Winning Trucking Accident Cases in Virginia
A Guide for Truck Accident Victims and Their Families
You are visiting this page for the same reason others have.
A commercial truck crash has caused catastrophic injuries or the death of a loved one.
We have all seen the news headlines about tractor-trailer crashes:
- “I-95 in Hanover Back Open After Deadly Crash Involving Semi Closed Interstate for Hours.”
- “Fiery Tractor-Trailer Crash Causes Lane Closures, Delays on I-64 in Newport News.”
- “Chesterfield Man Killed in I-64 Tractor-Trailer Crash, Virginia State Police Investigating.”
- “VSP: 1 Killed in Tractor-Trailer Crash on I-81 in Smyth County.”
- “4 Hospitalized – 1 Critically – and 1 Arrested After Fiery Loudoun Co. Crash Involving Semi.”
- “Richmond Man Killed in Deadly Tractor-Trailer Crash on I-95 North Near Parham Road”
But now your nightmare is a headline. A heavy vehicle or tractor-trailer crash has caused harm close to home.
Unfortunately, reports like these are frequent occurrences.
When a commercial truck collides with a passenger vehicle, disaster occurs. The mismatch in vehicle size and weight creates a high likelihood of harm.
The drivers and passengers in the smaller vehicles often bear the brunt of the damage or loss of life.
You are here because you or someone you love got hurt in a horrific wreck with a semi truck, a tractor-trailer, or some other commercial vehicle. Or because a family member lost their life.
This crash has changed your life and those of people you care about.
You likely feel fear, confusion, and anger now that the initial shock has worn off. And you have many questions about what happens next and whether the law gives a remedy to semi-truck accident victims.
You don’t know who to trust.
We get it. And we can help.
Our Virginia truck accident lawyers have seen how a heavy vehicle crash shatters the lives of victims.
And we are ready to get justice for you.
Keep reading for more information on protecting your rights after a commercial vehicle crash.
We hope you use this website to understand your rights as a truck crash victim and survivor. And that you then use this information to make the best decisions for you and your family during this difficult time.
Call (804) 251-1620 or (757) 810-5614 if you are ready to speak with a top-rated semi truck accident attorney in Virginia.
What is a Commercial Truck?
Large commercial vehicles have many names:
- Big Rig
- Big Wheeler
- Combination Truck
- Double (referring to the number of connected trailers)
- Freight Truck
- Hauler
- Lorry
- Rig
- Semi Truck
- Tractor Trailer
- Triple
- 18-Wheeler
So, let’s start with a definition of the type of heavy vehicles we are talking about.
The Federal Motor Carrier Safety Administration (FMCSA) publishes rules for the trucking industry. These rules are called the Federal Motor Carrier Safety Regulations (FMCSRs)
Under the FMCSRs, a commercial truck means a self-propelled or towed vehicle that:
(1) is used on the highways in interstate commerce to transport passengers or property and
(2) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
is designed or used to transport more than 8 passengers (including the driver) for compensation;
is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.
How Many Semi Trucks Are on US Highways?
More than 13 million commercial trucks registered in the United States last year.
And these heavy vehicles are everywhere: on rural roads, interstate highways, and traveling day and night.
This number represents only five percent of all motor vehicles. Yet these large trucks carry more than 70 percent of America’s freight by weight.
What are the Largest Commercial Trucking Companies in Virginia?
Richmond, Hampton Roads, Roanoke, Staunton, and Northern Virginia are transportation hubs.
So it is not surprising that many trucking companies call Virginia home.
Some of the largest commercial trucking companies in Virginia include:
- Abilene Motor Express (North Chesterfield, VA)
- Atlantic Bulk Carrier Corp. (Providence Forge, VA)
- Cox Transportation Services Inc. (Ashland, VA)
- DD&D Trucking (Lynchburg, VA)
- Englander Transport Inc. (Rustburg, VA)
- Estes Express Lines (Richmond, VA)
- Fleetmaster Express Inc. (Roanoke, VA)
- Hillcrest Transportation (Petersburg, VA)
- Integrated Logistics 2000 (IL2000) (Virginia Beach, VA)
- Lawrence Transportation Systems Inc. (Roanoke, VA)
- Northern Neck Transfer, Inc. (King George, VA)
- Payne Trucking (Fredericksburg, VA)
Several other large trucking companies have a presence on Virginia’s roads:
- FedEx
- United Parcel Service (UPS)
- XPO
- Werner Enterprises
- J.B. Hunt
- Old Dominion Freight Line
- YRC Worldwide (Yellow Corporation)
How Common are Commercial Truck Accidents? Large Truck Accident and Injury Statistics Nationwide
The National Highway Traffic Safety Administration (NHTSA) keeps truck crash data.
