Each year, Virginia’s roads and highways see millions of miles traveled. Unfortunately, this can lead to thousands of serious auto accidents.
In 2020, large trucks were involved in 2,356 crashes in Virginia. Though only 15 truck drivers and 1 truck passenger were killed in these crashes, those inside of the smaller vehicles they struck often weren’t so lucky.
Nationwide, more than 7 in every 10 deaths in large truck accidents involve occupants of other vehicles. Truck crashes are also more likely to cause serious or catastrophic injuries than accidents involving other passenger vehicles. These injuries, along with the cost and degree of care needed afterward, can be life-altering.
Breit Biniazan wants you to know your rights after a crash. That’s why we work with you to make sure you understand the factors that may cause a truck accident, who may be responsible, and what damages you can recover if a trucking accident has affected you or someone you love.
Figuring out what caused a crash makes it easier to find the liable party and hold them accountable. Every crash is different, but there are a few factors that can make a crash more likely.
Driver Fatigue
Commercial truck drivers are required to follow federal hours-of-service regulations—the maximum amount of time drivers are allowed to spend on the road within a 24-hour period.
Under these regulations, drivers must take a break that’s at least 30-minutes every 8 hours. They’re also limited to a maximum of 11 hours of consecutive driving—and only after spending at least 10 hours off duty. Drivers can’t drive beyond the 14th hour after they’ve come on duty, even if they took frequent breaks during this period.
Unfortunately, drivers may still be vulnerable to fatigue, inattention, and sleepiness after spending so much time behind the wheel each day.
Drivers who violate hours-of-service regulations can put themselves and others at serious risk.
Although it’s a driver’s responsibility to abide by hours-of-service regulations, a trucking company may also be liable if there’s evidence that the company encourages drivers to falsify their hours of service or knew of the falsification and chose to look the other way.
Distracted Driving
Because commercial trucks are larger and take longer to stop than passenger vehicles, a truck driver who removes their eyes from the road for even a second could be risking a crash. This is one reason why federal regulations restrict truck drivers from using any handheld mobile devices while driving.
But talking or texting on a cell phone isn’t the only way for drivers to become distracted. Eating, applying makeup, using the radio, or even talking to a passenger can all cause drivers to pay less attention to the road in front of them, increasing the risk of a crash.
Oversized or Poorly Secured Loads
Drivers are responsible for ensuring their cargo remains secure and doesn’t overload the vehicle.
An improperly-balanced load can make the driver’s job much harder. If a load is lopsided or skewed too far forward or backward, the driver could lose control of the truck and collide with another vehicle. Additionally, an improperly-secured load could come loose and create a roadway hazard.
This lower BAC threshold reflects the greater risk of serious harm if a driver’s reaction times are even mildly impaired by alcohol consumption.
Who is Responsible for Truck Crashes?
Responsibility for an accident depends entirely on the cause of the crash, and more than one person or party may be responsible for the injuries you’ve sustained. Some potential parties that may be responsible include:
The Truck Driver
Any drivers who were involved in the accident may be to blame if it resulted from their:
Drunk or distracted driving
Improperly loaded cargo
Exceeding hours-of-service limits
Driving too quickly for weather conditions
Any other driver errors
The Trucking Company
In some cases, both the truck driver and their employer may be liable for damages from an accident. Some examples of when a trucking company may share responsibility include when the company:
Pressures the driver to work past the regulated hours of service
Fails to adequately screen, train, or supervise its drivers
Ignores or covers up its drivers’ safety or regulatory violations
Trucking companies are responsible for ensuring the drivers they employ are abiding by all motor carrier laws and regulations. When a trucking company falls short in this duty, it can be legally responsible for any damages that result.
Manufacturers and Repair Shops
Sometimes an accident occurs not because of the truck driver or trucking company’s error, but because of mechanical failure of one or more truck components. This could include:
Faulty brakes
Defective tires
Weak load straps
Defects in cab and trailer coupling systems
Recalled truck components
In these situations, the manufacturer or another third party may be responsible for the truck’s dangerous condition. This category can encompass both design and manufacturing defects.
Determining responsibility for an accident can be challenging. Your truck accident attorney will work to find evidence to support your claim, including dash-cam or surveillance videos, witness statements, police reports, and crash-scene photos.
How Long Do You Have to File a Trucking Accident Lawsuit?
However, there are many exceptions to this statute of limitations, and you shouldn’t assume your case can’t be litigated just because more than two years have passed. A trucking accident attorney can assess the facts of your case and help you decide the best path forward.
What Damages Are Available?
If your lawsuit is successful, you may be able to recover compensation. Trucking accident damages fall into two main categories: compensatory and punitive.
Compensatory damages are designed to compensate you for your actual losses. They may include:
Medical expenses
Property damage
Cost of future medical treatment
Lost wages
Loss of earning ability
Rehabilitation or physical therapy costs
Funeral costs (if the accident resulted in death)
Any other costs associated with the accident
Punitive damages are intended to punish the at-fault party and prevent similar behavior from recurring in the future.
These damages are reserved for cases in which the defendant’s behavior is especially egregious—such as encouraging drivers to break the law or failing to discipline drivers with serious safety violations. Unlike compensatory damages, an award of punitive damages doesn’t need to be based on costs the victim has incurred.
An experienced personal injury lawyer can help you assess whether you’re entitled to compensation and what damages you should seek.
Contact a Trucking Accident Attorney
When you need quality truck accident representation, Breit Biniazan is here to help. Our dedication and professionalism will ensure that your case is looked after by trained professionals whom you can trust.
We’ll work with you to assess your case, explore your options, and help you decide the options that are best for you. To get a free, confidential case evaluation, contact us online or call our experienced legal team at (855) 659-4457 today.
Why You Should Hire a Truck Accident Attorney
Being involved in a truck accident can be a life-changing event. You may be facing serious injuries with a long recovery ahead of you.
And because truck accident cases can be much more complicated than other auto accident cases, it’s crucial to hire an attorney with truck accident experience. Below, we discuss six important reasons you should hire a truck accident attorney, including:
The average semi cab can weigh up to 25,000 pounds, while a fully loaded semi trailer can weigh up to 80,000 pounds.
When a semi collides with a 2,000 or 3,000-pound car, the outcome can be devastating for the car’s occupants.
What’s more, semi trailers and other large trucks have a much longer stopping distance than smaller vehicles. They also don’t maneuver well. This may make accidents more likely when you’re traveling on congested highways.
