Truck accidents in Virginia are governed by a combination of state traffic laws, insurance requirements, and liability principles that differ significantly from those in standard car accident claims. Because commercial trucks are regulated at both the state and federal levels, victims face a more complex legal landscape when pursuing compensation.
These cases often involve multiple parties such as trucking companies, contractors, manufacturers, and insurers, which can complicate the investigation and delay the claims process. Add to that Virginia’s strict contributory negligence standard, and it becomes clear why every step you take after a collision matters.
This guide outlines the eight most critical actions to protect your rights after a truck accident in Virginia.
1. Report the Truck Accident to the Police
According to the Virginia DMV, 2,847 large truck crashes were reported in 2023. While not all collisions require reporting, Virginia Code § 46.2-894 mandates that accidents involving injury, death, or property damage exceeding $1,500 must be reported to the police.
When reporting the accident, contact local authorities and provide accurate details about the crash. If necessary, request immediate medical assistance and allow police officers to assess the scene, take statements, and document the details in an official report.
This traffic accident report is a key piece of evidence in both insurance claims and legal proceedings. Even if your truck accident doesn’t legally require reporting to the police, doing so can still be highly beneficial. A police report serves as an official document that can strengthen your case by providing a factual account of the incident.
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2. Seek Medical Attention Immediately
Even if you don’t feel pain right away, seek medical attention after a truck accident to ensure potential injuries are diagnosed and treated. Injuries like concussions, whiplash, and internal bleeding may not show symptoms right away but can worsen over time.
Additionally, having medical records from the moment of injury will help strengthen your case and demonstrate the full extent of your damages. If an insurance adjuster questions a delay in treatment, these records will help substantiate your claim.
3. Gather Evidence at the Scene
Gather as much evidence as possible at the scene: the more evidence you gather, the stronger your case will be. Take clear photos and videos of vehicle damage, injuries, road conditions, and skid marks.
Additionally, collect contact information from witnesses and ask the truck driver for their name, employer details, insurance information, and CDL number. If available, obtain truck black box data (which tracks the truck’s speed, braking patterns, and driving behavior before the crash) and company records (such as maintenance logs and driver hours).
Collecting this evidence will help establish liability and strengthen your case. During a free consultation, a lawyer from our team can identify evidence specific to your case, as valuable evidence varies according to different types of truck accidents.
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4. Notify Your Insurance Company of the Crash
Virginia follows a fault-based insurance system, meaning the driver responsible for the accident is typically liable for damages. If the at-fault driver is uninsured or underinsured, your own Uninsured/Underinsured Motorist (UM/UIM) coverage may help compensate for your losses.
It’s important to notify your insurance company promptly after an accident, as delays can complicate your claim. Insurance providers often have strict reporting timelines, and failing to meet them may result in a denied or reduced claim, so review your policy and act quickly.
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5. Avoid Admitting Fault or Making Recorded Statements
Virginia’s strict contributory negligence rule means even 1% of fault on your part can bar you from recovering compensation, as per Virginia Code § 8.01-58. This makes it imperative to avoid any actions that could imply some degree of fault on your part.
This includes avoiding apologizing or discussing fault with anyone, especially the truck driver, police, or insurance adjusters. Also, decline any recorded statements without first speaking to an attorney. We can help ensure you don’t unintentionally damage your claim by making a mistake during these early stages.
6. Understand Your Rights Under Virginia Trucking Laws
Truck accidents differ from other auto accidents because of the numerous factors involved, and understanding Virginia trucking laws can help identify who’s responsible in your specific case.
Under Virginia law, trucking companies can be liable for driver negligence, failure to maintain or inspect vehicles, and negligent hiring practices. Manufacturers may be held accountable for defects in truck parts that contribute to accidents. Additionally, government entities may be responsible if poor road conditions or lack of signage led to the crash.
Keep in mind that Virginia law limits the time you have to file personal injury and wrongful death claims: you have two years from the accident or the date of death to file a lawsuit, as per Virginia Code § 8.01-243 and § 8.01-244, respectively.
7. Hire a Truck Accident Lawyer in Virginia
Hiring an experienced truck accident lawyer in Virginia can significantly impact the outcome of your case. An attorney from Tronfeld West & Durrett can help by thoroughly investigating the accident, preserving key evidence, and working to ensure that no crucial details are overlooked.
Additionally, we can handle negotiations with insurance companies to secure fair compensation for your injuries and damages. If settlement negotiations fail or adjusters make an unfair offer, we can file a lawsuit to pursue maximum compensation on your behalf.
Plus, we operate on a contingency fee basis, meaning you won’t pay any upfront costs for legal representation. We only get paid if we successfully recover compensation for you.
8. Pursue Maximum Compensation for Your Losses
Truck accident victims in Virginia may be entitled to various damages, including medical expenses, lost wages, pain and suffering, and wrongful death for families who’ve lost a loved one. Our attorneys can help you pursue compensation for both economic and non-economic losses.
Additionally, we may work with accident reconstruction specialists and other expert witnesses to build a strong case. These experts strengthen your claim and help demonstrate the full extent of your damages.
Contact Tronfeld West & Durrett for Legal Help After a Truck Accident
Truck accidents demand experienced legal representation to navigate liability, fault determination, and insurance negotiations. With over 50 years of experience and a proven track record of successful case results, Tronfeld West & Durrett is equipped to handle your truck accident case in Virginia and fight for the compensation you deserve.
Our team deeply understands Virginia’s trucking laws and will fight for your right to compensation. Schedule a free consultation with an experienced truck accident lawyer today, and let us help you get the justice you deserve.
Call or text 800-321-6741 or complete a Free Case Evaluation form