Truck accident

Truck Accident Attorneys in Norfolk, Virginia

Virginia 5 firms 7 min read

The firms in this guide

  1. Cooper Hurley Injury Lawyers Call Cooper Hurley Injury Lawyers: (757) 333-3333
  2. Smith Law Center Call Smith Law Center: (757) 244-7000
  3. Montagna Law Call Montagna Law: (757) 622-8100
  4. Huffman & Huffman Brothers-in-Law, P.C. Call Huffman & Huffman Brothers-in-Law, P.C.: (757) 525-9820
  5. Anchor Legal Group Call Anchor Legal Group: (757) 529-0000

1. Cooper Hurley Injury Lawyers

Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, tractor-trailer crashes, commercial vehicle accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions, railroad accidents, maritime injuries

Case Types Handled: Jackknife truck accidents, rollover accidents, blind spot accidents, driver fatigue accidents, overload truck accidents, underride accidents, override accidents, side impact truck accidents, lost load accidents, fatal truck accidents, DUI truck 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, accident reconstruction, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims

Background: Firm founded in 2011 by John M. Cooper and Jim Hurley. John Cooper graduated from University of Virginia School of Law in 1988 and is admitted to practice in Virginia, West Virginia, and North Carolina. AV Preeminent rated by Martindale-Hubbell. Selected to Virginia Super Lawyers. Former Chair of the FELA Litigation Group of the American Association for Justice (2011-2017). Served on Virginia Trial Lawyers Association Board of Governors for a decade. Co-authored “The Best Book About Virginia Trucking Accidents.” Over 55 years combined experience among partners. Recovered tens of millions of dollars in settlements and verdicts.

Location: 125 St. Pauls Blvd, Suite 510, Norfolk, VA 23510

Contact: (757) 333-3333 | [email protected] | https://cooperhurley.com

Consultation: Free consultation, available 24/7, contingency fee basis (no fee unless case is won)


2. Smith Law Center

Practice Focus: Truck accidents, tractor-trailer accidents, commercial vehicle accidents, traumatic brain injury, spinal cord injury, catastrophic injury, wrongful death, 18-wheeler accidents, bus accidents, delivery truck accidents, tanker truck accidents

Case Types Handled: Semi-truck collisions, commercial truck crashes, driver fatigue accidents, brake failure accidents, overloaded truck accidents, hazardous material truck accidents, head-on truck collisions, rear-end collisions with trucks

Legal Services: Federal Motor Carrier Safety Regulations investigation, trucking company negligence claims, driver logs analysis, vehicle maintenance record investigation, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, punitive damage claims, wrongful death claims

Background: Multi-generational family law firm founded in 1949 by Joseph Smith. Stephen M. Smith has practiced since 1974 and is licensed in Virginia, New York, and Washington D.C. Graduate of Marquette University’s Neuroanatomical Dissection program. Recognized in The Best Lawyers in America for over 25 years. Past President of Brain Injury Association of Virginia. Past Chairman of American Association for Justice’s Traumatic Brain Injury Litigation Group. Obtained a $10,220,668 verdict against Werner Transportation, believed to be the largest personal injury verdict in Norfolk, Virginia history.

Location: The Joseph Smith Building, 27 W. Queens Way, Suite 300, Hampton, VA 23669 (serves Norfolk area)

Contact: (757) 244-7000 | https://www.smithlawcenter.com

Consultation: Free case evaluation, no fees unless case is won, available 24/7


3. Montagna Law

Practice Focus: Truck accidents, semi-truck accidents, 18-wheeler accidents, commercial vehicle accidents, tractor-trailer crashes, catastrophic injuries, wrongful death, motorcycle accidents, automobile accidents

Case Types Handled: Jackknife accidents, rollover accidents, rear-end truck collisions, blind spot accidents, driver fatigue accidents, overloaded truck accidents, tire blowout accidents

Legal Services: Trucking company negligence investigation, driver negligence claims, federal trucking regulations analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wages, pain and suffering claims, wrongful death claims

Background: Over 125 years of combined legal experience among attorneys. Attorneys Jon Montagna and Lance Jackson handle truck accident litigation. Firm focuses exclusively on personal injury law. Known for standing up to insurance companies on behalf of clients throughout the Hampton Roads area.