Because trucks cause more serious, catastrophic injuries and generate more financial damages, truck accident cases are higher stakes than most car accidents.
An experienced attorney can help you navigate and demystify this process.
There May Be Multiple Parties Involved
If you’re injured in a truck accident, you have the right to recover financial damages from anyone responsible. To recover damages, you’ll need to prove three things:
Duty (the party had a duty of care toward you)
Breach (the party breached this duty)
Damages (this breach caused you injury)
Often, this liability goes beyond the at-fault driver.
The more potential parties that may be involved, the more complex the case becomes, and the more you need an attorney with specific truck-accident experience.
For many car accidents, damages are pretty straightforward. You may be able to recover the cost to repair your vehicle and whatever medical expenses you’ve incurred.
But huge, heavy trucks can cause major damage—and not all this damage may be immediately apparent.
If your injuries are life-changing, you may not know whether you’ll achieve a full recovery. You could be facing significant medical expenses, physical therapy or rehab, or an extended period of time off work.
You might not be able to return to work, which means that a damages award will need to compensate you for your lost earning capacity.
It’s important for your attorney to have experience in investigating and developing the evidence you’ll need to recover full compensation for your losses.
The Trucking Industry Has Many Rules and Regulations
From hours-of-service regulations to sleep apnea testing, the trucking industry is heavily regulated by the federal government.
Agencies like the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) have strict rules and regulations all truckers must follow.
Often, negligence and a DOT or FMCSA regulation violation can go hand-in-hand.
For example, a driver who regularly violates the FMCSA’s hours-of-service regulation or uses illegal drugs while driving is far more likely to be involved in an accident.
Experienced attorneys are well-versed in these regulations, as well as the common causes of trucking accidents. This working knowledge allows your lawyerto more easily identify any potential claims that can be brought.
Trucking Insurance is Complex
Trucking insurance can be just as complex as the broad web of federal trucking regulations.
And even in cases where liability is clear, the trucking company’s insurer has a vested interest in settling a claim as cheaply as possible. This can mean making lowball offers or dragging a claim out for years to pressure you into settling.
You need attorneys who have the skills and resources to fight back against trucking companies and their well-funded insurers.
Your Attorney Can Develop the Best Legal Strategy
If you’ve suffered serious injuries in a truck accident, it’s important that your attorneys have the expertise to fight for the compensation you deserve. Trial strategy can be important, especially if your case goes to a jury.
Since 1979, the experienced personal injury accident attorneys at Breit Biniazan have helped our clients recover hundreds of millions of dollars. We can help you too, whether you decide to file a truck accident lawsuit or negotiate directly with the other party’s insurance company. To set up a free consultation, contact us online or call us at (855) 659-4457.
Trucking Accidents in Virginia
Trucking is big business in every sense of the word. The industry accounts for 70% of all US shipping and generates $700 billion in revenue annually1. Nearly 8 million people are employed by the industry, including 3.5 million drivers. But unfortunately, this big industry also has big consequences.
In 2018, there were nearly 500,000 crashes involving large trucks in the US2, 4,451 of which were fatal. Eighty-two percent of those deaths were not the truck drivers themselves, but passengers and drivers in other cars involved. The World Health Organization estimates that all road traffic accidents are the eighth leading cause of deaths worldwide.
In Virginia, trucking crashes are on the rise. There were 11,976 crashes involving a large truck in Virginia between 2016 and 20204. Because of a variety of factors—from increased online shopping and shipping to changes in driving habits because of COVID-19—experts estimate trucking accidents in Virginia will only continue to increase.
In Virginia, trucking crashes are on the rise.
In order to change these statistics, we must first understand the data behind them and their causes.
In order to change these statistics, we must first understand the data behind them and their causes. This study is intended to provide both the general public and those in the trucking industry with crash data and causes in Virginia.
Citizens can use this study to cultivate awareness and stay safer. Public officials can cite the data for policy changes. Lawyers can use this information to protect their clients and bring them justice in court. In doing so, we hope to change the future of trucking in Virginia for the better.
Part I: Number of Trucking Accidents in Virginia Statistics
Every day, large trucks, passenger cars, and pedestrians are involved in accidents on Virginia’s highways and streets. Known as a “Large Truck Involved Crash,” this is any crash that involves at least one driver of a large truck (tractor trailer, semi, or double).
With more trucks on the road, these crashes are on the rise.
In 2010, there were 1,971 accidents involving trucks on Virginia’s roads.
Comparatively, in 2018—the year with the largest number of Virginia trucking crashes to date—there were 2,540 such accidents5.
That’s an increase of nearly 30% over just eight years.
The rise in the number of trucking accidents in Virginia isn’t the only matter of concern. The rise in the number of fatal trucking accidents in the state is particularly worrisome.
“One of the more troubling things we’re seeing, both nationally and in Virginia, is that over the past decade, the number of crash deaths involving a large trucks has increased much more than the number of crash deaths not involving a truck,” says Eric Teoh, director of statistical services at the Insurance Institute for Highway Safety.
“Nationally, there’s been a 21% increase for truck-involved [fatalities] versus a 9% increase [in non-truck-involved fatalities]. And in Virginia, that’s 25% versus 11%,” Teoh explains.
The increase in fatalities in Virginia trucking accidents is drastically increasing when compared to accidents involving passenger cars alone.
Key Findings
There were 23,817 crashes involving large trucks in Virginia from 2010 through 20205.
Those crashes resulted in 549 fatalities5.
Trucking accident fatalities in Virginia increased significantly in 2020 to 65 (a 25% increase from 2019)4.
Most trucking accidents in Virginia involve multiple cars (78% between 2016 and 2020)4.
Number of Trucking Accidents in Virginia
The data regarding the number of trucking accidents annually in Virginia indicates a gradual but steady increase in these crashes every year. The most recent data indicates there were some 2,356 trucking crashes involving trucks in 20204, which further bolsters this trend of 2,000+ such accidents annually in Virginia.
Experts like Teoh theorize that the increase in trucking accidents nationwide and in Virginia may be attributable to a number of factors. Among them are economic prosperity and an increase in shopping and shipping, which brings more cars to the road. The increase in speed limits and speeding may also be contributing to the rise in trucking crashes.
