What Happens If A Loved One Is Killed In A Truck Accident In Virginia?
Key Highlights For Virginia Families:
- What Happens If A Loved One Is Killed In A Truck Accident In Virginia? Their family can usually file a Virginia wrongful death lawsuit against the truck driver or trucking company.
- The wrongful death lawsuit is typically filed by the deceased’s personal representative (the estate) and may include all of the parties involved in the truck accident, including the trucking company, the maintenance contractor, when applicable, and various other parties involved, such as the driver’s employer or the cargo loader.
- Virginia truck accident wrongful death claim may recover compensation for funeral expenses, loss of income, pain and suffering, medical expenses, loss of companionship, etc. The amount of damages available to victims of truck accidents resulting from the death of their loved one will depend on the particular case and the damages.
- In addition to being based upon a wrongful death truck accident Virginia paid out to the family of the deceased as a result of negligence (e.g., accident reports, driver logbooks, and vehicle inspection records).
- Truck crash lawsuits often rely heavily upon available physical evidence being collected at the scene of the accident, including, but not limited to, the crash event data recorder, black box data, dispatch records, or the company’s safety practices.
- A fatal truck accident compensation claim can proceed to trial regardless of whether or not criminal charges are filed against the truck driver.
What Happens If A Loved One Is Killed In A Truck Accident In Virginia?
If a loved one died in a truck accident caused by the negligence of another party (truck driver, trucking company, etc.), the family may be able to bring a wrongful death claim against the negligent party. This type of case can provide funds for the lost income, medical expenses, and funeral costs associated with your loved one’s passing.
A fatal truck accident can be devastating to a family. These cases are much more complex than a routine collision. Many more variables come into play when dealing with such an accident. There is a great deal of emotional pain and stress for family members. They are trying to deal with the grief of losing a loved one while making funeral arrangements; they are often inundated with phone calls from the insurance companies that may have to pay for the loss; they are receiving reports from the police regarding the accident, etc.
I am Robert Tatum, an attorney. If your family is facing this tragedy, you should contact Tatum & Atkinson Law Firm to speak with one of our experienced attorneys about your situation and learn about the legal options available to you. You may also request a free case evaluation by filling out our online form. We work on a no-win, no-fee basis.
What Legal Options Do Families Have After A Fatal Truck Accident In Virginia?
If you lose a loved one in a truck crash, there may be an opportunity for a wrongful truck accident death claim against the responsible party. The filing of a wrongful death claim will be separate from any criminal investigation of the person(s) involved in causing the accident.
A criminal case will determine if the at-fault party(s) should be punished for their conduct. A civil claim will determine the amount of damages or loss suffered by family members or the estate as a result of the death of the individual.
Wrongful death claims for truck accidents include the following:
- A tractor-trailer
- A dump truck
- A cargo/trailer truck
- Tanker
- Box truck
- Construction truck
- Logging truck
- Commercial vans
Trucking accidents require a more extensive investigation than other car accidents due to the special health and safety regulations that apply to trucking companies. By law, trucking companies must have driver qualification files, maintain records of their drivers’ performance, maintain their trucks, and monitor certain activities performed by their operation.
The first step in pursuing a wrongful death claim is not trying to guess who was responsible but securing evidence. Evidence is sometimes lost very quickly.
Who Can File A Wrongful Death Claim In Virginia?
Typically, Virginia’s wrongful death action is filed by the estate’s personal representative. The personal injury representative is either named in a will or appointed by the court.
Victims are eligible for recovery to be divided according to Virginia’s designated beneficiaries. The family relationships that apply to recovery can vary greatly and could be spouses, children, grandparents, parents, siblings, or anyone else designated in law as a qualifying relative.
When more than one family member is grieving at the same time, it can be very confusing. This is completely normal. There is a method in Virginia law to determine how the case will be filed and who will be eligible for recovery.
An attorney can help the family understand how this process works and not place an additional burden on them of having to understand the process at an already stressful time.
How Does Virginia Wrongful Death Law Apply To Fatal Truck Crashes?
Virginia laws provide that when an individual suffers death due to the wrongful actions of others, this creates grounds for a wrongful death claim. Wrongful death cases arising from truck accidents can have several responsible parties, including:
- careless driving
- Speeding
- distracted driving
- driver fatigue
- unsafe lane changes
- poor vehicle maintenance
- poor hiring practices
- overloaded trucks
- and/or pressure from the trucking company that places safety as a lesser consideration while operating their commercial vehicles.
Grocery stores, convenience stores, and gas stations that purchase products from distribution trucks can also be liable for wrongful fatal commercial truck accident claims due to truck accidents.
Truck accidents can involve two different parties, including the following:
- The negligent commercial truck driver and/or
- The negligent employer that employs the commercial truck driver.
In the case of the negligent employer, some examples of ways that the employer can be liable for the death caused by their driver include: employing a known unsafe driver; failing to properly train the driver; allowing unsafe commercial vehicles to be utilized for their delivery operations; and putting pressure on the driver to meet delivery quotas that encourage unsafe driving.
