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
Truck Accident Laws and Regulations in Virginia
Statute of Limitations for Personal Injury Claims: Virginia provides two years from the date of the accident to file a personal injury lawsuit arising from a truck accident, pursuant to Virginia Code Section 8.01-243. Missing this deadline typically results in the court dismissing the case and the victim losing the right to seek compensation.
Statute of Limitations for Wrongful Death Claims: If a truck accident results in death, the wrongful death lawsuit must be filed within two years. The two-year period begins from the date of death, which may differ from the date of the accident.
Statute of Limitations for Property Damage Claims: Virginia allows five years from the date of the accident to file a lawsuit for property damage caused by a truck accident.
Fault vs. No-Fault Insurance State: Virginia is a fault-based (tort) state for auto insurance. The person who caused the accident is responsible for paying damages. Victims may file claims against the at-fault party’s insurance or pursue a lawsuit directly. Virginia does not have a no-fault insurance system.
Contributory Negligence Rule: Virginia follows a pure contributory negligence rule, which is one of the strictest fault standards in the nation. Under this doctrine, if a victim is found to be even 1% at fault for the accident, they are completely barred from recovering any compensation. This makes proving the other party’s full liability critical in Virginia truck accident cases. Because of this strict rule, having experienced legal representation is essential to protect your rights and counter any attempts to assign fault to you.
Minimum Auto Insurance Requirements: Virginia requires drivers to either carry liability insurance or pay an Uninsured Motor Vehicle Fee. For those who carry insurance, the minimum liability limits are 30/60/20, meaning $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $20,000 per accident for property damage. Virginia also requires uninsured motorist coverage with minimum limits of 30/60/20.
Commercial Truck Insurance Requirements: Commercial trucks operating in interstate commerce must comply with federal minimum insurance requirements set by the Federal Motor Carrier Safety Administration (FMCSA). For non-hazardous freight, the federal minimum is $750,000. For hazardous materials transport, minimums range from $1 million to $5 million depending on the cargo type.
Vicarious Liability for Trucking Companies: Under the doctrine of respondeat superior, trucking companies in Virginia can be held vicariously liable for the negligent acts of their employee drivers when those acts occur within the scope of employment. Virginia courts also recognize claims for negligent hiring, training, supervision, and retention against trucking companies.
Federal Motor Carrier Safety Regulations: Federal trucking regulations established by the FMCSA apply in Virginia courts. These regulations govern hours of service limits (maximum 11 consecutive hours driving within a 14-hour workday, with mandatory 30-minute breaks after 8 hours), driver qualification requirements, drug and alcohol testing, vehicle maintenance standards, and cargo securement rules. Violations of these federal regulations can serve as evidence of negligence.
Electronic Logging Device (ELD) Requirements: Commercial truck drivers must use ELDs to record their hours of service in compliance with federal law. ELD data provides objective evidence in truck accident cases and can demonstrate hours of service violations or driver fatigue.
Cell Phone Usage Restrictions: Federal regulations prohibit commercial truck drivers from using handheld mobile phones while driving. Violations can serve as evidence of negligence in truck accident cases.
Damage Caps: Virginia does not impose caps on compensatory damages (economic or non-economic) in personal injury cases arising from truck accidents. However, Virginia does cap punitive damages at $350,000 under Virginia Code Section 8.01-38.1. Punitive damages are awarded in rare cases involving particularly egregious conduct.
Government Claims: Claims against government entities in Virginia may have special notice requirements and shorter filing deadlines. If a truck accident involves a government vehicle or occurs on government property, specific procedural requirements may apply.
Frequently Asked Questions
Q: How long do I have to file a truck accident lawsuit in Virginia Beach?
A: Under Virginia Code Section 8.01-243, you have two years from the date of the truck accident to file a personal injury lawsuit. For wrongful death claims, the two-year period begins from the date of death. For property damage claims, you have five years. Missing the filing deadline typically results in losing your right to seek compensation. Because building a strong truck accident case requires time to gather evidence, obtain records, and consult experts, it is important to contact an attorney as soon as possible after the accident.
Q: How does Virginia’s contributory negligence rule affect my truck accident case?
A: Virginia follows a pure contributory negligence rule, which is one of the strictest fault standards in the country. If you are found to be even 1% at fault for the accident, you are completely barred from recovering any compensation. This is a significant barrier for victims seeking compensation. Insurance companies and defense attorneys will aggressively try to assign some portion of fault to you to avoid paying any damages. Because of this harsh rule, having skilled legal representation is essential to prove the other party’s full liability and counter any claims of contributory negligence on your part.
Q: Who can be held liable in a Virginia Beach truck accident case?
A: Multiple parties may share liability in a truck accident case. Potentially responsible parties include the truck driver (for negligence such as speeding, fatigue, distraction, or impairment), the trucking company (under respondeat superior for driver actions within employment scope, and directly for negligent hiring, training, supervision, scheduling, or maintenance), cargo shippers and loaders (for overloaded or improperly secured freight), truck or parts manufacturers (for defective components such as brakes, tires, or transmissions), and maintenance providers (for negligent inspections or repairs). An experienced attorney can investigate to identify all liable parties.
Q: What types of damages can I recover in a Virginia truck accident case?
A: Virginia does not cap compensatory damages in truck accident cases. You may recover economic damages including medical expenses (past and future), lost wages, lost earning capacity, rehabilitation costs, and property damage. You may also recover non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life. In rare cases involving particularly egregious conduct, punitive damages may be available, though these are capped at $350,000 under Virginia law.
Q: What evidence is important to preserve after a truck accident in Virginia Beach?
A: Critical evidence in truck accident cases includes the truck’s electronic control module (black box) data showing speed, braking, throttle position, and GPS information; electronic logging device (ELD) records documenting the driver’s hours of service; the driver’s qualification file including training, medical, and employment records; drug and alcohol testing results; the truck’s maintenance and inspection records; dispatch and communication logs; dashboard camera footage; the police accident report; witness statements; and photographs of the accident scene, vehicle damage, skid marks, and injuries. Trucking companies often resist releasing black box data, so legal motions may be required to preserve and obtain this evidence. Acting quickly after the accident is essential because evidence can be lost, altered, or destroyed.