Number of Trucking Accident Fatalities in Virginia
As Eric Teoh of the Insurance Institute for Highway Safety pointed out, the most troubling statistic around the increase in trucking accidents is the correlative increase in fatalities. In 2011, there were only 38 trucking fatalities in Virginia5. Fatalities in 2020 skyrocketed to 654. That indicates an increase in fatalities of nearly 80%.
Teoh admits that experts don’t yet fully understand the reasons for this increase in fatalities.
He theorizes, “Passenger vehicles themselves have gotten a lot safer, but when you hit a truck, maybe that’s more than the safety structures can handle.” He also points out that these increases could be the “dark side of an improving economy” or attributable to increases in speeding.
Number of Trucking Accident Injuries in Virginia
Whereas the number of trucking accidents and their resulting fatalities may be on the rise, the number of injuries resulting from these injuries has been consistent in recent years. At first glance, this is an encouraging statistic.
However, the consistency in the number of trucking accident injuries may correlate to the increase in fatalities.
“Large trucks are huge, so injuries do tend to be more severe or fatal,” says Teoh. It is possible that trucking accidents that are serious enough to cause injury may instead result in fatalities.
Multi-Vehicle and Single-Vehicle Trucking Accidents in Virginia
The majority of crashes involving large trucks do involve multiple vehicles. Data also indicates that multi-vehicle crashes involving trucks can be more deadly for passenger vehicle occupants.
Part II: Trucking Accidents in Virginia by Location
There are clear patterns regarding the location of trucking accidents in Virginia. As Eric Teoh of the Insurance Institute for Highway Safety points out, “Trucking crashes tend to occur where trucking traffic tends to occur, which is largely interstate and other non-interstate major roads.”
According to the DMV’s Virginia Highway Safety Office, “Crashes on interstates have increased 12%. From 2016 to 2020, 56% [of trucking accidents] were interstate crashes4.” Conversely, they say, “Non-interstate crashes have decreased.” The crashes in that time period occurred primarily on three major interstates in Virginia: I-64, I-81, and I-954.
When considering crash data across Virginia’s jurisdictions, areas with high numbers of trucking crashes correlate to areas with interstates. However, the problem of trucking accidents in Virginia is widespread. Of Virginia’s 133 jurisdictions, 131 had at least one large truck crash from 2016 to 2020.
Understanding the patterns of crashes in Virginia can help drivers of trucks and passenger vehicles alike cultivate awareness around high-crash areas. By driving more safely, especially following speed limits, in these areas, drivers may be able to decrease the likelihood of a crash.
Key Findings
131 of Virginia’s 133 jurisdictions had a large truck crash between 2016 and 20204.
From 2016 to 2020, 56% of trucking crashes in Virginia occurred on interstates4.
Of those interstate crashes, 77% occurred on I-64, I-81, and I-954.
From 2016 to 2020, trucking crashes on I-95 increased by 27%4.
At 872, Fairfax County had the highest number of truck-involved crashes between 2016 and 20204.
Trucking Accidents on Virginia Major Roads, Highways and Interstates
Trucking accidents occur most frequently on major roads, highways, and interstates. That is because these are the major thruways for trucks carrying and delivering loads across states and the country.
Almost all of Virginia’s counties had trucking accidents between 2016 and 2020. Of the 133 jurisdictions in Virginia (which includes 95 counties and 38 independent cities), 131 had large truck accidents in this time period4.
While almost no area of Virginia is unaffected by trucking accidents, there are areas where trucking accidents are more frequent.
According to the DMV’s Virginia Highway Safety Office, 73% of the jurisdictions had less than 100 large truck crashes, 21% had between 100 and 300 crashes, and 6% had over 300 crashes4. Further, “The top five jurisdictions with the most crashes accounted for 21% of all crashes from 2016-2020. The top 10 accounted for 34%4.”
It is important for truck drivers to take extra precautions when navigating work zones, including:
Pay close attention to signage.
Watch for flaggers.
Leave plenty of room between yourself and the car ahead to avoid a crash.
Be prepared for sudden stops or slowdowns.
Switch lanes well in advance of lane closures.
Watch for other drivers entering your lane.
If possible, avoid work zones via alternate routes.
Part III: Trucking Accidents in Virginia by Time, Day, & Season
Just as it is important to recognize the patterns in trucking accident locations, it is also important for motorists to understand the times these crashes are more likely to occur. Doing so helps drivers to raise their awareness during the times, days, and seasons in which trucking accidents are most common, therefore preventing future trucking accidents.
Trucking accidents occur more frequently on the interstate during the weekends because that’s when truck drivers are more likely to make long drives, for which they would use interstates.
Trucking accidents also occur most frequently during working hours, when both more cars and trucks tend to be on the road.
Key Findings
Trucking accidents in Virginia occur most often during working hours (9 a.m.–6 p.m.)4.
Fewer than 10% of trucking accidents in Virginia occur during the weekends4.
Trucking accidents are no more or less likely to occur in one month or season.
Trucking Accidents in Virginia by Time of Day
Time Period
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Total
Midnight – 2:59am
61
83
122
95
115
127
105
708
3:00am – 5:59am
65
154
147
158
153
148
118
943
6:00am – 8:59am
72
311
359
335
335
277
137
1,826
9:00am – 11:59am
85
327
373
347
372
381
132
2,017
Noon – 2:59pm
150
359
400
393
401
405
147
2,255
3:00pm – 5:59pm
136
354
382
418
409
360
108
2,167
6:00pm – 8:59pm
105
208
216
217
193
172
86
1,197
9:00pm – 11:59pm
89
136
132
153
154
138
61
863
Total
763
1,932
2,131
2,116
2,132
2,008
894
11,976
Large Truck Involved Crash Data, VADMV
Trucking accidents occur in Virginia at all different times of day. However, there are certain periods of time when trucking accidents are more likely to occur. These times correlate to working hours when truck drivers (and passenger cars) are more likely to be on the road.
According to the DMV’s Virginia Highway Safety Office, most crashes occurred during the workweek between the hours of 9 a.m. and 6 p.m.4 Of the 11,976 trucking crashes that occurred in Virginia from 2016–2020, 6,439 occurred during this nine-hour span of time.4
It is also notable that one of the leading causes of trucking accidents is exhaustion, which may contribute to the still considerable number of accidents that occur between 6 p.m. and 9 a.m.
Trucking Accidents in Virginia by Day of the Week
When analyzing the number of trucking accidents in Virginia by the day of the week, a trend is immediately evident: Trucking accidents occur more frequently on weekdays than weekends.
