Brain Injuries from Commercial Vehicle Crashes in Henrico County

If a truck or other commercial vehicle crash left you or someone you love with a brain injury, the first weeks can feel overwhelming. If you live in Henrico County or the Richmond area and were hurt in a crash, Virginia law governs how these claims work.

A brain injury from a commercial vehicle crash can support a claim against the people or companies responsible for the crash. Early steps, including medical care and careful record-keeping, can matter a great deal.

What a Brain Injury From a Commercial Vehicle Crash Involves

A brain injury from a crash is harm to the brain caused by a sudden blow, jolt or penetrating force. Doctors use the term traumatic brain injury for this kind of harm. It ranges from a concussion to severe injuries with lasting effects.

Symptoms can start hours, days or even weeks after a crash. Common ones include headaches, memory problems, mood changes and trouble sleeping. These signs are not always obvious at the scene. A prompt medical evaluation matters for your health and for the record of your injury. Keep notes on how you feel, and tell your doctor about every change.

This page is for drivers, passengers, pedestrians and cyclists hurt by trucks or other commercial vehicles. It is also for families of people with serious brain injuries or people who died in these crashes. For the broader picture, read the traumatic brain injury claims guide.

Why Commercial Vehicle Crashes Differ From Ordinary Car Crashes

Crashes with commercial vehicles often involve more parties and more records than a typical car crash. A large truck’s weight can change how much force reaches the people in a smaller car. That is one reason injury patterns may differ.

More than one party may bear responsibility. The driver may be at fault, and so may the company that operates the vehicle, depending on the facts. Maintenance or cargo loading contractors can also play a role.

Many commercial carriers also operate under federal safety rules. The Federal Motor Carrier Safety Administration publishes federal crash facts for large trucks and buses. Under federal rules, a motor carrier must keep driver records of duty status and supporting documents for at least 6 months from the date of receipt (49 C.F.R. § 395.8).

Some records are kept only for set periods. For example, alcohol collection records (except calibration records for evidential breath testing devices) must be kept for a minimum of 2 years (49 C.F.R. § 382.401). Early requests to preserve evidence help protect what shows how the crash happened.

What a Brain Injury Claim Can Cover

A brain injury claim can seek compensation for losses tied to the injury. Losses commonly include:

• Past and future medical care, including rehabilitation and therapy
• Lost income and a reduced ability to earn in the future
• Help needed at home with daily tasks
• Pain and suffering the injured person experienced

For a death claim, Virginia law sets out specific damages. Virginia wrongful death damages cover the family’s sorrow, mental anguish and loss of the decedent’s companionship, guidance and care; lost income and services; medical expenses from the injury; funeral expenses; and, for willful or wanton conduct, punitive damages (Va. Code § 8.01-52).

Punitive damages have their own standard.

Steps to Take After a Commercial Truck Crash in Henrico County

The most useful early steps are getting medical care, documenting the crash and being careful with insurance statements. Start with a medical evaluation, even when symptoms seem mild. Keep records of every visit, referral, prescription and missed day of work.

Virginia requires a driver involved in a crash with injury or death to stop and report it to police immediately (Va. Code §§ 46.2-371, 46.2-894). The two-year period is the deadline to file a lawsuit, not to report a crash (Va. Code § 8.01-243).

Document what you can. Useful items include:

• The police report number
• The company name and DOT number shown on the truck
• Photos of the vehicles, injuries and the scene
• Names of witnesses
• A daily symptom journal

Be careful with recorded statements. Before you give one to an insurer or a company representative, you may wish to speak with a lawyer about your injury.

Here is a general timeline:

• First days: medical care and scene documentation.
• First weeks: preservation requests and gathering records.
• Months: tracking treatment progress and medical opinions on future care.

Virginia Deadlines and How Liability Is Decided

Virginia sets a filing deadline for most injury claims, and the clock starts on the injury date. Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions.

Some claims carry notice requirements that run out sooner than the filing deadline. You may wish to speak with a lawyer promptly for that reason.

For a death claim, the timing rules differ. A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code §§ 8.01-50(C), 8.01-244(B)), on behalf of the family members the statute protects.

Who is responsible in a commercial crash turns on evidence. That evidence can include driver rest and log records, inspection and maintenance history, and a reconstruction of how the crash happened.

How the Firm Handles Brain Injury Cases From Commercial Vehicle Crashes

Correll Law Firm handles car accidents, truck accidents, commercial vehicle accidents, catastrophic injuries, traumatic brain injury, spinal cord injury and wrongful death matters. The firm’s offices are in Winchester and Harrisonburg. It represents people from Henrico County, Richmond, the Shenandoah Valley and across Virginia.

Brain injury cases take time to build. The work can include gathering crash and carrier records, working with the medical providers who treat the injury, and consulting accident reconstruction professionals or medical reviewers when the facts call for it.

Related guides cover spinal cord injuries after truck crashes and head injuries after car crashes.

Frequently Asked Questions