weight limit or are not properly balanced can cause a truck to tip or roll over when making a turn, increasing the risk of fatal truck accidents.
Despite the FMCSA’s regulations, many commercial trucks remain on the road without regular maintenance. These trucks pose a constant threat to motorists and truck drivers alike. Even a single defective component can lead to a deadly truck accident.
After a semi-truck accident in Norfolk, it's crucial to take immediate action to protect your rights and build a strong case. Here's what you should do:
- Seek Medical Attention: Your health and well-being are the top priority. Ensure you receive medical treatment for your injuries.
- Document the Scene: If possible, take photos or videos of the accident scene, including vehicle damage, skid marks, and road conditions.
- Collect Information: Obtain the truck driver's contact information, license plate number, insurance details, and gather witness statements if available.
- Report the Accident: Notify the police and obtain an official accident report. This documentation can be valuable evidence later.
- Consult with an Attorney: Contact an experienced truck accident lawyer at Kalfus & Nachman PC to evaluate your case and protect your legal rights.
Determining liability in a trucking accident can be complex due to the involvement of multiple parties. Potentially liable parties may include:
- Truck Driver: If the driver was negligent or violated traffic laws, they may be held responsible for the accident.
- Trucking Company: Employers can be liable for their drivers' actions, especially if they fail to properly train, supervise, or maintain their fleet.
- Vehicle Manufacturer: If a defect in the truck's design or manufacturing contributed to the accident, the manufacturer may be held liable.
- Cargo Loading Company: If improper loading or securing of cargo played a role in the accident, the company responsible for these tasks may be held accountable.
If you've been injured in a truck accident, you may be entitled to various types of compensation, including:
- Medical Expenses: Coverage for current and future medical bills, surgeries, rehabilitation, and ongoing treatment.
- Lost Wages: Compensation for the income you've lost due to your injuries and any potential future loss of earning capacity.
- Property Damage: Reimbursement for repairs or replacement of your vehicle and other damaged property.
- Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life caused by the accident.
- Wrongful Death Damages: In cases of fatal truck accidents, surviving family members may pursue compensation for funeral expenses, loss of financial support, and emotional suffering.
Truck accident cases present unique challenges due to the following factors:
- Federal Regulations: The trucking industry is subject to strict federal regulations, including hours of service, maintenance requirements, and driver qualifications. Navigating these regulations requires in-depth knowledge and experience.
- Complex Liability: Determining liability in truck accidents often involves multiple parties, including the truck driver, trucking company, and potentially other entities. Identifying the responsible parties and establishing their negligence can be challenging.
- Insurance Companies: Dealing with insurance companies can be overwhelming. They may attempt to minimize your claim or shift blame, making it crucial to have a skilled attorney who can negotiate on your behalf.
- Expert Testimony: Truck accident cases often rely on expert witnesses, such as accident reconstruction specialists or medical professionals, to establish liability and damages. Coordinating and presenting expert testimony requires a thorough understanding of the legal process.
At Kalfus & Nachman PC, we are well-versed in the intricacies of truck accident cases. Our experienced attorneys will diligently investigate your case, build a strong legal strategy, and fight for the compensation you deserve. Contact our Norfolk office today to schedule a consultation and take the first step towards seeking justice after a truck accident.
Truck Accident FAQs
How are tractor-trailer accidents different from passenger vehicle accidents?
Tractor-trailer accidents are different from passenger vehicles due to the sheer size and weight of the trucks. These vehicles can weigh up to 80,000 pounds, and, as a result, the injuries in truck accidents are often much more severe than those involving passenger vehicles. An estimated 10% of people injured in large truck wrecks die. In addition, there are different state laws governing commercial vehicles, including tractor-trailers. This is why it is imperative to contact an experienced Norfolk tractor-trailer accident attorney like those at Kalfus & Nachman PC if you have been involved in a tractor-trailer accident.
What constitutes a commercial tractor-trailer?
A commercial tractor-trailer is one that weighs 10,000 pounds or more, can transport more than 10 passengers, or is used to transport hazardous materials. This includes those vehicles that are used to transport commercial goods, delivery trucks, buses, freight trucks, 18 wheelers or tanker trucks.
What causes tractor-trailer accidents?
Tractor-trailer accidents are caused by a number of different factors. Driver fatigue is the number one cause of tractor-trailer accidents. Truck drivers are on strict deadlines to deliver their goods and often drive for long periods of time on very little sleep.
If I was partly at fault for the accident, can I still sue for damages?
Negligence and liability laws vary from state to state. In Virginia and North Carolina, you will NOT be able to recover for your injuries if you were partly at fault for the damages. The experienced truck accident attorneys at Kalfus & Nachman will explain negligence issues with you such as contributory negligence and joint and several liability. At this point, all you really need to know is that if you were involved in a trucking accident, you should never admit fault and you should contact the personal injury trucking attorneys at Kalfus & Nachman as soon as possible.
Is it really necessary for me to contact a Norfolk truck accident attorney?
Yes. Even if you think you may have been at fault to some extent, it is very important to contact an attorney. Also, the laws governing tractor-trailers make it difficult to know if you are entitled to receive compensation. You need to know the attorney you call is knowledgeable in all the laws concerning tractor trailers and is experienced in handling big truck crashes. Only an experienced Norfolk tractor-trailer attorney like those at Kalfus & Nachman PC will be able to advise you on whether or not you have a valid legal claim.
Who has a case for compensation after a truck accident?
If you have been injured in a truck accident, or have suffered the loss of a loved one, you may be entitled to sue for compensation. Children may also sue through their parents or guardians. The truck driver, trucking company, owner, shipper, truck manufacturer, parts manufacturer, or truck inspector can potentially be sued if they are deemed responsible for the accident.
Is it possible to get expert witnesses to back up my claim?
The trucking company will carry out their own investigation, using their own experts, to defend the actions of their driver and the roadworthiness of their trucks. Unless there is absolutely no question as to who was at fault, and all parties agree on this, you must be ready to counter with an independent expert witness of your own. Your Norfolk personal injury attorney can advise you on this, and get the necessary tests and documentation to back up your case.
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Paul R. Hernandez Attorney
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A.J. Kalfus of Counsel
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Stuart L. Nachman of Counsel
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Richard F. Aufenger, III of Counsel
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Jesse M. Suit III of Counsel
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Thomas A. Fitzgerald, II Attorney
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Seth D. Scott Attorney
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Christopher I. Jacobs Attorney
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Michael J. Levens Attorney
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Michael Sternberg Attorney
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Gregory E. Camden Attorney
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Gregory L. Sandler, Esq. Attorney
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Massimo Morabito Attorney
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Elizabeth O'Conor Attorney