This is because on weekdays, truck drivers are more likely to be on the road, driving between destinations and making deliveries. Weekdays are also more popular days for passenger cars to be on the road, commuting to and from work. Between 2016 and 2020, weekends accounted for less than 10% of trucking accidents in Virginia.4
Trucking Accidents in Virginia by Month and Season
Between 2016 and 2020, trucking accidents occurred slightly more often in the second half of the year than in the first half of the year. Crashes also increased marginally in November and December, which could correlate with an increase in holiday shopping and shipping during those months, which increases the likelihood of large trucks on the road.
While it might be expected that wintery weather might increase the likelihood of a truck accident, that does not appear to be the case. In fact, according to the DMV’s Virginia Highway Safety Office, “Most crashes occurred without any adverse weather conditions.4”
Part IV: Causes of Trucking Accidents in Virginia
There are numerous causes of trucking accidents in Virginia, from manufacturing errors to road conditions, but the most common causes are less measurable: “In terms of trucking crashes, it’s a lot like any other type of crash, it’s mostly human error (not always on the part of the truck driver),” says Eric Teoh of the Insurance Institute for Highway Safety.
According to the DMV’s Virginia Highway Safety Office, between 2016 and 2020, of the 12,775 large truck drivers involved in a crash, 48% of those drivers had an improper driver’s action which contributed to the crash4. Similarly, of the 10,736 other vehicle drivers involved in a trucking crash, 47% of those drivers had an improper driver’s action which contributed to the crash4.
While human factors may account for the majority of trucking accidents, there are many risk factors that are out of drivers’ control. These include environmental factors, such as road conditions or weather, manufacturing or maintenance issues, such as faulty brakes or tire defects, and problems with cargo.
Key Findings
Human factors—such as speeding, unsafe lane changes, and following too close—are the most common causes of trucking crashes caused by both large truck drivers and passenger vehicle drivers.
Speeding is particularly high risk and is the most common risk factor by both truck and passenger vehicle drivers.
Nationally, distracted driving caused 3,142 fatalities in 2019 alone.
Manufacturing or maintenance issues are also a high risk for truck drivers. Faulty brakes were 170% more likely to be identified as the critical reason for a crash compared to a truck that was not identified as having brake problems.
Human Factors in Trucking Accidents in Virginia
Speeding
Speeding is on the rise, and it’s contributing to more accidents, including trucking crashes.
“Another trend that’s of concern […] is a big increase in speeding as traffic volumes went down and have stayed somewhat lower,” says Teoh, speaking to early data from 2020 and 2021. “For everybody, speeding is just bad news in terms of safety.”
Distracted driving might include using a cell phone, eating, utilizing navigation or stereo equipment, or simply not paying attention.
Texting, for example, distracts drivers for an average of five seconds. If the driver is traveling at 55 miles per hour, that’s the equivalent of driving the length of a football field without looking at the road.
It’s vital that both truck drivers and passenger car drivers prioritize driving over other activities.
Exhaustion/Impairment
The Federal Motor Carrier Safety Administration, in its 2018 Large Truck and Bus Crash Facts, indicates that “Impairment (Fatigue, Alcohol, Illness, etc.)” was the second most common risk factor in passenger vehicle drivers.2
Environmental Factors in Trucking Accidents in Virginia
Weather
According to the DMV’s Virginia Highway Safety Office, the majority of trucking crashes in Virginia between 2016 and 2020—81%—occurred at a time without adverse weather conditions.4 However, adverse weather conditions were present in 2,286 crashes during this time period.
A variety of weather conditions can affect the driving of a large truck. Strong crosswinds can cause a truck to sway or cross lanes. Fog obscures truck drivers’ vision, which can be particularly dangerous because it takes them longer to slow down when braking. Rain, snow, sleet, or hail can cause truck tires to lose traction.
Losing control of the vehicle is a common cause of trucking accidents. One factor that can cause a driver to lose control of his truck is the road’s condition. This could include potholes, standing water, ice, broken pavement, frost heaves (bumps in the road caused by the freezing and thawing of water in the road), or objects in the road. The NHTSA’s report found that this was a factor in some 4% of the accidents they studied.9
Construction
Construction zones are dangerous areas for drivers and workers alike. With congested traffic patterns, lane closures and changes, frequent changes in speed limiting (especially decreased speed limits), narrow roads, and workers entering the roadway, there are many risk factors that could lead to a trucking accident in these areas.
The FMCSA found that congestion was one of the top ten causes of trucking accidents in their Large Truck Causation Study.11 If an accident leads to congestion, it could also leave dangerous debris or close a lane, which could cause another accident. These incidents may also distract other drivers on the road, which can affect the quality of their driving and therefore increase the likelihood of an accident. Any changes in traffic can cause accidents for passengers and truck drivers alike.
Vehicle Design & Maintenance Factors in Trucking Accidents in Virginia
Brake Problems
Even when truck brakes are in optimal condition, it takes trucks 20% to 40% further to come to a full stop than cars. That percentage only increases in adverse weather conditions. When brakes are not well-maintained, then the space it takes to stop a truck is even more dangerous.
Tire blowouts are particularly dangerous critical events in trucking accidents. Unlike a flat tire, a tire blowout is not gradual and easy to address. Tire blowouts occur when a truck tire suddenly ruptures or bursts. When these events occur, a truck driver can quickly lose control of his vehicle. The shredded tire can also fly into the path of other drivers, causing accidents.
Improper Maintenance
It is recommended that trucks receive maintenance every 10,000 to 20,000 miles. This helps prevent some of the physical defects described above that can lead to accidents. Drivers are also required to fill out a daily post-trip inspection report and note any defects. The motor carrier or agent is then required to certify that the defect has been fixed. When these regular maintenance and inspection protocols are not met, the driver endangers others on the road, leading to accidents.
Manufacturing or Design Defects
Trucks are complex and heavy machines, and when they are not properly designed, it can result in dire consequences. There are a number of manufacturing or design errors that can lead to accidents. Some of these might include brake defects, substandard tires, steering column problems, and engine and transmission defects. If these problems are present in trucks when they hit the road, they can cause accidents that endanger the truck driver and surrounding passenger cars.
