Virginia's Legal Landscape: Key Laws Every Truck Accident Victim Should Be Aware Of

Truck accident claims are more complex than those involving other types of motor vehicle accidents because they often involve multiple parties. They also involve complicated federal and state regulations. Several Commonwealth laws impact your rights after semi truck accidents. A Virginia truck accident lawyer with the Kendall Law Firm can help you understand how these laws might apply to your case. Call today for a free consultation with our dedicated legal team.

Accident Reporting Requirements

Virginia law requires individuals to immediately report truck accidents involving injury, death, or property damage exceeding $1,500. Failure to report an accident can result in a Class 4 misdemeanor with penalties. You may satisfy the accident reporting requirement by calling the police from the accident scene.

Reporting a trucking accident can result in a document that can serve as evidence and reveal liable parties when it’s time to file an insurance claim. It’s in your best interest to report a truck collision you are involved in to begin the process of filing a personal injury claim to seek compensation for your medical expenses, lost wages, pain and suffering, and other losses.

Spoliation of Evidence

Destroying or failing to preserve evidence after a truck accident is a violation of Virginia personal injury law. Right after a collision with a large commercial truck, all parties involved—commercial trucking companies, truck accident lawyers, and police—begin their investigation. This process usually starts at the accident scene, where time is of the essence in collecting crucial evidence before it disappears, is tampered with, or is lost.

Investigators and your truck accident lawyer can analyze all elements of truck accident cases, including:

• Photos and videos of the scene, including skid marks, debris, and vehicle positioning
• Documentation of bodily injuries and property damage
• Accident reports
• Electronic data from the truck’s black box, which records speed, braking, and additional driver activity
• Truck maintenance records
• Commercial truck driver’s log or electronic tracking of service hours
• Witness statements

Securing legal representation immediately after a truck crash is critical so they can preserve evidence before it is lost forever. Personal injury attorneys also sometimes hire accident reconstruction specialists who analyze evidence involved in a commercial truck accident to determine how the accident occurred. An experienced attorney will use the evidence available to build a solid personal injury case.

Filing a Personal Injury Claim

Filing a truck accident claim in Virginia involves several steps. The process looks like this:

• Initiate the Claim — Notify the insurance company and involved parties about your intention to file a claim. This step sets the legal process in motion and ensures that all relevant parties are aware of your claim.
• Conduct an Investigation — Collect evidence, medical records, and accident reports to support your claim. An attorney familiar with truck accident law may also consult subject experts, such as accident reconstructionists.
• Begin to Negotiate — Negotiating with the insurance company involves presenting evidence of your truck accident injuries and losses.
• File a Personal Injury Lawsuit — If negotiations are unsuccessful in seeking fair compensation, you have the right to take legal action and present your case to the court.

A skilled attorney can guide you through the legal system and each phase of your personal injury claim.

Statute of Limitations

In Virginia, the statute of limitations for personal injury lawsuits is two years. This means you have two years from the accident date to file a lawsuit against the responsible party. If you miss the filing deadline, you jeopardize your ability to recover compensation.

It takes time to build a strong case. Consider the time spent compiling evidence, medical records, and witness statements and attempting to negotiate a settlement. Hiring a qualified Virginia truck accident lawyer soon after your accident will allow them to prepare your case thoroughly while keeping track of all pertinent legal deadlines.

Contributory Negligence

Virginia follows the rule of pure contributory negligence. This means that you cannot pursue compensation for your injuries and other losses if you are even one percent at fault for the accident. The trucking company’s insurer may try to blame you for the auto accident. They have a team of investigators and attorneys to protect their interests.

A Virginia truck accident attorney can protect you from this harsh law by:

• Gathering evidence of liability against the truck driver, truck company, or another motorist
• Countering the other side’s attempts to assign any blame to you
• Identifying the real cause of the accident, such as distracted driving, tire blowouts, or following too closely
• Uncovering evidence of prior actions that could point to a pattern of safety violations or wrongdoing on the part of the trucker or trucking company

Our law firm has extensive experience handling cases involving truck accidents in Virginia. We know how to anticipate and counter the defendant’s actions.

Federal Motor Carrier Safety Act Laws

The Federal Motor Carrier Safety Association (FMCSA) establishes guidelines for the trucking industry. The failure of truck drivers or truck companies to adhere to these regulations may strengthen your case and allow you to seek compensation. The most common violations of FMCSA laws are:

• Hours of Service Rules — Truck drivers can drive for a maximum of 11 hours within a 14-hour workday under the hours-of-service rules. These rules are intended to prevent driver fatigue, a leading cause of trucking accidents. Drivers must take a 30-minute break after eight hours of driving. This requirement ensures that drivers get adequate rest and reduces the risk of truck crashes caused by drowsy driving. Violating these rules can show negligence, supporting your claim for compensation.
• Drug and Alcohol Testing — Drivers in severe accidents must undergo mandatory drug and alcohol testing. Positive test results can serve as evidence of negligence in your truck accident lawsuit. If a driver tests positive for drugs or is over the legal limit for intoxication, the test results are evidence that can significantly bolster your case.
• Cell Phone Usage — Commercial truck drivers cannot use handheld mobile phones while driving. This regulation reduces distractions and improves road safety. If the driver used a handheld cell phone at the time of the accident, it could strengthen your truck accident claim by showing disregard for safety regulations.
• Truck Maintenance Requirements — Regular inspections and maintenance of semi trucks can help prevent mechanical failures that can lead to accidents. Maintenance on these vehicles must be logged. Trucking company records should show whether the truck was maintained in compliance with safety standards. Incomplete or inadequate maintenance bolsters your case that the company was negligent and is liable for your injuries and losses.
• Cargo Tie-Down Procedures — The FMCSA has securement regulations that require cargo to be securely loaded to prevent it from shifting during transport. Improperly secured cargo can cause serious accidents. Violations in securement and tie-down procedures can be a form of negligence, making it more likely that you can establish liability on the part of the trucker or trucking company.

Most commercial trucking accidents can be avoided when commercial truck drivers and companies follow these rules. When they fail to do so and you suffer serious injuries as a result, our truck accident lawyers can help fight for the compensation you deserve.

Contact Our Experienced Truck Accident Attorneys for a Free Consultation

Were you hurt in a truck accident in Virginia that wasn’t your fault? You could recover compensation for your injuries. An experienced truck accident lawyer with Kendall Law Firm can pursue the money you need while you focus on feeling better. We bring 30 years of legal experience standing up to insurance companies and powerful corporations to recover compensation for injured Virginians. You pay us only if we win your case. Call us today for a free consultation.