What Is A Wrongful Death In A Trucking Case In Virginia?
Key Highlights:
- What is a wrongful death in a trucking case in Virginia, or caused by an act that would have made the deceased liable?
- In a truck accident wrongful death claim, trucking company liability goes beyond the driver to include the company as well.
- The more parties involved, the greater the chances of securing multiple insurance policies.
- Virginia’s pure contributory negligence / 1% rule allows the decedent’s fault to prevent recovery.
- In a trucking claim, that “another” individual does not always mean the truck driver, and it is this that makes a wrongful death claim unique.
When the collision of a commercial truck accident leads to someone’s death, it results in what is known as a wrongful death in a trucking case in Virginia.
Specifically, in Virginia, a wrongful death claim is any death that is caused by the wrong, negligence, or failure of another; in other words, the very same conduct that would make that individual liable for an injury claim had he or she not perished. In a trucking claim, that “another” individual does not always mean the truck driver, and it is this that makes a wrongful death claim unique.
I’m Robert Tatum from Tatum & Atkinson Law Firm. We have been handling Virginia wrongful death truck accidents since 2006, proving negligence against trucking companies to get you maximum compensation for wrongful death.
“Wrongful Death” As Defined by Virginia Law
According to the wrongful death definition (§ 8.01-50), Virginia law, “wrongful death means death caused by the wrongful act, neglect, or default of another which would have entitled the decedent to maintain an action and recover damages therefor if he or she had not died.”
There are usually several negligence elements (duty, breach, causation, damages) that need to be established for a wrongful death case:
- Duty of care towards the deceased.
- Breach of that duty.
- Direct causation of the breach of the duty to death.
- Actual harm suffered by the relatives of the victim.
In the case of a fatal truck accident involving a truck, all of the factors mentioned above might apply to multiple parties simultaneously.
Reasons Why Trucking Wrongful Death Cases Are Special From a Legal Perspective
While in normal cases of a death in a vehicle accident, there is one person involved, this is seldom true in cases when a commercial truck accident is involved. It is common that the trucking company liability for a truck driver’s negligent behavior lies with the trucking company since it is generally liable for any actions of an employee performed during his/her work under respondeat superior / vicarious liability.
In addition, the motor carrier / maintenance / cargo loader might be responsible for negligent hiring, training, supervision of a certain driver, as well as for putting trucks into operation.
The Potential Defendants in a Fatal Truck Accident
Given that several parties may have been involved in the handling of a commercial truck accident, the potential defendants in fatal truck accident cases may include the following:
- The driver of a truck in negligent operation.
- The trucking company or motor carrier / maintenance / cargo loader for the driver’s and its own trucking company liability.
- The service that was in charge of the truck maintenance.
- The company that loaded the truck, if the unsafe cargo had contributed to the accident.
- The defective component manufacturer of a faulty truck part, in some cases.
Increased Defendants, Increased Insurance, Increased Obstruction
Multiple parties normally equal multiple insurance policies; those of the driver, of the carrier, and possibly those of a broker or the shipping firm. In light of the substantial amount involved in cases of fatalities in a wrongful death trucking accident Virginia, these claims are subject to aggressive insurer defense almost right from day one, sometimes even before the family has had time to process the loss.
Virginia’s 1% Rule and What the Law Provides
The pure contributory negligence / 1% rule doctrine applies to wrongful death claim cases in Virginia, too. If the defendant can prove through apportioning liability that the decedent was only 1 percent responsible for his or her own demise, then the claim may be barred altogether.
When there is success in a claim, wrongful death damages (§ 8.01-52) / no cap Virginia law will compensate the family for their grief and pain, for the loss of society and guidance, for the financial support that the individual would have contributed, and for the expenses incurred as a result. Virginia places no limits on these types of damages.
There is nothing that the law provides to compensate for the loss, but there are efforts made to acknowledge it nonetheless.
Tatum & Atkinson Law Firm, Virginia Lawyers Following a Fatal Truck Accident
When a loved one dies because of a commercial truck accident, it leaves the family to mourn first and ask questions later. Tatum & Atkinson represents wrongful death trucking accident Virginia cases from our southwest Virginia office, which handles Virginia cases as your trusted Virginia wrongful death lawyer and Virginia truck accident attorney.
Our lawyers know all the possible defendants the law will allow, evaluate their multiple insurance policies, and make the case for trucking company liability that the best aggressive insurer defense will try. Give us a call at (800) 529-0804 when you’re ready. There is never any cost until we win, and the initial consultation is always free.
Frequently Asked Questions!
Can the trucking company be held responsible, or only the driver?
Often both. The trucking company liability under respondeat superior / vicarious liability is typically liable for the negligence of the driver while operating a vehicle within the scope of employment, and thus, the company could be a defendant, despite not being the actual driver of the vehicle. Additionally, the company could be responsible for negligent hiring, training, supervision, by putting a driver without proper qualifications behind the wheel of a truck, or allowing the unsafe operation of the truck.
Does Virginia’s 1 percent fault rule apply if my loved one was partly at fault?
Yes, it indeed is. Under pure contributory negligence / 1% rule, any fault found in the deceased person’s conduct through apportioning liability, even 1 percent of it, can bar the family’s ability to recover for the loss at all, unlike in other states, where any such fault reduces a recovery proportionally. This is what makes Virginia law particularly harsh on such wrongful death claim cases.
What kinds of damages can a family recover in a trucking wrongful death case?
In Virginia, recovery under wrongful death damages (§ 8.01-52) / no cap includes both emotional aspects, such as loss of companionship and guidance, and purely economic losses, such as medical bills and lost wages, that the family will incur. In cases of extremely reckless driving, punitive damages may be available. It should be noted that Virginia does not put a cap on such damages like many other states.
Why do trucking companies fight fatal accident claims so aggressively?
And that is because the risk for them is huge, and they know it from the start. The aggressive insurer defense and pure contributory negligence / 1% rule in Virginia law provides them with an excellent defense, since even minor mistakes in apportioning liability may serve their cause, hence providing every reason for a strong defense.
What does it cost to hire a Virginia wrongful death lawyer?
Absolutely nothing to pay up front. It’s a contingency arrangement, and that means you only pay if we get something from the truck accident wrongful death case, and your first visit is free. When it comes to a wrongful death trucking accident Virginia, figuring out who could be responsible for it, what kind of multiple insurance policies coverage they have, and what theories could apply to each defendant is the responsibility of your Virginia wrongful death lawyer, not yours.