It publishes this data in an annual report, Large Truck and Bus Crash Facts.
In 2021, almost 6,000 large trucks were part of fatal crashes.
Further, more than 115,000 large trucks contributed to crashes causing injury (an 11 percent increase). These accidents injured roughly 172,000 people.
Commercial Truck Accident Facts in Virginia
The Virginia Department of Motor Vehicles (DMV) publishes motor vehicle crash data yearly.
Last year:
- Commercial motor vehicles were involved in 116 fatal crashes in Virginia.
- 2,000 commercial motor vehicle accidents caused injury.
- Large trucks were involved in 60 fatal crashes.
- 844 large truck crashes caused injury
Many semi truck crashes occurred in the I-81, I-64, and I-95 corridors in Virginia.
What are the Common Causes of Trucking Accidents?
Commercial trucking is dangerous by nature.
It involves moving goods from one place to another as fast as possible. And using large vehicles to do it.
The data shows that common causes of 18-wheeler crashes include:
- Aggressive driving
- Alcohol and illegal drugs
- Bad weather (rain, wind, snow, ice, fog, hail)
- Brake problems
- Cargo shift
- Construction zones
- Distracted driving, such as texting and driving (federal regulations require truckers to use Bluetooth for this reason)
- Driver fatigue
- Equipment failure
- Failure to stop at a traffic control device or crosswalk
- Falling asleep
- Faulty lights
- Human error
- Improperly loaded cargo
- Incomplete tractor-trailer maintenance logs and records
- Inexperienced drivers
- Over-the-counter drug use
- Poor road conditions (potholes, etc.)
- Poor vehicle maintenance
- Prescription drug use
-
Speeding truck drivers: Deliveries are time-sensitive. Customers want their goods immediately. And trucking companies and drivers make more money when they move fast. These factors contribute to speeding and big rig crashes.
- Tire problems
- Traffic flow problems (bumper-to-bumper congestion, lane narrowing)
- Uneven truck tire tread
- Unfamiliarity with roads
- Unsafe Lane Changes
- Violations of trucking safety rules (federal and state regulations, industry standards, etc.)
Should I Trust the Trucking Company and Its Insurance Carrier After a Crash?
No.
Do not trust the trucking company or its liability insurance carrier after a semi truck accident.
There are several reasons for this.
First, the trucking industry knows that wrecks, injuries, deaths, insurance claims, and lawsuits are part of doing business. And that a lawsuit can force trucking companies and insurers to pay hundreds of thousands and even millions of dollars in damages.
Second, unlike other potential defendants in personal injury cases, trucking companies often take a direct financial hit when they must pay a settlement or court judgment to resolve a negligence lawsuit.
Many trucking companies carry insurance but often have a self-retention amount. This means the trucking company must pay the first part of the insurance claim settlement or court judgment. Sometimes, the self-insured retention amount is several hundreds of thousands of dollars.
Trucking companies and insurers have responded to these factors.
Indeed, the 24/7 truck crash response team is a measure taken by the trucking and insurance industries to protect profits.
These response teams have claim adjusters, insurance defense attorneys, private investigators, and accident reconstruction experts ready to go to the accident scene within hours. Members of the crash response team may take photographs and videos and ask witnesses for statements.
The goal of this response team is to control the truck accident scene and information from witnesses to minimize payouts to crash victims and their surviving family members.
Why Should I Hire a Virginia Truck Accident Lawyer?
You can fight against tactics and protect your legal rights.
The easiest way to do so is to hire a knowledgeable and experienced truck accident attorney after a crash with an 18-wheeler, big rig, or semi truck.
Here are ways a Virginia truck crash lawyer can help you and your family:
- Find the truck driver’s name, the trucking company, and any people or businesses involved in brokering or maintaining the commercial motor vehicle. These are potential defendants.
- Ensure the trucking company preserves evidence by sending spoliation letters or asking for adverse evidentiary inferences if the trucking company alters or destroys critical evidence.
- Move the court for a temporary restraining order (TRO) to impound the truck so that we can secure the physical evidence and our expert witnesses can determine how the accident happened.