Cargo
A truck’s cargo can be responsible for trucking crashes. If the cargo shifts during the drive, it can cause a dangerous imbalance in the truck that can cause accidents. According to the FMCSA, this occurred in some 4% of crashes in their study.11 Overloading or the improper loading of cargo can cause similar repercussions. These cargo problems often cause the truck to roll over. According to the IIHS, 47% of large truck occupant deaths occurred when the truck rolled over.6
Finally, hazardous cargo can be particularly dangerous if an accident occurs. Explosives, gasses, hazardous liquids, poisons, and other dangerous cargo can cause serious damage if the truck is involved in an accident.
Part V: Results and Injuries
The DMV’s Virginia Highway Safety Office reports that, between 2016 and 2020, “276 people were killed and 5,986 injured in large truck-involved crashes.”4
“Large trucks are huge, so injuries do tend to be more severe or fatal,” Teoh of the IIHS says. “A lot of times, when a truck is involved in a fatal crash, it’s not the truck driver or occupant that’s killed.” Drivers and passengers in other vehicles are vulnerable because trucks usually weigh 20 to 30 times as much as a passenger vehicle.
A particularly dangerous type of accident is an underride accident, or when a passenger car drives under a truck.
“If you go under the truck, you’re not allowing those energy absorbing structures of the car to do their job. And then, even worse, you’re often colliding with the truck at the level of the windshield, which can result in horrific injuries, including decapitation,” Teoh says.
If those in passenger cars are lucky enough to survive a trucking accident, the sheer size of the truck is still likely to cause serious injuries. It may take thousands and thousands of dollars of medical treatment and rehabilitation for these victims to recover. Their injuries may also prevent them from returning to work or their normal, day-to-day life.
Common Trucking Accident Injuries
Depending on the severity of the trucking crash, truck drivers and those in passenger vehicles alike can experience injuries that are debilitating and life-changing. Common trucking accident injuries include:
The Emotional and Mental Repercussions of a Trucking Accident
If you or a loved one were involved in a trucking accident, the physical results of the accident will likely be your priority. However, there are long-term mental and emotional repercussions to consider.
In many cases, victims of trucking accidents are not able to return to work while they recover, if ever. In this case, they will need to account for the wages lost during their recovery. Many victims also experience emotional and mental pain and suffering after their accidents, including depression or PTSD.
Part VI: Preventing Trucking Accidents in Virginia
Trucking accidents occur in Virginia every day for a variety of reasons. Sometimes the truck driver is at fault, at other times the passenger vehicle driver, and at other times a third party, such as a manufacturer, is to blame.
With so many potentially liable parties and circumstances, the prevention of trucking crashes may seem impossible. However, by raising awareness for all parties on the road and the role they could potentially play in these accidents, we can substantially minimize the risk of trucking accidents in Virginia.
Trucking Accident Prevention for Passenger Vehicles
Give big trucks ample space. When following behind a large truck, always make sure there’s plenty of room between you and the truck to stop safely if traffic slows. When merging in front of a truck, make sure there’s plenty of room between you and the other vehicle. And when they’re turning, remember that trucks need more clearance than cars, and give them the space to turn safely.
Be aware of trucks’ blind spots. Trucks have larger blind spots, especially on their passenger side, so you should always pass trucks on the left. If you can’t see the truck driver’s face in their mirrors, they can’t see you, so operate carefully around them.
Don’t drive distracted. This is a key rule for all drivers. Whether you’re texting, tired, or changing the radio station, the time you spend not paying attention to the road is time you endanger yourself and those around you.
Don’t speed. When asked how to prevent trucking accidents, Teoh says, “Reversing the trend in increasing speed limits and increased speeding will help everybody, including trucks and anyone that unfortunately has to collide with them.”
Trucking Accident Prevention for Truck Drivers
Plan your route in advance. If you’re driving somewhere new, there may be hurdles along the way that your GPS doesn’t predict, such as low overpasses. By studying a map in advance, you’ll be able to best route your trip and avoid distracted driving. You should also reach out to your delivery location to see if they know of any hazards along the route, especially near your destination.
Prioritize rest. For some drivers, when you’re coming up against a deadline or overtime, it can be easy to overwork. However, there are strict regulations regarding driving times for a reason—they help keep you and others on the road safe. Always pull over when you feel drowsy, and be sure to get plenty of rest.
Know your truck and cargo. You should know your truck inside and out so that when something goes wrong, such as a brake or steering problem, you’ll be able to recognize the issue and act accordingly. Similarly, you should know what cargo you’re towing so that if there is an emergency, you can protect those around you—and yourself—from any situation that might involve hazardous cargo.
Perform a pre-trip inspection every time. Before every trip, you should check out your rig to make sure it’s in top condition. That means checking brakes, steering, wipers, tires, horn, lighting, mirrors, coupling devices, and emergency equipment.
Trucking Accident Prevention for Manufacturers & Organizations
Install side and rear underride guards. Most trucks currently use rear underride guards, which has substantially decreased the risk of serious injury in underride accidents. Requiring the installation of side underride guards could have similar positive impacts. “We did a study showing that the side underride guards could reduce injury risk by about three quarters in serious side crashes with trucks,” Teoh says.
Invest in new tech. “There are a lot of other technologies out there, like blind spot warning, lane departure warning, and adaptive cruise control, and these have a lot of potential [for preventing trucking crashes],” says Teoh of the IIHS. “Expanding the use of automatic emergency braking, including mandating it on new trucks, [is] a very promising strategy. We just did a study showing that that’s very effective at preventing rear-end crashes by about 40%.”
Enforce inspection regulations. “Speaking to those inspection violations, continuing our enforcement efforts is important,” Teoh says. “That’s not to say that most carriers or drivers are doing things wrong—most of them are not—but catching the ones that do do things wrong is important.”
About Breit Biniazan
As Virginia’s preeminent trucking accident law firm, Breit Biniazan understands the wide-sweeping repercussions of trucking crashes. Every year, we support clients whose lives have been altered by a trucking crash—loved ones lost, careers ruined, body and soul forever changed.
But we have also witnessed the power of knowledge and support for these trucking accident victims. We are dedicated to using the data around trucking accidents to bring justice to the lives of our clients, but we’re also dedicated to using this data to change the future of trucking in Virginia.
Together, we can understand and prevent trucking accidents in Virginia. It is our hope that this study is the first step in doing so.
