Hurt in a Henrico Truck Crash? Start With Clear Answers

A truck accident claim seeks compensation for injury or death caused by a large commercial vehicle, such as a tractor-trailer or box truck. The firm handles these claims for people in Henrico County and the wider Richmond area, as well as for families who lost a loved one in a crash. For Henrico residents hurt in a truck crash, this page explains what the claim involves in Virginia and what to expect.

When a Truck Crash Calls for a Truck Accident Lawyer

A truck crash usually calls for a closer look when injuries are serious, when several parties may be involved, or when someone has died. Many truck crashes involve more than one party. The driver, the company that operates the truck, a company that loaded or maintained it, or others may each play a role. That can make the claim more involved than a standard car crash.

This page is written for people in Henrico County and the Richmond area who were hurt in a crash with a commercial truck. It is also written for families of people killed in one.

The firm’s offices are in Winchester and Harrisonburg. The firm represents people from the Shenandoah Valley to Richmond and Henrico County.

What the Firm’s Truck and Commercial Vehicle Work Covers

The firm handles truck accidents, commercial vehicle accidents, car accidents, catastrophic injuries, traumatic brain injury, spinal cord injury and wrongful death cases.

Car and truck crashes raise many of the same questions, such as who caused the crash and how serious the injuries are. A truck case often differs in three ways:

• Size. A loaded truck weighs far more than a passenger car, so impacts often cause more harm.
• Parties. More companies and people may have a role in how the truck is driven, loaded and kept in service.
• Records. Trucking operations may keep driver logs, maintenance and inspection files, and vehicle data.

Evidence in any crash commonly includes police reports, photographs, witness names and medical records. For the full practice overview, see the truck accident lawyer page.

Common Causes and Injuries in Truck Crashes

Truck crashes often come down to a few questions a claim may examine:

• Was the driver tired or impaired by fatigue?
• Did the driver follow federal hours-of-service limits?
• Was the cargo loaded and secured properly?
• Was the truck inspected and maintained?
• Did the driver follow too closely or change lanes unsafely?

Federal rules address fatigue directly. A driver may not operate a commercial motor vehicle when fatigue, illness or another cause impairs, or is likely to impair, the driver’s ability or alertness so that it is unsafe to operate, except in a grave emergency where compliance would increase the hazard, in which case the driver may continue to the nearest place at which that hazard is removed (49 C.F.R. § 392.3). Hours-of-service rules also limit time on the road. Except as otherwise provided in § 395.1, a driver of a property-carrying commercial motor vehicle may drive a total of 11 hours during the 14 consecutive hours after coming on duty following 10 consecutive hours off duty (49 C.F.R. § 395.3).

Because of the size gap, truck crashes can cause serious injuries. The firm handles traumatic brain injury, spinal cord injury and other catastrophic injuries. Some symptoms appear later, so getting checked early matters for your health and for the record of your injuries.

What to Do After a Truck Crash in the Richmond Area

The most important steps after a truck crash are getting medical care and protecting your records.

• Seek medical care, even if your injuries seem minor at first.
• Keep every medical record, bill and receipt.
• Photograph the scene, both vehicles and your injuries.
• Write down witness names and the truck company’s name and any numbers you can see.
• Keep a daily journal of symptoms, missed work and tasks you can no longer do.
• Be careful about guessing at fault in conversations or written statements to others.

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). That duty to report is separate from the deadline for filing a lawsuit, which is covered below.

How a Truck Accident Claim Typically Moves Forward

A truck accident claim usually moves through intake, investigation, evaluation and negotiation, and may end in a lawsuit.

1. Investigation. This may include police reports, carrier and driver records, inspection and maintenance history, and medical documentation.
2. Evaluation. The firm reviews injuries with treating providers and identifies every party who may be responsible.
3. Negotiation. The firm presents the claim to insurers. If a fair resolution cannot be reached, a lawsuit may be filed.

The length of each step varies with the injuries, the number of parties and the evidence.

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.

How Wrongful Death Claims Work in Virginia

Virginia’s wrongful death statute lets the decedent’s personal representative bring an action when a wrongful act, neglect, or default causes a death, if the same act would, had death not followed, have allowed the injured person to bring an action for damages (Va. Code § 8.01-50).

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. Family members do not file the action themselves.

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).

Truck Accident Lawyer Henrico: Serving the Area From Winchester and Harrisonburg

The firm is based in Winchester and Harrisonburg and represents people from the Shenandoah Valley to Richmond and Henrico County. Henrico County residents may reach the firm by phone or visit either of its offices in Winchester or Harrisonburg.

The Virginia rules described on this page apply to a truck crash in Henrico County. For local detail, see the Richmond truck accident lawyer page and the Henrico County personal injury page.

Frequently Asked Questions About Truck Accident Claims