Location: Norfolk, VA (serves Norfolk and surrounding Hampton Roads area)

Contact: (757) 622-8100 | https://www.montagnalaw.com

Consultation: Free consultation, contingency fee arrangement


4. Huffman & Huffman Brothers-in-Law, P.C.

Practice Focus: Truck accidents, tractor-trailer accidents, commercial vehicle accidents, 18-wheeler crashes, catastrophic injuries, wrongful death, personal injury litigation

Case Types Handled: Driver fatigue accidents, distracted driving accidents, speeding truck accidents, improper maintenance accidents, overloaded cargo accidents, brake failure accidents, tire blowout accidents, rear-end collisions, rollover accidents

Legal Services: Accident investigation, accident reconstruction, driver log review, maintenance record analysis, black box data retrieval, federal trucking regulation investigation, insurance negotiation, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims

Background: Family-owned law firm established in 1973. Over 150 years of combined experience among attorneys. Have served tens of thousands of families in the community. Work with accident reconstruction experts and review trucking company records, driver logs, and maintenance records.

Location: Norfolk, VA

Contact: (757) 525-9820 | https://www.huffmanhuffman.com

Consultation: Free consultation available 24 hours a day, no fees until case is won


Practice Focus: Truck accidents, tractor-trailer accidents, commercial truck crashes, 18-wheeler accidents, semi-truck collisions, catastrophic injuries, wrongful death

Case Types Handled: Driver negligence accidents, trucking company negligence, hours of service violations, distracted driving accidents, fatigued driving accidents, improper cargo loading accidents, mechanical failure accidents

Legal Services: Federal Motor Carrier Safety Administration regulations investigation, trucking industry standards analysis, accident site investigation, eyewitness interviews, accident report review, medical records analysis, medical expert consultation, insurance negotiations, litigation, trial representation, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims

Background: Provides representation throughout Norfolk, Virginia and the Hampton Roads area. Attorneys have extensive experience with federal trucking laws and industry regulations. Handle complex truck accident cases involving multiple parties and insurance claims.

Location: Norfolk, VA

Contact: (757) 529-0000 | https://www.anchorlegalgroup.com

Consultation: Free consultation available


Driver Qualifications, Weekly Hours and the Punitive Damages Cap in Norfolk Truck Crash Claims

For a Norfolk truck crash, federal rules set the driver’s qualifications, the weekly on-duty limits and the carrier’s record and inspection duties. Virginia law then caps punitive damages and sets the rules for a claim against the Commonwealth.

Who May Drive

Except as provided in subpart G, 49 CFR 391.11(b) qualifies a person to drive a commercial motor vehicle only if the person is at least 21, can read and speak English sufficiently, can safely operate the vehicle by experience or training, is physically qualified, holds one currently valid commercial license, is not disqualified and has completed a road test or presented an accepted equivalent.

Weekly Hours, Records and Inspection

Under 49 CFR 395.3(b), a property-carrying driver may not drive after 60 hours on duty in 7 consecutive days if the carrier does not operate every day, or after 70 hours in 8 consecutive days if it does; 395.3(c) allows a restart after 34 or more consecutive hours off duty. Under 395.8(k)(1), duty-status records are kept at least 6 months, under 390.15(b) the accident register is kept for 3 years, and under 396.17 each commercial motor vehicle must have passed a periodic inspection within the preceding 12 months.

The Punitive Damages Cap

Under Virginia Code 8.01-38.1, in any action accruing on or after July 1, 1988, total punitive damages against all defendants may not exceed $350,000. The jury is not told of the limit, and the judge reduces any larger verdict to that amount.

Claims Against the Commonwealth

Under Virginia Code 8.01-195.3, the Commonwealth is liable for an employee’s negligence within the scope of employment as a private person would be, without punitive damages or prejudgment interest, up to $100,000 for claims accruing on or after July 1, 1993, or the limits of any applicable liability policy, whichever is greater. Under 8.01-195.6(A), a written statement of the claim must be filed within one year after accrual.


Norfolk Truck Accident Questions

How does my own share of fault affect a truck claim?

It can bar the claim. 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, where the defendant’s building code violation was negligence per se. A driver whose own negligence helped cause the crash can lose the whole claim, so ask counsel how the defense fits the facts.

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). A City of Norfolk truck changes the first deadline: under Virginia Code 15.2-209, a written statement of the negligence claim, with the time and place of the injury, must be 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, while a claim against the Commonwealth follows the one-year notice in 8.01-195.6.

Does my policy cover an uninsured truck driver?

Yes. Under Virginia Code 38.2-2206(A), a motor vehicle liability policy must include uninsured and underinsured motorist coverage, at limits equal to the liability limits unless a named insured rejects the additional coverage above the 46.2-472 minimums.

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.