Truck crashes in Virginia happen far too often. When a truck driver hits a smaller vehicle, the resulting impact often causes severe or fatal injuries. If a negligent truck driver hits you in your car, trust the experienced Virginia truck accident attorneys at Emroch & Kilduff to advocate for your rights. Our dedicated truck crash lawyers have secured settlements and verdict awards for thousands of seriously injured victims.
Why Hire Us?
Since 1970, Emroch & Kilduff’s Virginia truck accident attorneys have fiercely advocated for hundreds of clients, delivering justice for severe motor vehicle accidents and wrongful deaths. Find the Right Lawyer for My Case and get the legal support you need to pursue the compensation you deserve. Our recent personal injury successes include:
- $1.5 million medical malpractice settlement
- $990,000 medical malpractice settlement
- $750,000 truck accident settlement
- $540,000 truck accident settlement
Recognized by U.S. News & World Report on Best Lawyers’ Best Law Firms lists for 2023–2025, our distinguished Virginia truck accident lawyers are committed to your recovery. We know how to maximize the compensation for your truck accident injuries. Visit us at 7301 Forest Ave., Suite 300, Richmond, VA 23226, conveniently located near I-64, opposite Henrico Doctors’ Hospital and Westport Rehabilitation and Nursing Center. Call (804) 358-1568 for a complimentary consultation about your truck crash injury.
Virginia Truck Accident Compensation
Truck accidents frequently cause severe injuries, but with the skill of our dedicated Virginia truck accident attorneys at Emroch & Kilduff, you may secure compensation for various damages. Below is an overview of the types of compensation available:
Economic Damages
Economic damages cover tangible financial losses from a truck accident. These include:
- Medical Expenses: Costs for hospital stays, surgeries, rehabilitation, and ongoing treatment for injuries like fractures, traumatic brain injuries, or spinal cord damage.
- Lost Income: Compensation for income lost due to time away from work or reduced earning capacity if injuries prevent returning to your previous occupation.
- Property Damage: Funds to repair or replace damaged property, such as your vehicle.
- Other Expenses: Out-of-pocket costs, including transportation to medical appointments.
Non-Economic Damages
Non-economic damages compensate for intangible losses that profoundly affect your quality of life, including:
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
- Loss of Enjoyment of Life: Damages for limitations on participating in hobbies, family activities, or daily routines due to injuries.
These damages are subjective, requiring a skilled Virginia truck accident lawyer to determine and justify fair compensation based on the severity of the injury and its long-term impacts. After a Truck Accident, having experienced legal guidance is essential to accurately assess these non-economic damages and build a strong claim.
Punitive Damages
In exceptional cases, Virginia courts may award punitive damages if the at-fault party’s actions were grossly reckless or malicious, such as driving under the influence or intentionally causing harm. These damages aim to punish the wrongdoer and deter future misconduct, not to compensate the victim. Virginia caps punitive damages at $350,000 and requires compelling evidence of willful misconduct, making experienced truck crash attorney guidance necessary.
Wrongful Death Damages
If a truck accident results in a fatality, surviving family members may pursue wrongful death damages. In Virginia, these claims may include:
- Funeral and Burial Expenses: Costs associated with laying a loved one to rest.
- Loss of Financial Support: Compensation for the deceased’s contributions to household income.
- Loss of Companionship: Damages for the emotional distress caused by the loss of a spouse, parent, or child.
Eligible claimants, such as a surviving spouse, children, or parents, can rely on our attorneys to navigate Virginia’s wrongful death laws, including the two-year statute of limitations, to secure just compensation.
Where And How Virginia Truck Accidents Happen
Virginia has ample truck traffic, and serious big rig accidents happen frequently in the following areas:
Highway Hotspots
Virginia’s major highways, such as I-95, I-64, and I-81, are common sites for truck accidents due to heavy traffic, high speeds, and frequent truck traffic. These interstates, especially around urban areas like Richmond, Norfolk, and Roanoke, see significant commercial truck activity, increasing the risk of collisions. Interchanges, merges, and construction zones further amplify dangers, as large trucks require longer stopping distances and have limited maneuverability. Rural highways also pose risks, with narrow lanes and unexpected obstacles, such as wildlife or farm equipment, contributing to crashes.
