Truck accident
Truck Accident Attorneys in Virginia Beach, Virginia
The firms in this guide
1. Shapiro, Washburn & Sharp
Practice Focus: Truck accidents, tractor-trailer collisions, 18-wheeler accidents, commercial vehicle accidents, wrongful death, catastrophic injuries, railroad accidents, pedestrian accidents, medical malpractice
Case Types Handled: Semi-truck collisions, tractor-trailer crashes, commercial truck accidents, rear-end truck collisions, jackknife accidents, rollover accidents, underride accidents, head-on truck collisions, cargo accidents, driver fatigue accidents
Legal Services: Federal Motor Carrier Safety Administration (FMCSA) regulation compliance analysis, hours of service violation investigation, electronic logging device (ELD) data analysis, black box data retrieval, trucking company negligence investigation, driver qualification review, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, evidence preservation
Background: Firm established in 1985 with over seven decades of combined legal experience. The firm has returned significant multi-million dollar settlements from motor vehicle accidents on behalf of clients throughout Virginia. Attorneys handle cases throughout the Hampton Roads area and Virginia. The firm emphasizes a client-focused approach and has resources to investigate complex trucking cases. Licensed in Virginia and North Carolina.
Location: Virginia Beach, Virginia (Hampton Roads area)
Contact: (833) 997-1774 | (757) 321-3983 | https://www.hsinjurylaw.com
Consultation: Free consultation, contingency fee arrangement (No Win, No Fee with all costs advanced)
2. Deering Hedrick
Practice Focus: Truck accidents, 18-wheeler collisions, commercial vehicle accidents, car accidents, personal injury, wrongful death
Case Types Handled: Semi-truck collisions, 18-wheeler crashes, tractor-trailer accidents, commercial vehicle accidents, truck driver negligence accidents, trucking company negligence accidents, cargo manifest violations, hours of service violations, maintenance failure accidents
Legal Services: Hours of service log investigation, black box data retrieval and analysis, cargo manifest review, truck inspection record examination, maintenance record investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, evidence preservation
Background: Attorneys Mike Deering and Chris Todd Hedrick have dedicated their practice to advocating for accident victims in Virginia Beach and surrounding communities. The firm has been named by Expertise.com as one of the firms for personal injury representation in Virginia Beach for 2022. The firm handles cases throughout Hampton Roads. Licensed in Virginia.
Location: 565 N. Birdneck Rd., Virginia Beach, VA 23451
Contact: (757) 383-6848 | (757) 695-9660 | (757) 304-8713 | https://www.deeringhedrick.com
Consultation: Free initial case review, contingency fee arrangement
3. The Law Firm of Carlton F. Bennett, P.L.L.C.
Practice Focus: Truck accidents, semi-truck collisions, commercial vehicle accidents, personal injury, wrongful death, catastrophic injuries
Case Types Handled: Semi-truck wrecks, 18-wheeler accidents, tractor-trailer collisions, commercial truck crashes, truck maintenance failure accidents, driver training negligence accidents, driver fatigue accidents, equipment failure accidents
Legal Services: Trucking company protocol investigation, driver history examination, federal and local law compliance analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, evidence preservation, accident scene investigation
Background: Over 47 years of legal experience in personal injury representation. The firm emphasizes extensive trial experience and has a proven record of success in truck accident cases. Attorneys conduct full investigations of accidents quickly and thoroughly, examining driver history and trucking company protocols to verify compliance with safety guidelines and laws. Licensed in Virginia.
Location: Virginia Beach, Virginia
Contact: https://www.carltonbennettlaw.com
Consultation: Free consultation available
4. Breit Biniazan, P.C.
Practice Focus: Truck accidents, commercial vehicle collisions, car accidents, personal injury, wrongful death, brain injuries, asbestos exposure cases
Case Types Handled: Trucking accidents, commercial truck collisions, semi-truck crashes, 18-wheeler accidents, driver negligence accidents, trucking company negligence accidents, cargo accidents, maintenance failure accidents
Legal Services: Accident report collection, witness statement gathering, medical record documentation, expert testimony coordination, insurance claim negotiation, litigation, trial representation, settlement negotiations, punitive damage claims in cases of gross negligence
Background: Breit Biniazan is a reputable personal injury firm based in Virginia Beach known for handling complex legal cases. The firm has experience with skilled negotiation and is prepared to take cases to court when fair settlements cannot be reached. Multiple attorneys at the firm have been recognized by Super Lawyers. Licensed in Virginia.
