Created by FindLaw's team of legal writers and editors | Last reviewed May 21, 2019
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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.
Truck accidents often result serious injuries or death, given the weight differential between big rigs and the typical automobile. Right after an accident, 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.
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, 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.
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:
Also, be advised that signing a settlement agreement could prevent you from obtaining a full recovery as there are some injuries which may not manifest themselves until several years later. If you're presented with a settlement offer, it's in your best interests to speak with an attorney before accepting it.
If you've been seriously injured in a truck accident, you're probably overwhelmed with hospital care and making arrangements with your employer and insurers. You don't have time to decipher dense legal texts. That's why we've provided the following "plain English" summary of Virginia's laws covering what to do after a truck accident.
| Statutes | Virginia Code, Title 46.2:
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| Causes of Action and Damages | Since there's no strict liability in Virginia for motor vehicle accidents, even those involving commercial trucks, you (or, typically, your insurer) will have to establish fault in order to receive compensation for your injuries. In addition to the driver, their employer, the owner of the truck, the manufacturer of the truck, the truck maintenance company, and other parties also may be held liable (via their insurers). Examples of negligence include:
Economic recovery, or damages, may include the following:
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| Federal Trucking Regulations | Truck drivers and their employers must adhere to Federal Motor Carrier Safety Administration (FMCSA) and the Virginia Department of Motor Vehicle's (Virginia DMV's) motor carrier regulations. You'll want to establish whether the truck driver violated any of these regulations before filing a claim, which include:
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| Statute of Limitations | Within 2 years if anyone was injured or killed in the accident (also, within 5 years for property damage). Keep in mind that for wrongful death claims the "clock" starts running at the time of the victim's death, which may come later than the date of the accident. See also Virginia Civil Statute of Limitations. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you've been involved in a truck accident in Virginia and you believe the truck driver's negligence is to blame, you'll want to file a claim for damages. An accident can cause serious, sometimes permanent (or even fatal) injuries; keep you away from your job; and derail your life's plans. Get started today and speak with an experienced Virginia personal injury lawyer near you today.
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