Truck accident
Truck Accident Attorneys in Chesapeake, Virginia
The firms in this guide
1. Cooper Hurley Injury Lawyers
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, tractor-trailer wrecks, wrongful death from truck accidents, catastrophic injuries from trucking collisions, railroad accidents
Case Types Handled: Jackknife accidents, rollover accidents, rear-end collisions with trucks, blind spot accidents, driver fatigue accidents, drunk driving truck accidents, distracted driving truck accidents, cargo shift accidents
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, electronic logging device (ELD) data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Founded by John M. Cooper and James Hurley. John Cooper graduated from University of Virginia School of Law in 1988, clerked for federal judge in U.S. District Court for Eastern District of Virginia. Licensed in Virginia, North Carolina, and West Virginia. AV Preeminent rated by Martindale-Hubbell. Recognized by Virginia Super Lawyers. Governor At Large of Virginia Trial Lawyers Association (VTLA). Chair of FELA Litigation Group, American Association for Justice. U.S. News Best Lawyers recognition for Plaintiff’s Personal Injury and Railroad Law. Virginia Lawyers Weekly Hall of Fame inductee. Notable results include $6.5 million car accident settlement (largest reported recovery in Virginia 2020), $5 million for woman injured by truck driver, second-highest car crash verdict in Virginia in 2022.
Location: 512 Albemarle Dr #102, Chesapeake, VA 23322
Contact: (757) 333-3333 | https://cooperhurley.com/chesapeake-injury/truck-accident-lawyer/
Consultation: Free consultation available. Contingency fee basis (no fee unless recovery is obtained).
2. Rutter Mills LLP
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, tractor-trailer accidents, personal injury, wrongful death, maritime injury
Case Types Handled: Jackknife accidents, rollover accidents, rear-end collisions with trucks, improper cargo loading accidents, mechanical failure accidents, driver fatigue accidents, improper lane change accidents
Legal Services: Trucking company negligence investigation, driver log analysis, federal regulation compliance review, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death representation
Background: Firm established for over 65 years. Licensed in Virginia and North Carolina. Handles cases throughout Hampton Roads region including Chesapeake, Norfolk, Virginia Beach, Newport News, Hampton, Suffolk, Portsmouth. Represented clients in major truck accident cases throughout Virginia.
Location: 160 W Brambleton Ave., Norfolk, VA 23510 (Serves Chesapeake)
Contact: (757) 777-7777 | [email protected] | https://www.ruttermills.com/chesapeake/truck-accident-lawyers/
Consultation: Free consultation available 24/7. Contingency fee arrangement (no fee unless case is won).
3. Smith Law Center
Practice Focus: Truck accidents, semi-truck collisions, 18-wheeler accidents, commercial vehicle accidents, tractor-trailer crashes, wrongful death, catastrophic injury
Case Types Handled: Rollover accidents, jackknife accidents, underride crashes, collisions on I-64, I-464, Battlefield Boulevard, rear-end truck collisions, brake failure accidents, driver fatigue accidents
Legal Services: Electronic logging data analysis, inspection record review, hiring file investigation, maintenance log examination, black box data retrieval, FMCSR violation investigation, insurance negotiation, litigation, trial representation, settlement negotiations, contributory negligence defense
Background: Family-run firm with three generations of Smith attorneys. Over 75 years representing injured Virginians. Trial-ready with record of high-stakes courtroom wins. Notable results include record verdict in Norfolk against Werner Transportation for mild traumatic brain injury, $1,550,000 trucking company settlement for mild traumatic brain injury victim.
Location: Norfolk, VA (Serves Chesapeake and surrounding areas)
Contact: (757) 244-7000 | https://www.smithlawcenter.com/practice-areas/chesapeake-truck-accident-lawyer
Consultation: Free case evaluation available. Responses within 1 hour during business hours. Available 24/7.
4. Montagna Law
Practice Focus: Truck accidents, commercial vehicle accidents, semi-truck collisions, tractor-trailer accidents, personal injury, wrongful death
Case Types Handled: Rollover accidents, cargo spill accidents, improperly secured cargo accidents, driver negligence accidents, trucking company negligence cases, underride accidents
Legal Services: Federal Motor Carrier Safety Administration (FMCSA) regulation investigation, liability determination, trucking company negligence claims, driver negligence claims, cargo loader liability investigation, insurance claim negotiation, litigation, trial representation, medical expense calculation, lost income recovery, pain and suffering claims, punitive damage claims (subject to Virginia $350,000 cap)
Background: Experienced personal injury attorneys handling truck accident cases in Virginia. Knowledgeable in Virginia’s contributory negligence rule and its impact on truck accident claims. Understanding of FMCSA regulations and Virginia’s filing deadlines under Va. Code § 8.01-243.