This is why a trucking company liability death case differs from traditional crash cases: there may be records available for review, which may provide insight into determining how the crash occurred before the time of the crash.
What Compensation May Be Available To Surviving Family Members?
A surviving family compensation Virginia claim will vary according to the situation’s specifics (including the nature of the relationship between the deceased and the claimant), the circumstances surrounding the claim’s filing (primary evidence), and applicable Virginia state law.
Type of Loss |
What It May Include |
| Financial support | Lost income, benefits, household services, future support |
| Emotional loss | Sorrow, mental anguish, comfort, guidance, companionship |
| Medical costs | Treatment between the crash and death, if applicable |
| Funeral costs | Burial, cremation, memorial, and related expenses |
| Loss of services | Help with childcare, home tasks, transportation, and family needs |
For example, proof of a loss of financial support claim can be established through tax returns, paychecks, W-2 forms, social security records, proof of enrollment in an employer-sponsored retirement plan, etc., as well as expert opinions. The loss of income is not based solely on recent income; rather, the benefits that the decedent would have continued to contribute for an extended period will be included.
It is also important to recognize that supporting evidence is not always documented. For example, the deceased parent may have provided transportation to and from childcare facilities; the deceased parent may have assisted their child with home repairs; and the deceased parent may have provided emotional support and everyday stability for the child. The decedent’s spouse may have provided childcare, managed the household, cared for the children, and assisted in managing a family-owned business.
All of these kinds of contributions should be factored into determining economic losses resulting from the death of the decedent.
How Are Economic Losses Calculated After A Fatal Truck Accident?
Calculating your economic loss is done by taking into account the so-called “pre-loss life” that each individual has created before an accident occurrence.
Some of the things you need to consider about pre-loss life are age, health, education, work history/job path, and expected future wage/salary, other benefits and retirement contributions, doing household work/home repair, and providing family assistance.
For example, a father who works full-time in Southwest Virginia not only has a wage loss due to the accident but also has a loss of the supporting family unit by not being there to assist with child rearing, perform household repairs, and take care of his or her older parent.
In a very strong case where there are proper witnesses/evidence/experts, they may assist with the explanation of long-term economic loss in terms that can be easily understood by the jury and would protect the claimant from companies attempting to limit the claim to a number that does not reflect actual life value.
What Causes Deadly Truck Accidents On Virginia Roads?
Virginia has several high-traffic trucking zones, namely the following:
- Interstate 81
- Interstate 95
- Interstate 64
- Interstate 66
- US Route 460
- and many smaller rural highways throughout Southwest Virginia.
In the areas around Cedar Bluff (Tazewell County and surrounding communities), large trucks may be sharing limited space and narrow roads with local drivers utilizing the mountains, work corridors, and limited access roads for day-to-day operations.
When a large truck impacts a passenger vehicle, the impact and damage caused by the weight of the truck to the much lighter passenger vehicle is very serious.
The standard reasons for fatal truck crashes are speeding, fatigued drivers, distracted drivers, following too closely, improper lane changes, poor braking, overloaded cargo, tire blowouts, bad weather decisions, defective vehicle/equipment, and unsafe company guidelines.
At times, the driver has made a mistake. At times, the company created conditions that caused the accident to happen, and at times, both the driver and the company created conditions that caused the accident.
That is why it is imperative to examine the complete circumstances surrounding the accident in addition to looking at the accident report.
What Evidence Matters Most In A Fatal Truck Accident Investigation?
The investigation of fatal trucking accidents can be a complex process with many different types of evidence to look at. The sooner you can start, the better chance you will have of finding all of the relevant evidence. Types of important evidence may include the police crash report, photos from the scene, witness statements, truck inspection documentation, maintenance logs, driver qualification information, black box data, dashcam video, delivery records, drug testing records, alcohol testing records, cell phone records, cargo documents, and hours of service records.
In fatal trucking accidents, we try to look past just what is obvious and gather information that tells us about the condition of the driver (tiredness), whether the truck was properly maintained, whether the trucking company followed safety regulations, and whether there was pressure or “incentive” for the driver as a result of dispatch to complete the delivery.
“Evidence is like footprints in the rain; if you wait too long, the clearest footprints may wash away.” This is not a dramatic statement; it is the way that trucking accident cases function.
How Can Black Box Data And Driver Logs Affect A Wrongful Death Case?
Commercial trucks are equipped with electronic systems that record various types of data, such as their speed, brake use, and throttle utilization, and provide records of the events surrounding a crash during the last few moments leading up to the accident. Individuals refer to this stored data as “black box” data.
Driver Logs
Driver logs contain a wealth of information that can help establish when a driver operated their vehicle for too long, failed to take mandatory rest periods, and/or violated other safety regulations.
Dispatch Records
Dispatch records can provide additional evidence of whether or not the employer implemented a dangerous work schedule.
Maintenance Records
Maintenance records can help determine if any existing issues were present before the crash.
All these types of evidence can be critical to proving fault and establishing whether the crash was caused by the driver’s reckless decision-making alone or as a result of a larger failure in safety practices.
