Tow trucks are a common sight in Roanoke. These vehicles play a vital role in assisting stranded motorists and removing illegally parked cars, which helps maintain the flow of traffic. However, their presence is not without risks.
Accidents involving tow trucks can happen, and they often bring a unique set of challenges and questions, especially when your vehicle is hit by one. Here is what you need to know about your legal rights and options in these unfortunate situations.
Who Is Liable If Your Car Is Hit by a Tow Truck?
In Virginia, victims of tow truck accidents have the right to pursue legal action. The state follows a fault-based standard for road accidents, which holds at-fault parties financially responsible for any damages that occur. If you are hit by a tow truck, you can file an insurance claim or Roanoke truck accident lawsuit against the at-fault party and recover compensation for your damages.
Determining liability can be a complex process. Depending on the cause of your accident, you could name any of the following parties in your claim:
- Tow Truck Driver: If the accident was due to driver error or negligence, the driver is likely liable. This includes situations like distracted driving or failing to adhere to traffic laws.
- Tow Truck Company: The company may be liable if the accident resulted from inadequate training, poor maintenance, or other oversights.
- Vehicle Manufacturer: In cases where a mechanical failure led to the accident, the manufacturer of the tow truck or its parts could be held responsible.
- Other Drivers: Sometimes, other motorists’ actions can contribute to an accident involving a tow truck. In these situations, you would pursue a claim against the party who was primarily responsible for the accident.
What Compensation Can You Recover in a Tow Truck Claim?
After a tow truck accident, the compensation you may be entitled to generally falls into two categories: economic and non-economic damages. While economic damages cover your tangible, financial losses, non-economic damages account for the physical and emotional suffering that you endured.
Some of the recoverable damages in tow truck claims include:
- Medical Expenses: Your settlement can help cover hospital bills, medication costs, and ongoing treatment expenses. You can recover compensation to pay for your past and future medical care.
- Lost Wages: If the accident impacts your ability to work, you can recover compensation for lost wages and benefits. This includes immediate loss and potential future earnings if the accident affects your ability to work.
- Pain and Suffering: The physical pain and emotional distress caused by the accident can be just as damaging as the financial toll, if not more. Your settlement may include pain and suffering damages to address this impact.
- Property Damage: You can recover compensation to pay for the repair or replacement of your vehicle and other personal property damaged in the accident.
Speak to a Virginia Tow Truck Accident Lawyer
Navigating the aftermath of a tow truck accident can be complex and overwhelming. In these situations, a Roanoke personal injury lawyer can provide the guidance and representation that you deserve. If you’ve been involved in such an incident, don’t hesitate to reach out to a truck accident attorney and learn more about your legal options.