Losing a Family Member in a Commercial Truck Crash

Virginia law may allow a family to bring a wrongful death claim when a commercial driver’s crash causes a death. Who may file, what the claim can cover, and which deadlines apply all follow specific rules. This guide, from Correll Law Firm, explains those rules in plain language. Families looking for a commercial driver wrongful death lawyer Virginia often start with these same questions.

What a Wrongful Death Claim After a Commercial Driver Crash Is

A wrongful death claim is a lawsuit that must be brought by the personal representative of the deceased person when a person dies because of another party’s wrongful act, neglect or default. Virginia allows it when the injured person could have sued had they lived (Va. Code § 8.01-50). In a commercial crash, the driver is not always the only party who may be responsible. In some crashes, the company that employed or dispatched the driver may also be involved.

Who files? Virginia’s rule is specific:

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.

The timing rule sits in Va. Code § 8.01-244. Family members do not file the claim themselves.

What Virginia Wrongful Death Damages Cover

Virginia law names the categories of damages a family may recover in a wrongful death case.

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).

In plain terms, those categories include:

• Sorrow and mental anguish, including the loss of companionship, comfort, guidance and advice from the person who died.
• Income the person was expected to earn, and the services, protection and care they would have provided.
• Medical expenses for treating the injury that led to death.
• Reasonable funeral expenses.

They do not state an amount a family can expect.

When Punitive Damages May Be Available

Punitive damages require conduct that meets a higher standard than ordinary carelessness. Virginia’s rule reads:

Virginia allows punitive damages for actual malice, or for willful or wanton conduct or recklessness showing a conscious disregard for the safety of others, capped at $350,000 (Va. Code § 8.01-38.1).

The cap is set out in Va. Code § 8.01-38.1. The jury is not told about that limit.

The Supreme Court of Virginia has explained the conduct involved.

Punitive damages are not automatic in every crash.

How Commercial Truck Crashes Raise Different Questions

Commercial carriers work under federal safety rules. Those rules create records that can matter after a fatal crash. Each motor carrier must keep a driver qualification file for each driver it employs. Federal hours-of-service rules govern how long commercial drivers may work and when they must rest (FMCSA hours of service).

Other records can also bear on a commercial crash. They may include maintenance and inspection files, dispatch and cargo records, electronic logging device data, and driver training files. Whether these records exist, and what they show, varies from crash to crash. None can be assumed in advance.

A commercial crash can involve several insurers, which adds steps to the investigation. Many commercial routes in the Shenandoah Valley run along Interstate 81. Families who keep every letter and record from each insurer stay better organized.

Evidence, Crash Reporting and Deadlines Families Should Know

Crash reporting rules and filing deadlines are separate, and families should know both. 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 reporting duty appears in Va. Code § 46.2-894, which also requires help for injured people.

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.

Section 8.01-243 of the Virginia Code, at Va. Code § 8.01-243, provides that, unless otherwise provided in that section or by other statute, every action for personal injuries, whatever the theory of recovery, shall be brought within two years after the cause of action accrues. That rule covers injury claims. Wrongful death runs on its own timeline, set out in the first section. Some claims carry notice requirements that run out sooner, so raising deadlines early helps.

Early evidence can fade. Families may wish to preserve:

• The police report and any crash report number
• Photos of the scene and the vehicles
• Names and addresses of witnesses
• Medical and hospital records
• Funeral and expense receipts
• Employment and income records
• Any letters from insurers

How a Wrongful Death Case Typically Moves Forward

A wrongful death case usually moves from review, to evidence gathering, to insurer discussions, and then to a lawsuit if needed. The steps are:

1. Review. Look at the crash facts, the parties involved and the family’s losses.
2. Preserve evidence. Request records early, including carrier files and police reports.
3. Identify parties and insurers. Determine who may be responsible and which insurers may be involved.
4. Discuss the claim with insurers. These talks may or may not resolve the claim without a lawsuit.
5. File if needed. The personal representative files the lawsuit in the proper Virginia court. Discovery follows, such as document exchange and depositions.
6. Resolve the case. A case ends by agreement or by trial.

Timing varies with the facts and the court, so no fixed schedule applies.

Correll Law Firm and the Communities It Serves

Families who lost someone in a crash with a commercial driver in Virginia can learn about the firm here. Correll Law Firm focuses on serious injury and wrongful death matters, including commercial truck and commercial vehicle crashes.

The firm is based in Winchester and has an office in Harrisonburg. It serves families across the Shenandoah Valley, and in Richmond and Henrico County.

Its practice areas include car accidents, truck accidents, commercial vehicle accidents, catastrophic injuries, traumatic brain injury, spinal cord injury and wrongful death. Readers can learn more on the firm’s commercial vehicle accident page.

Frequently Asked Questions About Commercial Driver Wrongful Death Claims