The potential consequences of a finding of liability for Virginia wrongful death damages may be adversely impacted by evidence suggesting the employer and driver engaged in a pattern of consistently reckless conduct leading up to the crash.
What Happens When Multiple Parties Share Responsibility?
There can be many different parties who share blame when a large truck crash (fatal or otherwise) occurs.
Possible parties could include the truck driver, a trucking company, the company that maintains the truck, the company that loads the cargo, and/or the manufacturer of the truck or truck parts if there was a defect present that contributed to the crash.
When investigating a fatal truck accident, it is extremely critical to analyze each part of the chain in detail.
This is important because, in some cases, the at-fault party will deny any responsibility; the insurance on the at-fault party may not be adequate to fully compensate the family; or the at-fault party may possess the evidence needed to prove what occurred.
Thus, no family or other individual should attempt to unravel all of this alone.
How Do Insurance Companies Handle Fatal Truck Accident Claims?
The insurance company is aware of the extensive liabilities associated with fatal truck accident claims. Due to this knowledge, adjusters may respond quickly to investigate and may request a statement before the family has had a chance to process their loss (e.g., may contact family members to discuss a claim before they feel ready).
It is important to remain cautious in your dealings with the adjusters, as some will try to present themselves courteously but still represent the insurance company in an effort to reduce your claim. Some adjusters may challenge who was at fault, try to argue that there was not a direct link between the accident and the fatality, attempt to argue that the family does not have the right to future financial support, or get the family to agree to a quick settlement before all of the losses are known.
Many families struggle waiting to “cooperate” until they understand their legal rights. Mourning can cloud one’s ability to think clearly. You do not need to answer every question on your own.
What Deadlines Should Families Know In Virginia Wrongful Death Cases?
Wrongful death cases in Virginia have time limits. Most of the time, the representative for the deceased party must file the wrongful death lawsuit within two years after the death.
That doesn’t seem like a very long time. But it is!
Evidence from trucks can be destroyed or lost very quickly. The video could be erased. Electronic data can be lost. Vehicles could be fixed or taken away. Witness memory could become less reliable. Records from the business could become much more difficult to obtain.
Families should talk to an attorney who understands the legal rights of people injured in a fatal accident legal rights Virginia as soon as they can. A single preservation letter can make a world of difference.
When Should A Family Contact A Virginia Wrongful Death Attorney?
Families should reach out to an attorney immediately following a death resulting from a commercial vehicle accident (truck). An attorney can assist the family in identifying a representative to act on behalf of the deceased individual; preserving evidence from the truck; reviewing the insurance coverages by which the truck owner or truck driver is insured; investigating all parties responsible for the accident; calculating the damages resulting from the death; and protecting the family from any undue pressure from insurance companies.
This issue does not have anything to do with rushing through your own grief process. There is nothing easy about any of these issues.
The intent is to make sure that the legal aspects of the matter are not neglected due to you and your family being so busy grieving.
A Fatal Truck Accident Claim Should Be Handled With Care
What Happens If A Loved One Is Killed In A Truck Accident In Virginia? There are other issues to consider, along with whether there is a legal case. For example, who depended on them?, what did they support?, what has the crash taken from society?, what evidence is still available?, and who should be held accountable?
Although a wrongful death claim cannot bring back your family member, it can provide financial assistance for the future, help investigate the circumstances surrounding the death, and ensure that the proper parties are held accountable.
Talk With Tatum & Atkinson Law Firm About Virginia Fatal Truck Accident Claims
If you’ve lost a family member in a Virginia trucking accident, the Tatum & Atkinson Law Firm will analyze the accident to explain how the wrongful death process works and help you make a good decision about what to do next. If you’ve already received a call from a trucking company, their insurance company, or a private investigator, there is no reason to respond alone.
Call us for a free consultation at (800) 529-0804. We will provide guidance to your family at this difficult time on a no-win, no-fee basis.
FAQ: What Happens If A Loved One Is Killed In A Truck Accident In Virginia?
Can a wrongful death claim be filed if the deceased was partially supporting family members?
Partial support may still have a big impact. A claim could include assistance in the form of money, help, direction, care, etc., that has been provided by the victim.
What happens if the truck driver who caused the accident also died in the crash?
Depending on the proof available, a claim could be made against the responsible driver’s estate, the trucking company, the insurance company, or other potential responsible parties.
Can families recover compensation for the loss of guidance and companionship?
Virginia does allow for recovery of damages done to the survivors of someone who died wrongfully from pain, suffering, grief, loss of companionship, loss of comfort, loss of guidance, and other related losses.
What if crucial evidence from the truck is lost or destroyed?
Your attorney may be able to file sanctions or claim that the evidence has been destroyed if it was known before the destruction of evidence that it should have been preserved.
Can a wrongful death claim proceed if no criminal charges were filed against the truck driver?
Civil wrongful death claims do not use the same standards of proof and may be based upon a civil claim despite the absence of any criminal charge or a conviction being made.