Location: Virginia Beach, Virginia
Contact: https://www.bbtrial.com
Consultation: Free consultation available
5. SRGS Law (Ruloff, Swain, Haddad, Morecock, Talbert & Woodward, P.C.)
Practice Focus: Truck accidents, commercial vehicle collisions, personal injury, wrongful death, premises liability, medical malpractice
Case Types Handled: Truck collisions, semi-truck accidents, 18-wheeler crashes, commercial vehicle accidents, driver fatigue accidents, speeding accidents, impaired driving accidents, distracted driving accidents, mechanical failure accidents
Legal Services: Trucking accident investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, pain and suffering claims, punitive damage claims in appropriate cases, evidence preservation
Background: From offices in Virginia Beach, the firm has handled truck accident claims throughout the Tidewater region for over 30 years. The firm prides itself on the knowledge and experience built while representing truck accident victims. Attorneys provide compassionate representation while fighting for clients’ legal interests. Licensed in Virginia.
Location: Virginia Beach, Virginia (Tidewater region)
Contact: https://srgslaw.com
Consultation: Free consultation available
Carrier Coverage, Driving Limits and Wrongful Death Claims in Virginia Beach Truck Crash Cases
A Virginia Beach truck crash claim can draw on federal rules for interstate carriers, including the coverage the carrier must have and how long the driver may drive. Virginia law then sets the truck driver’s duties at the scene and, when a crash is fatal, what the family recovers and how it is shared.
Which Trucks the Federal Rules Reach and Their Coverage
Under 49 CFR 390.5, a commercial motor vehicle includes a vehicle used on a highway in interstate commerce with a gross vehicle weight rating or gross combination weight rating, or actual gross weight, of 10,001 pounds or more, whichever is greater. Under 49 CFR 387.9, a for-hire carrier hauling nonhazardous property in interstate or foreign commerce in a vehicle rated 10,001 pounds or more must carry at least $750,000, and under 387.7 it may not operate until that coverage is in effect.
The Daily Driving Window and Post-Crash Testing
Except as otherwise provided in 49 CFR 395.1, 49 CFR 395.3(a) requires a property-carrying driver to have 10 consecutive hours off duty before driving, limits driving to 11 hours, bars driving after the 14th consecutive hour after coming on duty, and bars driving once more than 8 hours of driving time have passed without a consecutive 30-minute interruption. Under 382.303, a fatal crash requires alcohol and drug testing of the surviving driver, and an injury or tow-away crash requires it when the commercial driver is cited for a moving violation arising from the crash within 8 hours (alcohol) or 32 hours (drugs).
The Truck Driver’s Duties at the Scene
Under Virginia Code 46.2-894, the driver of a vehicle in an accident causing death, injury or damage to attended property must stop as close to the scene as possible, report name, address, driver’s license number and vehicle registration number to the police and the persons involved, and render reasonable assistance. A violation is a Class 5 felony if the accident causes injury, death or more than $1,000 of property damage.
When a Crash Is Fatal
Under Virginia Code 8.01-52, damages may include sorrow, mental anguish and solace, the reasonably expected loss of income and services, care and treatment expenses, reasonable funeral expenses, and punitive damages for willful or wanton conduct or recklessness showing conscious disregard for others’ safety. Under 8.01-53(A), the award goes first to the surviving spouse, children and children of a deceased child.
Virginia Beach Truck Accident Questions
What if the trucking company says I was partly at fault?
Virginia allows contributory negligence as a complete defense. In O’Neill v. Windshire-Copeland Associates (2004), the Supreme Court of Virginia answered in the affirmative a certified question asking whether a plaintiff’s contributory negligence is available to the defendant as a complete defense, even where the defendant’s building code violation was negligence per se. Ask counsel how the defense fits the facts before relying on a shared-fault recovery.
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). If the truck was a City of Virginia Beach vehicle, Virginia Code 15.2-209 bars a negligence claim against the city unless a written statement with the time and place of the injury is filed with the city attorney, chief executive or mayor within six months after accrual, or one of them or the city’s insurer had actual knowledge of the claim within that time.
Is there a cap on punitive damages?
Yes. Under Virginia Code 8.01-38.1, total punitive damages against all defendants may not exceed $350,000, and the judge reduces a larger verdict to that amount.
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.