Insurance Institute for Highway Safety, “Fatality Facts 2019: Large trucks.” 2019. https://www.iihs.org/topics/fatality-statistics/detail/large-trucks#comparison-of-large-truck-and-passenger-vehicle-crashes
There are many common causes of trucking accidents. Overloaded cargo trucks can experience tire blowouts and tip over due to too much weight. External loads can also result in road obstructions and windshield damage.
What are the most common causes of truck accidents?
1. Driver mistakes or negligence is the most common cause of transportation accidents, accounting for around 85% of all trucking accidents.
2. Mechanical failure is the second most common cause of trucking accidents, accounting for around 9% of all trucking accidents.
3. Weather conditions are the third most common cause of trucking accidents, accounting for around 5% of all trucking accidents.
4. Road conditions are the fourth most common cause of trucking accidents, accounting for around 3% of all trucking accidents.
5. Driver weariness is the fifth most common cause of transportation accidents, accounting for around 2% of all trucking accidents.
6. Driver distraction is the sixth most common cause of transportation accidents, accounting for around 1% of all trucking accidents.
7. Driver impairment is the fifth most common cause of trucking accidents, accounting for around 1% of all trucking accidents.
Driver Fatigue
Truck drivers play a vital role in our economy, transporting goods across long distances. However, the job can be demanding, with many drivers working long hours to meet tight schedules. This can lead to fatigue, and research has shown that sleep deprivation is a major factor in truck accidents. In one study, 20% of truck drivers admitted to falling asleep at the wheel in the previous year.
The study also found that those who slept for less than five hours a day were twice as likely to be involved in an accident as those who slept for seven hours or more. As the number of goods transported by truck continues to grow, it is essential that measures are taken to ensure the safety of these drivers. This includes ensuring that they have adequate rest breaks and providing them with training on how to manage fatigue.
Distracted Driving
Distracted driving is a common cause of accidents, and it is especially dangerous for truck drivers. The size and weight of their vehicles mean that truck drivers have less time to react to potential hazards, and they can cause serious damage if they are involved in an accident.
There are many different types of distractions, but the most common ones include using a cell phone, eating or drinking, talking to passengers, and looking at something other than the road.
Speeding
Speeding is another cause of trucking accidents. When a truck is travelling at a high speed, it generally takes longer to stop than a car would. This can be especially dangerous if the truck is carrying a heavy load, as it will take even longer to come to a stop.
Additionally, speeding can make it more difficult for the driver to control the truck, increasing the risk of an accident. While speeding may help a driver arrive at their destination more quickly, it is simply not worth the risk. Drivers who choose to speed should be aware of the dangers and be prepared to accept the consequences if an accident does occur.
Aggressive Driving
Aggressive driving behaviours from truck drivers, such as tailgating or cutting off other vehicles, can have serious consequences. When truck drivers engage in these behaviours, they put themselves and everyone else on the road at risk.
In addition to increasing the likelihood of an accident, aggressive driving can also lead to increased wear and tear on the truck itself. Over time, this can result in mechanical problems that can jeopardize the safety of the truck and its cargo. For these reasons, it is essential for all truck drivers to practice safe driving habits at all times.
Mechanical Failures
Mechanical failures can also lead to serious accidents. One of the most potentially dangerous mechanical failures is brake failure. Truck brakes are subject to a great deal of stress and wear and tear, and if they are not properly maintained, they can fail when they are needed most.
In addition, improper loading of a truck can also lead to brake failure. When a truck is overloaded, the brakes have to work harder to stop the vehicle, and this can lead to overheating and eventual failure. If you are involved in a trucking accident caused by brake failure or any other type of mechanical failure, you may be able to hold the trucking company liable for your injuries.
When you’ve been involved in an accident involving a tractor trailer, there is often a considerable potential for devastating injuries and astronomical costs due to the size and weight of tractor trailers. For many, it can be overwhelming to sort through the details of the accident to pursue compensation with so much focus needed on regaining their health.
Building a good case against the truck driver or company responsible for your accident is imperative when it comes to getting the compensation you deserve after such a severe incident.
Knowing how to build a compelling case requires detailed knowledge of injury law and depends on having experienced lawyers who can represent you.
Establishing Negligence in a Tractor Trailer Case
In order to prove negligence in a tractor trailer case, it is important to understand how the laws of negligence work. Negligence consists of four elements that must be proven in order to establish it as a cause of an accident: duty, breach, causation, and damages. Each element must be demonstrated with clear facts and is critical for proving the negligence of a party in this kind of case. In addition, there may be several parties with liability in a trucking case that will need to be investigated in order to maximize compensation.
Collecting Evidence in a Tractor Trailer Case
While many accidents involving a tractor trailer are not the fault of the driver, it is crucial to document the accident as thoroughly as possible. You can also notify the insurance company about the accident. Be sure not to discuss fault or sign anything until you’ve consulted a personal injury attorney. If you were hurt in a tractor trailer accident, time is of the essence. It is critical that you seek legal representation immediately.
What are the Key Elements of a Strong Tractor Trailer Case?
When filing a claim for a tractor trailer accident case, the key elements that an attorney must pay close attention to include establishing liability, reviewing evidence and proving damages. The claimant’s attorney should consider the driver’s qualifications and experience before taking on the case.
Additionally, thoroughly examining the logistics of how the accident occurred will help in solidifying any fault involved with either drivers or truck companies. It is also critical to ensure that all witnesses are accounted for, including those from both vehicles involved in the collision as well as nearby bystanders who witnessed what happened.
Furthermore, if there are injuries resulting from the accident, medical records and treatment plans should be reviewed in order to determine compensations for bodily harm. Securing enough evidence to back up each account is essential to having a successful case in court.
What are some Common Mistakes that can Weaken a Tractor Trailer Case?
To create a successful legal case for a tractor trailer accident, you should avoid making some key mistakes that can weaken the argument. Common mistakes include
failing to obtain evidence from witnesses or from video recordings
overlooking potential evidence during physical inspections or in maintenance records of the semi-truck itself
settling before discovering all parties involved
misrepresenting certain pertinent facts about your incident
These are all mistakes that can be avoided, and making sure not to commit them is essential when pursuing a solid case as part of your tractor trailer lawsuit. The attorneys at Breit Biniazan have experience in investigating, pursuing and getting results for tractor trailer accidents.
Determining Liability in Truck Accidents: Who Can Be Held Accountable?
Who Is Liable In a Truck Accident?
