Picture your car sitting damaged beside a commercial truck, and you're dealing with injuries that will require weeks or even months of treatment. The trucking company's insurance adjuster has already contacted you, offering what seems like a low settlement amount given your medical expenses and time away from work.
Filing a truck accident claim in Virginia involves several steps and strict deadlines that can make or break your case. Our Virginia truck accident lawyer has helped many collision victims secure fair compensation by properly filing claims and building strong cases against trucking companies.
Step 1: Seek Medical Attention and Document Your Injuries
Your health takes priority, but proper medical documentation also forms your case's foundation. Adrenaline can mask serious injuries that develop over hours or days.
Urgent Care and Injury Assessment
Visit an emergency room or urgent care facility immediately after the accident. Tell medical providers about every symptom, no matter how minor. Pain in your neck, back, or head could indicate injuries that worsen without treatment.
Supporting Records
Keep detailed records of all medical appointments, treatments, and expenses. Take photos of visible injuries like bruises or swelling as they develop. This documentation becomes crucial when insurance companies question your injuries.
Step 2: Report the Accident and Obtain the Police Report
Virginia law requires drivers involved in crashes causing injury, death, or property damage to report the accident to police (Va. Code § 46.2-894). Officers then file an official report when vehicle accidents involve injury, death, or property damage of $3,000 or more.
First Responders
Call 911 immediately for truck accidents, even if injuries seem minor. Police will create an official crash report that serves as vital evidence. When officers arrive, provide factual information without speculating about fault.
Police Report
Request the investigating officer's name and badge number. Obtain a copy of the police report, usually available within 10 business days. Review it carefully for accuracy and contact the police to correct factual errors. The report includes valuable information like the truck driver's commercial license status and whether any violations were issued.
Step 3: Gather Evidence at the Scene
If physically able, collect evidence while it's available. Trucking companies send investigators quickly to document scenes in their favor.
Take Lots of Pictures
Take photos from multiple angles showing vehicle damage, the accident scene, traffic signals, skid marks, and road conditions. Capture the truck's license plates, DOT numbers, and company information. Photograph the driver's commercial license and insurance cards if possible.
Eyewitness Contacts
Collect witness contact information and ask for brief written statements while details remain fresh. Document the truck's cargo and loading condition; overloaded trucks or improperly secured cargo can contribute to accidents.
Step 4: Contact the Truck Driver's Insurance Company
Virginia follows a fault-based insurance system, meaning the at-fault driver's insurer pays damages. Commercial trucks over 10,000 pounds must carry minimum liability coverage of $750,000, with higher amounts required for hazardous materials transport under federal regulations.
Start Your Virginia Truck Accident Claim
Contact the trucking company's insurance carrier to report the accident and initiate your claim. Provide basic information but avoid detailed recorded statements without legal representation. Insurance adjusters ask leading questions designed to minimize your claim.
Find Out About Insurance Policies
Request policy limits and coverage information. Commercial policies may include a primary policy and additional excess or umbrella coverage, which can affect the total compensation available for your injuries.
Step 5: File Your Own Insurance Claims
File claims with your own insurer to protect your interests while waiting for the trucking company's insurance to process your claim.
Physical Property Damage
Submit a collision coverage claim for vehicle damage. This lets you repair or replace your car quickly rather than waiting months. Your insurer will seek reimbursement from the at-fault party's insurance through subrogation.
Medical Cost Coverage
Use any available Medical Payments (MedPay) coverage to help with immediate medical bills. Virginia does not have no-fault PIP coverage. If you carry uninsured motorist coverage, notify your insurer; sometimes, trucking companies allow policies to lapse.
Step 6: Consult With an Experienced Virginia Truck Accident Attorney
Truck accident cases involve federal regulations, multiple insurance policies, and trucking companies with legal teams working to minimize liability. You need experienced representation rather than handling claims alone.
Schedule consultations with attorneys who focus on truck accident cases and understand Federal Motor Carrier Safety Administration regulations. The Mottley Firm offers free consultations and works on contingency fees. You pay nothing unless you successfully recover compensation.
Our experienced attorney immediately begins preserving evidence, sending spoliation letters to prevent the destruction of driver logs and maintenance records, and building your case while you focus on recovery.
Don't wait! Virginia's statute of limitations gives you only two years to file a lawsuit, but evidence disappears quickly. Electronic logging data gets overwritten, witnesses forget details, and maintenance records may be altered.
Step 7: File a Lawsuit if Settlement Negotiations Fail
When insurance negotiations fail to produce an acceptable offer, filing a lawsuit may become necessary. This formal process allows you to present your case to a judge or jury.
Virginia Circuit Court
Your attorney will file a complaint in the appropriate Virginia circuit court, outlining your injuries, the trucking company's negligence, and compensation sought. Missing the two-year deadline typically bars any compensation recovery, making early legal consultation critical.
Evidence Discovery
The lawsuit process includes discovery, where both sides exchange evidence and take depositions. This often reveals crucial information about the trucking company's safety practices and the driver's history that strengthens your case.
Settlement or Verdict?
Many truck accident lawsuits settle during discovery when companies realize the evidence's strength. Some proceed to trial where Virginia juries can award significant compensation for severe injuries. Experienced legal representation levels the playing field and maximizes your chances of fair compensation.