- Inspect the accident scene.
- Get, review, and analyze data from the truck’s black box. This device has information about the truck’s movement and the truck driver’s acts when the crash happened.
- Get and review camera footage from residences and businesses near the accident scene.
- Build a crash response team to investigate how the truck accident happened (including private investigators, accident reconstruction experts and engineers, electronic control module (ECM) experts, and digital forensic and cell phone experts)
- Talk to people who witnessed the truck wreck and obtain sworn statements. These persons (firefighters, first responders, emergency medical services, ambulance drivers, helicopter medical personnel, bystanders, media, tow truck drivers, etc.) may have photos, videos, and other information helpful in proving the trucking company and its driver caused the crash.
- Talk to the crash investigators (usually from the Virginia State Police)
- Review the FMCSA Safety and Fitness Electronic Records (SAFERs) for all potential defendants
- Get estimates of the property damage to your vehicle.
- Analyze liability (learn what your truck accident lawyer reviews to see if you have a viable personal injury case)
- Determine all potential defendants (including the truck driver, the truck driver’s employer, the commercial vehicle owner, the truck manufacturer, the truck broker, the leasing company that coordinated the freight, the trailer manufacturer, cargo shippers that loaded the freight, any company that serviced or maintained the truck, etc.)
- Explain how the legal process works.
- Send settlement demand letters to the trucking company and its insurer.
- File the complaint (called a civil action or lawsuit) in the optimal venue and court if pre-suit negotiations fail to resolve your case.
- Guide you through pretrial discovery (interrogatories, requests for production of documents, depositions, requests for admissions, medical examinations)
- Work with your medical providers (orthopedic surgeons, neurosurgeons, physiatrists, physical therapists, chiropractors, psychologists, psychiatrists, etc.) to show how the injuries happened and the extent of permanent impairment and disability they have caused (particularly in traumatic brain injury/concussion and spinal cord injury cases)
- Find insurance coverage to pay damages. Trucking companies must carry large insurance policies (a minimum of $750,000 for liability)
- Represent you during mediation (including preparing the pre-mediation statement)
- File motions with the court, including motions in limine to exclude negative evidence at trial.
- Discuss the factors to consider when deciding whether to settle or go to trial.
- Negotiate with lienholders so you net more money for your trucking accident injuries
- Present your case at trial.
- Appeal adverse decisions by the court
- Refer you to national and community resources that will help you with medical treatment, health care, and financial planning for the present and the future.
- Determine whether you qualify for workers compensation benefits (for example, workers compensation laws provide medical treatment and cash payments if the crash occurred while on the job) or Social Security disability payments. You can receive these benefits while you pursue a third-party civil action against the trucking company.
- And more
How Can I Afford a Truck Accident Lawyer?
You may be worried about paying for a truck crash attorney.
Don’t be.
Our law firm (and every truck accident law firm we know of) handles these cases on a contingency fee basis.
You only pay a fee if you recover a monetary award.
Further, most truck accident lawyers advance litigation costs.
This means you do not have to pay upfront for expert witnesses, medical records, disability letters from doctors, or mediation fees.
Instead, you reimburse your attorney when the case settles or you get a verdict.
How Do I Find a Good Truck Accident Attorney in Virginia?
You deserve the best legal representation possible after a tractor-trailer accident.
But finding the best truck accident lawyer for you can be tough.
Not all truck crash attorneys are equal.
You need an attorney familiar with the nuances of truck accident claims. There is a significant difference between car accident and truck crash cases.
For example, truck accident claims involve more data to analyze and special knowledge of the Federal Motor Carrier Safety Regulations.
These federal regulations can help you prove negligence when the truck driver or the trucking company fails to follow the rules for:
- Insurance for commercial trucks
- Weight restrictions
- Loading procedures
- Methods to secure cargo loads
- Drug and alcohol testing
- Hours in service
- Vehicle maintenance
- Vehicle markings
- Truck driver qualifications
- Vehicle inspection and repair
You also want an attorney you get along with and trust and who will answer your questions with compassion.
We recommend researching online and asking friends, family members, and attorneys in other practice areas to find the best Virginia truck accident lawyer for you.
Then, schedule a consultation with two or three lawyers specializing in commercial motor vehicle cases.
Your truck accident attorney should have experience winning cases like yours with similar injuries, trucking industry defendants, and insurance companies.
What Compensation Can I Recover in a Truck Crash Case?