Truck accidents might seem like a terrifying but rare nightmare, but they are shockingly common, even here in Virginia. Due to the sheer size and weight of large commercial trucks, they tend to cause extensive damage when they collide with other vehicles.
If you or a loved one were injured or killed in a Virginia trucking accident, you deserve justice; if your accident was the result of the negligence of someone involved with the semi-truck, you can and should hold them accountable for the damages by filing a personal injury or wrongful death lawsuit. But determining who is liable in a truck accident may be more difficult than you’d think.
Understanding Who is Liable in a Truck Accident
In a typical car accident, those involved typically know who is liable, and it’s fairly easy to hold them accountable because they own their vehicle and personally have it insured.
Truck accident cases are often complex, however. Identifying the liable party is not as simple. This is due, in part, to the number of liable parties potentially involved.
Unlike passenger vehicles, semi-trailer trucks are typically not owned by the driver. Often, there are a number of different entities responsible for truck safety, maintenance, and operation, making these types of cases more difficult to litigate.
In many cases, multiple parties are partially at fault for a trucking accident, many of whom were not even present at the time of the collision. Depending on the circumstances, those liable for your accident may include:
The Truck Driver
The Trucking Company/Employer of the Truck Driver
Loading Companies
Shipping Companies
Truck Parts Manufacturers
Determining liability in trucking accidents in Virginia is made even more complex by the many federal regulations that govern trucking—like requirements around maintenance and hours logged—and gathering evidence to prove your case. That’s why it’s so important for victims of truck accidents to work with attorneys experienced in commercial vehicle accident cases like those at our Virginia Beach and Richmond law offices.
When Truck Drivers Are Liable in a Truck Accident
When it comes to determining liability in a truck accident, the most obvious answer will be the truck driver, and it would be strange for no liability to be placed on him or her.
Like all motor vehicles, large semi-trailer trucks are operated by ordinary people and are therefore subject to human error. Though truck drivers receive extensive training and must carry a special commercial driver’s license (CDL), this does not mean they are immune to making mistakes or negligence.
In fact, truck driver error is one of the most common causes of truck accidents. Often, truck driver error can be attributed to various other factors, one or more of which may point to a secondary liable party.
A truck driver may be liable for an accident if any of the following led to the collision:
Reckless driving, speeding, tailgating, or similar behavior
Failure to stop at red lights and/or stop signs
Failure to anticipate changing road conditions or roadway hazards
Unsafe speeds in a construction zone
A disability or medical condition that rendered the driver unfit to operate the vehicle
Violation of FMCSA’s “hours of service” rule/failure to take required breaks
Unsafe driving maneuvers, such as dangerous lane changes or turns
What Leads to Truck Driver Negligence?
As noted above, there are innumerable circumstances that can lead to truck driver error and an accident, but many of these errors may occur as a result of outside factors.
For example, trucking companies incentivize their drivers to put in long hours and long work weeks by paying by the mile and offering bonuses for meeting high mileage quotas. If a trucking company pressures its drivers to meet unrealistic quotas, truck drivers may fail to take mandated breaks and continue driving even while fatigued. In such instances, both the truck driver and the trucking company may be partially at fault for a resulting accident.
In many truck accidents, there are multiple parties that should be held accountable for the injuries and damages incurred and even for the truck driver’s negligence. If you or a loved one were involved in a truck accident in Virginia, the Richmond and Virginia Beach-based attorneys of Breit Biniazan can help you navigate the complex conversations of liability so that all parties are held accountable.
When Trucking Companies Are Liable in a Truck Accident
While a representative from the trucking companies behind big-rigs can’t be present in every vehicle at all times, they still hold responsibility for the truck, its driver, and the damages they might incur.
If the company’s policies, expectations, or negligence were contributing factors in your trucking accident, they can be held accountable. Unfortunately, implicating trucking companies in commercial vehicle accidents can be difficult, requiring extensive evidence and knowledge of the laws around trucking. That’s why it’s important to contact an experienced truck accident lawyer like those at Breit Biniazan who can help determine cause and liability.
Trucking Companies Are Held Accountable for Their Drivers
The companies that employ truck drivers are required to make sure the drivers they hire are qualified and competent. This can include things like conducting background checks, offering truck driver training, and regularly scheduling random drug and alcohol screenings for drivers. Truck drivers must be appropriately supervised and subject to disciplinary action if they are found to be in violation of company policy or state/federal law.
Unfortunately, some trucking companies fail to meet these requirements. In fact, many of these companies prioritize profits over public safety, causing them to allow or even encourage truck drivers to travel long distances without taking breaks.
Other trucking companies may fail to conduct proper background checks, causing them to hire unqualified drivers or those that have a history of substance abuse. Failing to provide proper supervisor training can also lead to further issues with a trucking company’s drivers.
This kind of case is particularly relevant when it comes to truck driver fatigue. As mentioned above, truck driver fatigue contributes significantly to many truck accidents, and sometimes the blame for that fatigue could fall upon the trucker’s parent company or manager. When unreasonable schedules are demanded of truckers, the company is the one to blame for not caring about the wellbeing of their employees and, by extension, all motorists on the road.
Trucking companies must abide by state and federal regulations; they cannot pressure truck drivers to violate the Federal Motor Carrier Safety Administration (FMCSA) hours of service rule, which governs how many hours a truck driver can drive before he/she must take a break. If the trucking company disregards these federal regulations and encourages employees to work longer hours, they are intentionally endangering the lives of the drivers and others on the road and should therefore be held accountable for the damages incurred.
Trucking Companies Must Make Sure Their Trucks Are Safe
There are federal regulations that govern requirements around truck maintenance. That’s because big-rigs and tractor-trailers are large and complicated vehicles that, without proper maintenance, become very dangerous. Proper maintenance helps prevent problems like defective brakes and worn tires that lead to hundreds of truck accidents every year. If appropriate repair work is not completed, equipment and systems on the truck could fail without warning and cause the trucker to lose control of the vehicle.
Most truck drivers do not perform any actual maintenance on their rigs. Instead, a maintenance crew is often in charge of repairing and replacing parts on each truck in the company’s fleet. If the trucking company in question owns its own trucks, it is responsible for performing routine truck maintenance. This allows the company to find and address any issues, such as bald tires or worn out brake pads, before they can lead to serious accidents.
If the trucking company leases its trucks from another business, the business that owns the truck is typically responsible for this maintenance. Failing to perform proper truck maintenance can cause a company to be liable for any resulting accidents and injuries.
