By C. James Williams III, Principal, Burnett & Williams
A trucking accident can be devastating, causing serious injuries like spinal cord injuries or traumatic brain injuries, or even wrongful death. Unfortunately, the complexity of commercial trucking operations, particularly those that cross state borders, can make it difficult to determine liability and navigate the law. This is why, when looking to hire an experienced Virginia trial attorney, accident victims should work with a law firm that has specialized knowledge in handling this practice area.
When you are dealing with a truck accident claim, it is important to understand the difference between intrastate and interstate trucking. In the simplest terms, intrastate trucking occurs within a state’s borders, whereas interstate trucking crosses state lines.
However, there are some important exceptions to note. If the cargo of a truck originated in another state or has a destination outside the state, that could also be considered interstate trucking, even if the accident occurred with a driver who will never leave the state.
Interstate Trucking Laws To Know For Your Truck Accident Litigation
Because interstate trucking involves multiple jurisdictions, understanding the law that governs this civil litigation can be quite difficult. Generally speaking, interstate trucking cases are governed by federal law, which dictates laws for commerce across state borders. However, if a state through which a truck or its cargo passes has even stricter regulations, the driver and the trucking company may be expected to comply with those regulations.
Some of the most common interstate trucking laws that are involved in these legal matters include:
- Driving Hours: One of the most important laws governing truck accident cases is driving hours. Different states and the federal government set restrictions on how long a commercial driver can be on the road in a certain period. The federal guideline for interstate trucking is 11 hours within a 14-hour window, the same as Virginia law. This is important because some states have different laws governing intrastate trucking. For example, Texas has a 12-hour limit within a 15-hour window. In interstate trucking, drivers would be required to uphold the more stringent federal law, not Texas’s law.
- Cargo Rules: State and federal guidelines may impose certain restrictions and limits when it comes to a commercial truck’s cargo, such as how much weight it is allowed to carry and how that cargo should be secured. If a driver does not comply with federal restrictions when transporting cargo across state lines, their liability could increase.
- Insurance Minimums: Insurance minimums vary from state to state. Virginia commercial trucks are required to carry the same $750,000 liability minimum as the federal regulation, but some states have higher minimums. If a driver goes through a state with a higher limit, such as Texas, which requires $1 million in liability coverage, they may be required to carry that higher amount.
- Contributory Negligence: One of the most complicated laws to understand in truck accident cases is contributory negligence. While many states operate under a comparative negligence law, some states have much stricter contributory negligence laws, which could affect the outcome of a personal injury claim. Under Virginia law, for example, if the victim is found to be even 1% at fault for causing an accident, they could be prohibited from receiving damages of any kind.
How An Experienced Trial Lawyer Can Help Your Personal Injury Case After A Truck Accident
When you seek to hire a personal injury attorney, it is important to hire a lawyer in the state where the accident occurred. For example, if the accident happened in Richmond, you will want to hire a Virginia truck accident lawyer. Doing this ensures not only that your lawyer is properly licensed to practice in the state where any potential lawsuit will be filed but also that they have a keen understanding of the state’s laws and how these specific laws fit within the context of the federal laws.
Navigating these different regulations can be overwhelming, especially for the layperson who does not have experience in trucking law. This is why it is important to hire a skilled personal injury attorney to handle your truck accident claim. They will stand up for your rights under the law and fight to get you a fair settlement or award at trial to compensate you for the damages you have faced due to someone else’s negligence.
But even if your case does not end up going to trial, you often want to have an experienced trial attorney as your legal representation. Having a lawyer with a strong track record in the courtroom can provide additional leverage in the negotiation room. Insurance adjusters may be more willing to offer a fair settlement to those with a skilled attorney on their side, aware that they risk losing more in court if your personal injury case goes to trial.
When To Contact A Virginia Truck Accident Attorney
If you or a loved one has been injured or killed in a truck accident, particularly one that involved cargo crossing state lines, consider reaching out to an experienced Virginia trial lawyer. Their legal team can review your case in a free consultation and determine whether they are the right fit for your situation.
Jim Williams is a graduate of George Mason University School of Law who began his legal career with a prestigious assignment as a law clerk to a US District Court Judge. He practiced at Gentry, Locke, Rakes, and Moore in Roanoke and at Morris & Morris in Richmond before becoming litigation counsel for Progressive Insurance Company. With Progressive, he gained extensive experience as a trial attorney, giving him wide-ranging expertise in the complexities of Virginia insurance law and knowledge of how the defense side approaches litigation. Jim Williams joined Burnett & Williams in 2006 as the lead partner in the Richmond area, with offices in Midlothian and Hopewell, Virginia.
Disclaimer: This article is for general informational purposes only and should not be considered legal advice. Truck accident liability, insurance requirements, negligence laws, and filing requirements can vary depending on the facts of a case and the state where the accident occurred. Reading this article does not create an attorney-client relationship. Individuals involved in a truck accident should consult a qualified attorney licensed in the appropriate jurisdiction to discuss their specific situation.