Urban and Suburban Challenges
Truck accidents in cities such as Virginia Beach, Arlington, and Richmond occur at busy intersections or in congested traffic. Delivery trucks and smaller commercial vehicles navigating tight streets can collide with cars, cyclists, or pedestrians. Causes of Truck Accidents in these areas often include poorly timed traffic signals, distracted driving, or failure to yield. Suburban areas with mixed traffic, commuters, cyclists, and trucks face similar issues, particularly during rush hours when impatient drivers may make risky maneuvers around slow-moving trucks.
Common Causes of Truck Accidents
Truck accidents in Virginia frequently stem from driver fatigue, a significant issue given that federal regulations limit driving hours and often push drivers to the limit. Distracted driving, such as texting or adjusting the GPS, is another significant contributor. Mechanical failures, like brake malfunctions or tire blowouts, which are often due to inadequate maintenance, also play a significant role. Additionally, speeding, tailgating, or aggressive driving by truckers or other motorists can lead to catastrophic collisions, especially given a truck’s size and weight.
Environmental and Road Conditions
Virginia’s diverse weather, such as rain, fog, and occasional snow, contributes to truck accidents, particularly on wet or icy roads where traction is limited. Poorly maintained roads, potholes, or inadequate signage can catch drivers off guard. Nighttime driving poses additional risks, as reduced visibility and driver fatigue combine to increase the likelihood of accidents, particularly on unlit rural roads.
Impact of Negligence
Many truck accidents result from negligence, whether by the truck driver, the trucking company, or other parties. Overloaded or improperly secured cargo can cause rollovers or debris hazards. Trucking companies that cut corners on maintenance or pressure drivers to meet tight schedules often share liability. Our Virginia truck accident attorneys at Emroch & Kilduff can help victims pursue compensation when negligence leads to an accident.
Fighting The Insurance Company
A Virginia truck accident lawyer is critical to maximizing your compensation after a truck accident. Emroch & Kilduff will engage in the following to assist:
Navigating Insurance Company Tactics
After a truck accident in Virginia, insurance companies often prioritize their profits over your recovery, employing tactics to minimize payouts. They may offer quick, lowball settlements that fail to cover medical bills, lost income, or long-term care needs. A skilled Virginia truck accident lawyer at Emroch & Kilduff counters these strategies by thoroughly evaluating your case, ensuring all economic, non-economic, and potentially punitive damages are accounted for. Our attorneys reject inadequate offers and negotiate aggressively to secure fair compensation.
Investigating and Building a Strong Case
Insurance companies may dispute liability, claiming you or another party were at fault. Our experienced truck accident lawyers conduct detailed investigations, gathering critical evidence like police reports, witness statements, truck black box data, and maintenance records. By working with accident reconstruction experts, we establish the truck driver’s or company’s negligence, such as fatigue, speeding, or improper maintenance, strengthening your claim against attempts to shift blame.
Handling Complex Legal and Regulatory Issues
Truck accidents involve intricate federal and Virginia regulations, including those from the Federal Motor Carrier Safety Administration (FMCSA). Insurance companies exploit these complexities to delay or deny claims. Our attorneys, well-versed in trucking laws, ensure compliance with regulations like hours-of-service rules and maintenance standards are scrutinized. We identify violations that bolster your case, holding trucking companies accountable for negligence or cutting corners.
Maximizing Compensation for Your Losses
Insurers often undervalue non-economic damages, such as pain and suffering or loss of enjoyment of life, which are more difficult to quantify. How a Lawyer Can Help Seek Compensation is by meticulously documenting your physical and emotional hardships, consulting medical experts to project long-term impacts. For wrongful death claims, we fight for compensation covering funeral costs, loss of support, and emotional grief, ensuring families aren’t shortchanged by insurers seeking to limit payouts.