When Loading Companies Are Liable in a Truck Accident
When it comes to determining liability in truck accidents, truck accident lawyers in Virginia must consider every party that impacted the truck, driver, or their route, including loading companies who loaded the cargo onto the truck.
Industry regulations govern everything from weight restrictions to proper cargo loading and securing; failing to abide by these regulations can lead to devastating accidents. Load crews should know how to stack cargo in a trailer without going over the weight limit or disturbing the balance of the trailer. Once again, a parent company could be liable for not enforcing safe practices or offering training.
In some cases, cargo may be improperly loaded onto trucks, leading to an imbalance that makes the truck more likely to overturn or jackknife. Overloaded trucks are more likely to cause a truck accident, either due to tipping over while in motion or because the extra weight can tax and damage the brake systems.
The company responsible for loading cargo onto the truck may be liable if:
Cargo was exposed, unsecured, or loose
The truck was overloaded, causing it to flip over or “fishtail” (swerve from side-to-side)
Cargo fell from the truck onto the roadway during transit
An unqualified individual was allowed to load or unload cargo
The loading company did not keep adequate records
This list is not comprehensive; if cargo is not properly loaded or unloaded, anyone from the shipment owner to the cargo loader to the transporter may be liable for resulting accidents, damages, or injuries.
When Shipping Companies Are Liable for Contractors in a Truck Accident
Usually, a company is not liable for the negligence committed by independent contractors who perform work for the company. However, in situations where the shipping company engages an independent contractor who is unfit to haul its goods, liability may rest with the shipper on the theory of negligent hiring.
Section 411 of the Restatement (Second) of Torts states that an employer is “liable for physical harm to third persons caused by his failure to exercise reasonable care to employ a competent and careful contractor…to do work which will involve a risk of physical harm unless it is skillfully and carefully done.”
Here’s an example that indicates the kind of situation in which a shipping company might be responsible for its contractors:
A, a builder, employs B, a teamster, to haul material through the streets from a nearby railway station to the place where A is building a house. A knows that B’s trucks are old and in bad condition and that B habitually employs inexperienced and inattentive drivers. C is run over by a truck carrying A’s material and driven by one of B’s employees. A is subject to liability to C if the accident is due either to the bad condition of the truck or inexperience or inattention of the driver.
This is applicable to the real world—and possibly your case—as indicated by the case Jones v. C.H. Robinson Worldwide, Inc., 558 F. Supp2d. 630 (W.D. Va., 2008). Restatement Second of Torts Section 411 and this example were cited by the court in to prove that the plaintiff had presented a valid claim against the shipper for negligent hiring in a tractor-trailer collision case.
The court went on to state that a shipper may have liability for negligent hiring where the work to be performed by the independent contractor involves a risk of physical harm unless it is skillfully and carefully done. The Court stated “that the operation of a tractor-trailer upon the public highway does involve such a risk of physical harm. The likelihood of this risk is reflected in the federal government’s licensing requirements to ensure that the commercial truck drivers have the necessary skills to operate a tractor-trailer.”
What Laws Determine if a Shipping Company is Responsible for a Truck Accident?
If the shipper is negligent in loading the tractor-trailer, and the improperly loaded vehicle contributes to the crash, they can be held liable. This is evident in Dill v. Gamble Asphalt, 594 S.W. 2d 719 (Tenn. Ct. App 1979), in which the court held that, despite the hiring of an independent contractor to transport asphalt, the shipper still had a duty to refrain from overloading the trucks, and was therefore liable to the plaintiff who was innocently injured in a truck collision when the truck was unable to stop as a result of its excess weight.
Another theory to find liability on the shipper may be found in the Federal Motor Carrier Safety Regulations (“FMCSR”). FMCSR Section 390.13 states that “no person shall aid, abet, encourage or require a motor carrier or its employees to violate the rules of this chapter”.
In situations where the shipper regularly overloads the motor carrier’s trucks with its material, for example in excess of the 80,000 pound limit for travel on interstate highways, when the shipper knows or reasonably should know that the motor carrier is going to use the interstate highways to reach its destinations, then it may be argued that the shipper has violated FMCSR Section 390.13 and is therefore liable to innocent victims injured as a result of the overloaded truck.
The trial lawyer for the innocent victim of a tractor-trailer collision should not overlook the potential liability of the shipper, as well as that of the motor carrier and its driver.
When Truck Parts Manufacturers Are Liable in a Truck Accident
No personal injury claim should entirely overlook the possibility that a truck part manufacturer could be partially responsible when determining who is liable in a truck accident.
As in other types of motor vehicle accidents, defective parts play a role in numerous truck accidents every year. Even one small design defect in a commercial vehicle can lead to a catastrophic or even deadly accident.
If you or your loved one was involved in a truck accident caused by a failed part, the company responsible for conducting truck maintenance may be responsible. However, if the part that failed is known to be defective or has been recalled, the manufacturer could be liable.
Big-rigs are massive, complex vehicles, which means there’s a lot of parts both large and small that could be to blame in an accident. Some of the most common defective truck parts include:
Tire defects, which can lead to common blowouts
Defective brakes, which lead to front-end collisions
Weak load straps that turn cargo onto the road
Cab and trailer coupling systems that cause jackknifing or even a separation of cab and trailer
Ineffective locks that can cause cargo to tumble out of the truck
Failed power steering
Parts that are defective and never recalled may be the sole reason for a crash. It’s the responsibility of both the manufacturing company to communicate these defaults and issue recalls and the trucking companies to pay attention to these recalls and remove faulty parts. If either of these parties fails to address these defective truck parts, they can be held accountable for the accidents those parts cause.
Although taking on manufacturing companies can be a difficult legal feat, the likelihood of receiving a maximized recovery amount will increase due to typically larger insurance policies or company funds available to pay compensation.
Turn to Breit Biniazan for Experienced Trucking Accident Lawyers
Our Richmond and Virginia Beach personal injury lawyers focus much of our practice on upholding the rights of those wrongfully injured in truck accidents. If you need trustworthy yet tenacious legal representation in Virginia, do not hesitate to contact us to learn about our legal services. You can also browse our recent case results and testimonials to gain some insight as to what our attorneys can and have done for our clients.
Understanding who is liable in your truck accident is the first step in your case, and our Virginia attorneys are prepared to gather this evidence and everything else necessary to help you win your case and receive the compensation you deserve.