Location: Chesapeake, VA
Contact: https://www.montagnalaw.com/service-areas/chesapeake-truck-accident-lawyers/
Consultation: Free consultation. Contingency fee basis (no fee unless compensation is recovered).
5. Huffman & Huffman Brothers-in-Law, P.C.
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, catastrophic injury, personal injury, wrongful death
Case Types Handled: Jackknife accidents, rollover accidents, rear-end truck collisions, defective parts accidents, improper maintenance accidents, cargo loading accidents, overloaded truck accidents
Legal Services: Evidence gathering, witness statement collection, case building, insurance company negotiations, litigation, trial representation, medical bill recovery, lost wage claims, pain and suffering damages, wrongful death representation
Background: Family-owned law firm serving Chesapeake community for over 50 years. Founded in 1973. Over 150 years of combined legal experience among team members. Strong relationships with local courts and accident reconstruction professionals. Served tens of thousands of families in the Hampton Roads community.
Location: Chesapeake, VA area
Consultation: Free consultation available 24 hours a day. Contingency fee basis (no payment until case is won).
Truck Maintenance, Hazardous Loads and Underinsured Motorist Coverage in Chesapeake Truck Crash Claims
A Chesapeake truck crash can involve a poorly maintained truck, a hazardous load or an impaired driver. Federal rules set the carrier’s maintenance, coverage and alcohol duties, and Virginia law sets what the injured driver’s own uninsured and underinsured motorist coverage pays and caps punitive damages.
Maintenance and Inspection
Under 49 CFR 396.3, every motor carrier must systematically inspect, repair and maintain each vehicle subject to its control, keep maintenance records for 1 year where the vehicle is housed or maintained, and keep them for 6 months after the vehicle leaves its control. Under 396.17, each commercial motor vehicle, including each unit of a combination, must have passed a periodic inspection within the preceding 12 months.
Hazardous Loads and Alcohol
Under 49 CFR 387.9, listed oil and hazardous materials not covered by the higher rows require $1,000,000 in public liability coverage, and bulk hazardous substances and listed explosive, poison and radioactive categories require $5,000,000. Under 382.201, a driver subject to the federal testing rules may not report for or remain on safety-sensitive duty with an alcohol concentration of 0.04 or greater.
Uninsured and Underinsured Motorist Coverage
Under Virginia Code 38.2-2206(A), a motor vehicle liability policy must include uninsured motorist coverage equal to the policy’s liability limits unless any one named insured rejects the additional coverage, and underinsured motorist coverage at the same limits. Underinsured motorist coverage is paid without credit for the at-fault driver’s liability coverage, unless the named insured elects a reduction.
Punitive Damages
Under Virginia Code 8.01-38.1, total punitive damages against all defendants may not exceed $350,000; the jury is not told of the limit, and the judge reduces a larger verdict to that amount.
Chesapeake Truck Accident Questions
What happens if I was partly at fault in the truck crash?
Your own negligence can defeat the claim. The Supreme Court of Virginia, in O’Neill v. Windshire-Copeland Associates (2004), answered in the affirmative whether a plaintiff’s contributory negligence is available to the defendant as a complete defense, and held the defense available even when the defendant’s building code violation was negligence per se. Ask counsel how the carrier is likely to raise it on the facts of the crash.
How long do I have to sue the carrier?
Two years after the cause of action accrues for personal injury under Virginia Code 8.01-243(A), five years for injury to property under 8.01-243(B), and two years after the death for wrongful death under 8.01-244(B). For a City of Chesapeake truck, Virginia Code 15.2-209 requires a written statement of the negligence claim, with the time and place of the injury, filed with the city attorney, chief executive or mayor within six months after accrual, unless one of them or the city’s insurer had actual knowledge of the claim within that time.
What must the truck driver do at the scene?
Under Virginia Code 46.2-894, stop as close to the scene as possible, report name, address, driver’s license number and vehicle registration number to the police and to the persons involved, and render reasonable assistance; a violation is a Class 5 felony when the accident causes injury or death.
What coverage must a Virginia driver carry?
Under Virginia Code 46.2-472(B), owner’s policies effective on or after January 1, 2025 must carry at least $50,000 for bodily injury to or death of one person, $100,000 for two or more persons and $25,000 for property damage in one accident.