Litigation as a Last Resort
While many claims settle out of court, insurance companies sometimes refuse reasonable offers. Our seasoned trial attorneys at Emroch & Kilduff are prepared to take your case to court, leveraging our track record of successful verdicts to negotiate fair settlements with insurers. With Virginia’s two-year statute of limitations, we act swiftly to file claims, preserving your right to justice.
What Should You Do After A Truck Accident In Virginia?
A truck accident in Virginia can be a traumatic experience, but acting swiftly and strategically is vital to protect your health, legal rights, and ability to secure fair compensation. Virginia’s strict contributory negligence laws mean even a minor mistake can jeopardize your claim, so careful action is essential. While a truck accident lawyer provides experienced guidance, your immediate steps post-crash significantly impact your case.
Seek Medical Attention Immediately
Your health is the top priority. Seek medical attention promptly, even if injuries seem minor, as some conditions, like concussions or internal trauma, may not be immediately apparent. Medical records will also serve as critical evidence linking your injuries to the accident, strengthening your claim.
Collect Evidence at the Scene
Document the accident scene to support your case if you’re physically able. Take clear photos of the crash site, including damaged vehicles, road conditions, skid marks, and visible injuries. Exchange contact and insurance information with the other driver, but avoid discussing fault or making statements that can be used against you. Collect contact details from witnesses, as their testimony can be vital in proving liability, especially in Virginia, where establishing the other party’s negligence is critical. Determining who is Liable for a Truck Accident often depends on these early details. If police respond, request a copy of the accident report for your lawyer to use in building your case.
Report the Accident and Notify Your Insurer
Virginia law mandates reporting accidents involving injuries, fatalities, or significant property damage to the police or the Department of Motor Vehicles within a reasonable timeframe. Promptly notify your insurance company, but stick to factual details and avoid admitting fault. Insurance adjusters may attempt to minimize your claim or shift blame, particularly in truck accident cases where bias against victims can occur. Consult a Virginia truck accident attorney before providing a detailed statement, as this helps safeguard your interests and prevents unintentional harm to your case.
Consult a Virginia Truck Accident Lawyer
Contact an experienced Virginia truck accident attorney as soon as possible to evaluate your case and navigate the legal process. At Emroch & Kilduff, our attorneys, available at (804) 358-1568 for a free consultation, have secured significant settlements, including $750,000 for a truck accident victim.
We thoroughly investigate the crash, manage communications with insurers, and pursue compensation for medical expenses, lost income, pain and suffering, and other damages. Our team ensures compliance with Virginia’s two-year statute of limitations for personal injury claims. It addresses the state’s contributory negligence rule, which can block recovery if you’re found even slightly at fault.
Preserve Evidence and Track Expenses
Keep meticulous records of all accident-related expenses, including medical bills, vehicle repair costs, and lost income from missed work. Preserve physical evidence, such as damaged equipment or the truck itself, as it may be needed for investigation. Avoid posting about the accident on social media, as insurers may use your posts to undermine your claim. Never Accept a Settlement Offer without legal guidance—your lawyer can collaborate with experts, such as accident reconstructionists, to strengthen your case, ensuring all evidence is preserved and presented effectively to maximize your compensation.
Taking these steps diligently can significantly enhance your chances of a successful outcome. Contact Emroch & Kilduff today to ensure your rights are protected. Do not try to negotiate your own settlement with the insurance company; insurance adjusters know how to minimize payouts and use stalling tactics to get you less money. Our attorneys will keep the pressure on and never settle for less.
Contact Our Virginia Truck Accident Lawyer
If you or a loved one has suffered an injury in a truck accident in Virginia, you should always contact a highly skilled personal injury attorney. Emroch & Kilduff has developed an excellent reputation for success in Virginia truck accident cases and for our other personal injury clients as well. Let us protect your rights and pursue maximum compensation. Call us at (804) 358-1568 for a free legal consultation.