{"id":377026,"date":"2019-05-21T11:47:01","date_gmt":"2019-05-21T16:47:01","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/virginia-law\/what-to-do-after-a-truck-accident-in-virginia.html"},"modified":"2019-05-21T15:50:26","modified_gmt":"2019-05-21T20:50:26","slug":"what-to-do-after-a-truck-accident-in-virginia","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/what-to-do-after-a-truck-accident-in-virginia.html","title":{"rendered":"What to Do After a Truck Accident in Virginia"},"content":{"rendered":"\n
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What to Do After a Truck Accident in Virginia<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Imagine you’re on your way to work on a busy freeway and an eighteen-wheeler loaded down with heavy cargo slips on the wet pavement, jackknifes, and skids over into your lane, causing an accident. You’re lucky because it could have been much worse, but now your car is totaled and you have severe neck pain. What should you do? The following is a summary of what to do after a truck accident in Virginia, including possible defendants and how liability may be established.<\/p>\r\n

What to do After a Truck Accident in Virginia: First Steps<\/h2>\r\n

Truck accidents often result serious injuries or death, given the weight differential between big rigs and the typical automobile. Right after an accident<\/a>, you’ll want to check on everyone involved (unless you’re too injured to do so) and contact emergency services. Move your car out of traffic if feasible. In addition, take notes and photos detailing the accident (i.e. road conditions, damage, skid marks on the pavement, etc.); talk to any witnesses to the crash; and exchange vital information with the other parties.<\/p>\r\n

Virginia Truck Accidents: Liability and Fault<\/h2>\r\n

Liability for truck accidents in Virginia is based on negligence, which means the at-fault party (via their insurance company) is responsible for compensating anyone injured in the accident. However, Virginia law adheres to the legal theory of pure contributory negligence<\/a>, which means a plaintiff can’t collect for damages if they were even slightly at fault. For example, you may be barred from your claim if — even though the truck driver was negligent — it can be proven that you sent a text message right before the accident occurred.<\/p>\r\n

Trucking accidents tend to be more complex than simple automobile collisions and involve multiple parties (and their insurers). In addition to the driver, these parties may include:<\/p>\r\n