Our goal in every truck accident case is to get every penny possible to help with your future needs and make the most of the rest of your life.
You may recover two types of personal injury damages in a big rig accident case: economic and non-economic.
Economic Damages in Trucking Accident Cases
You should seek economic damages (also called compensatory damages) from defendants, such as:
- Medical expenses (including emergency room, hospital, doctor visit, surgery, physical therapy, medication, and other health care bills or future needs)
- Lost wages
- Diminished earning capacity
- Funeral expenses in wrongful death cases
Non-Economic Damages in Trucking Cases
Non-economic damages available to victims in trucking accident lawsuits include:
- Loss of enjoyment of life
- Loss of consortium
- Loss of companionship
Punitive Damages in Truck Crash Claims
Along with economic and non-economic damages, you may recover punitive damages if the trucking defendant’s acts were reckless, malicious, intentional, or fraudulent.
How Much Will You Get Paid if You Suffer Injuries in a Truck Accident?
Determining how much your truck accident case is worth depends on multiple factors.
Large truck accident settlements and verdicts are possible because many big rig crashes cause severe injuries and even death. Further, many trucking companies carry significant insurance coverage to pay claims and judgments.
But there is no guarantee that you will recover a vast sum.
Some trailer-tractor accident claims settle for large amounts. In contrast, other truck crash claims pay small amounts, particularly if the defendant has a contributory negligence defense.
Contact a truck accident lawyer to discuss how to recover more money in your case.
How Long Does It Take to Get a Truck Accident Settlement?
Trucking injury cases may settle out of court or require a trial by jury.
Make sure you hire a truck accident attorney who is not afraid to go to trial, as this makes it more likely you will get a fair settlement, and you may need a trial attorney.
Of those that settle, some truck accident cases resolve in months, while others take years.
Several factors affect how long it takes to settle a truck accident lawsuit, including:
- The number of vehicles involved in the crash
- The number of plaintiffs and defendants
- Disputes between insurance companies and policyholders (the defendants)
- The severity of your injuries and how long it takes you to reach maximum medical improvement (MMI)
- The number of survivors and whether they agree on case handling in wrongful death trucking cases
- Whether your attorney will take your case to trial
Our truck accident lawyers will do whatever it takes to get a good result for you. Sometimes this means settlement, while other times, it means trial by jury.
How Long Do I Have to File a Truck Accident Lawsuit?
The personal injury statute of limitations for car accident cases also applies to truck accident cases.
You have two years from the date of the truck crash to file a lawsuit.
But don’t wait to call a truck accident lawyer.
Your attorney will need time to find all potential defendants before suing.
Do Your Truck Accident Lawyers Offer Free Consultations?
Yes.
We offer free consultations to all victims and survivors of commercial truck accidents, including injured truck drivers. Indeed, many tractor-trailer accidents involve two large commercial vehicles. This is one reason truck driving is one of the most dangerous jobs in America.
Call, email, or complete the online evaluation form to speak with a skilled truck accident attorney today.
Types of Truck Accident Cases We Handle
Our law firm gets results for victims injured in these types of large truck accidents:
- 18-Wheeler Accidents
- Blind Spot Accidents
- Box Truck Accidents
- Cement Truck Accidents
- Delivery Truck Accidents
- Dump Truck Accidents
- Flatbed Truck Accidents
- Garbage Truck Accidents
- Jackknife Accidents
- Logging Truck Accidents
- Package Delivery Truck Accidents
- Recycling Truck Accidents
- Sideswipe Accidents
- Tanker Truck Accidents
- Tire Blowout Accidents
- Tow Truck Accidents
- Truck Rollover Accidents
- Underride Accidents
- Wide Turn Accidents
- And Other Commercial Truck Accidents
Virginia Truck Accident Lawyers Committed to Winning Your Case and Protecting Your Future
We want you and your family to receive fair treatment after a truck accident – from the truck driver, the trucking company, the driver’s employer, and the insurance company.
And we will aggressively pursue your rights, no matter the other party’s size.
We investigate, research, and develop a case theory that will allow us to win at trial.
Call now to start.
Our personal injury law firm is ready to win for you.
- Will the Dollar Tree Store Closures Affect My Workers’ Compensation? - March 14, 2024
- Workplace Injuries in 2022: BLS Releases Statistics - December 15, 2023
- SSA Proposes a Rule Change to Work History Evaluation - November 1, 2023
