How Do I Pursue A Wrongful Death Claim In Virginia If A Loved One Was Hit By A Big Truck?

Key Highlights About Truck Wrongful Death Claim in Virginia

• It’s never easy when a loved one passes away in an accident, especially if it was a big truck accident. The questions will start coming almost immediately.
• There’s only one party who can file a wrongful death claim Virginia; that’s the executor of the estate. 
• Critical information is contained at the trucking company, and it vanishes after a few months. 
• A fatal truck accident Virginia typically has multiple parties at fault, not just the truck driver.
•  The insurance company is already working on its investigation. 

My name is Robert Tatum, and I practice law at the Tatum & Atkinson Law Firm. Our law firm has had over 65 years of experience as a veteran-owned firm, specializing in Virginia truck wrongful death claim. 

Whenever you find yourself in need of a Virginia wrongful death lawyer for filing your Virginia wrongful death claim, I assure you that you have the best truck wrongful death lawyer who will handle the truck accident investigation and make sure that trucking companies are held accountable.

Steps Taken Following a Fatal Trucking Accident

A wrongful death claim Virginia filed on behalf of a deceased person is not filed by family members of the victim as individuals. 

According to the provisions of Va. Code § 8.01-50, the claim is filed by the personal representative of the deceased; a person who was chosen as the executor under a will or administrator by the court in the absence of a will on behalf of the statutory beneficiaries, the spouse, and the children first, and parents and siblings thereafter.

Why a Trucking Wrongful Death Claim Is a More Complicated Matter

A commercial truck accident is a case involving a federal regulatory agency, multiple levels of insurance coverage, and a manual of rules, which is the FMCSA regulations. In addition, there are normally multiple defendants in such cases, each with their attorneys, and the important evidence value does not reside at the accident scene, but with the proof of trucking company liability.

Preserving the Evidence Before it Vanishes

Much of the evidence has a very limited shelf-life and hence needs to be preserved at an early stage. The truck wrongful death lawyer acts swiftly and sends a spoliation letter, which demands that the company retain the following information: 

• Black box data from the truck (ECM). 
• Electronic logging device data and hours-of-service data. 
• Driver qualification file. 
• Maintenance and inspection reports.
• Dash cam footage. 
• Dispatch communications. 
• Cargo loading documentation. 

The FMCSA regulations also mandate that some evidence needs to be retained, but only for months, and there is no requirement for the company to preserve any documentation until such a letter is sent.

Identifying All Those Involved

Trucking company liability goes beyond just the driver. Depending on the circumstances, it may include the following: 

• Truck driver. 
• Trucking company/motor carrier. 
• The contractor who was engaged to maintain the truck. 
• A cargo loading company that overloaded or inadequately loaded the trailer. 
• Parts manufacturer in case a defective part caused the crash. 

This requires the right team of experts, like Accident reconstruction engineers, forensic experts, economists, and medical experts.

The 1% Rule in Virginia, the Insurers, and Achieving a Resolution

It is not uncommon for the insurers of the trucking companies to arrive at the scene very quickly in an effort to reduce their trucking company liability in the matter.

Their preferred strategy is to invoke the contributory negligence law in Virginia; all that is needed is for the defense to be able to prove that your loved one bears even 1 percent of the fault, in which case your Virginia truck wrongful death claim will automatically be dismissed, and it means that the family needs to make their case rock-solid. 

Making a few initial mistakes could be expensive: giving a recorded statement, signing a release, or delaying until the evidence gets weaker. A compensation for Va. Code § 8.01-52 could include suffering and loss of consortium, loss of support, expenses, and punitive damages for outrageous conduct.

Talk to Tatum & Atkinson Law Firm Regarding Your Virginia Truck Wrongful Death Lawsuit

You do not have to be a truck accident investigation expert if your loved one has been taken away by a big truck accident in Virginia. What you just need is to collect the necessary evidence and prepare the estate, something that can be done by a competent Virginia wrongful death attorney. 

Tatum & Atkinson Law Firm handles wrongful death claim Virginia arising from commercial truck accident crashes in Virginia from offices based in Cedar Bluff, handling southwest Virginia claims with the assistance of Jon Ward, a truck wrongful death lawyer who is licensed to practice law in Virginia. 

The Heavy Hitters act swiftly to collect the black box and logs, get the carrier’s documents, employ experts, and identify the liable parties. 

Call (800) 529-0804 toll-free for a free consultation. We are contingent fee lawyers; we don’t charge anything unless we win your case.

FAQs: How Do I Pursue a Wrongful Death Claim in Virginia if a Loved One Was Hit by a Big Truck?

How soon do we need to act to protect the case?

The minute you possibly can. The documentation that proves your fatal truck accident Virginia, the black box data, the logs, and the dispatch sheets are usually held onto for just months, and the trucking company is under no obligation to hold onto this proof until it gets formally requested. While you have two years in which to bring suit, the time period within which you have to get control of this evidence is much shorter.

Do all the family members file separate claims?

Not necessarily. Virginia treats a wrongful death claim Virginia as a single claim filed by a single person on behalf of all who may have claims. Should there be a recovery, the law provides an order of priority for the distribution of the settlement, and it will go to the courts for ratification.

What if we are not certain the truck driver was mostly at fault?

This kind of uncertainty is expected, and it’s the point of the truck accident investigation. Liability in commercial truck accident cases is frequently buried in documents you never see: hours logs, the vehicle’s maintenance history, and hiring policies of the company’s hiring policies. An engineer can do reconstruction and find the causes of the accident that aren’t immediately apparent at the scene.

Can the trucking company be liable even if the driver caused the crash?

Yes, and that is frequently true. The trucking company liability extends to a driver employed by it, but it can also have liability in its own right for hiring the wrong driver, failing to provide proper training, failing to maintain its equipment, or creating an unsafe schedule. Why sue the company? Because a company is normally much more insured than a driver.

What does it cost to hire a Virginia wrongful death attorney?

There is no initial payment. Contingency fees apply in such Virginia truck wrongful death claim cases, and so there is nothing due until a settlement is reached; even then, there is no charge for the initial consultation. Why does that matter? In a fatal truck accident Virginia, you will not be asked to pay any money for engineers, forensic analysis, or an economist’s report.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.