You're walking in the marked crosswalk when an 18-wheeler making a right turn sweeps into the intersection and straight into you. Or, say you're riding in the bike lane when a delivery truck backs out without looking. If you or someone you love was struck by a commercial truck while walking or cycling in Virginia, a Richmond truck accident lawyer can help you hold the driver and trucking company accountable.
Why Trucks Are So Dangerous to Pedestrians and Cyclists
Commercial trucks create unique hazards that don't exist with passenger vehicles.
Blind Spots Hide People from View
Trucks have significant "no-zones" on all four sides where drivers cannot see you. The right-side blind spot often runs alongside much of the truck and trailer, creating a potential hazard for unsafe lane changes. Front blind spots are substantial and can conceal multiple pedestrians waiting to cross.
Right-Turn Crashes Sweep Victims Under Wheels
A truck making a right turn must swing wide to the left before cutting to the right. Pedestrians might think the truck is going straight. Cyclists in the bike lane don't realize the driver intends to turn across their path. The truck's rear wheels track inside the path of the front wheels, called "off-tracking." This means the trailer can strike someone on the corner or in the bike lane even though the cab cleared them.
Backing Trucks Strike Without Warning
Accidents caused by commercial trucks backing up can be deadly. Unlike cars, trucks have no rear window and extremely limited visibility when reversing. In some workplace settings, OSHA may require backup alarms or spotters when vehicles have obstructed rear views, yet many drivers and companies skip this critical step. Pedestrians walking behind businesses or through parking lots become victims as a result.
Virginia's Contributory Negligence Trap
Virginia follows one of the harshest legal doctrines in the country: pure contributory negligence. If you're found even 1% at fault, you recover nothing. This is a fact-driven determination that insurance companies exploit aggressively in pedestrian and cyclist cases. Avoiding recorded statements and securing experienced counsel immediately is critical.
Common Defense Tactics
Defense teams for trucking companies and their insurance carriers use several strategies to shift blame and deny your claim:
- Crosswalk allegations. Virginia Code § 46.2-923 requires pedestrians to cross "wherever possible, only at intersections or marked crosswalks." Attorneys argue you crossed mid-block, making you liable even when the truck driver failed to stop and yield as required under Virginia law.
- Visibility arguments. They claim you wore dark clothing and were "hard to see," ignoring drivers' statutory duties.
- Cyclist lane position. Virginia Code § 46.2-905 requires cyclists to ride "as close as safely practicable to the right curb or edge of the roadway." Defense lawyers misinterpret this law to blame cyclists for riding where they had every right to be.
- Equipment violations. They scrutinize whether your bicycle had proper lights, arguing that any violation makes you at fault.
How The Mottley Law Firm Defeats These Defenses
Our legal team uses accident reconstruction experts to prove the truck driver's negligence and violations of applicable regulations. We gather witness testimony confirming you had the right of way. Even if you made a minor mistake, our skilled lawyers can help prove that the truck driver's violations were the substantial cause.
Federal Trucking Violations That Prove Negligence
Many commercial carriers operating in interstate commerce are subject to FMCSA rules, and Virginia may apply similar safety standards to intrastate commercial vehicles depending on circumstances. An attorney can determine which regulations apply to your case.
- Failure to maintain proper lookout. FMCSA safety guidance emphasizes avoiding inadequate surveillance. Failing to check blind spots before turning or backing violates basic safety duties.
- Inadequate safety equipment. Companies that fail to maintain required mirrors or install available technology like blind-spot cameras may be negligent.
- Hours of service violations. Electronic logging device data can prove whether the driver exceeded allowed driving hours, causing fatigue.
- Improper turning procedures. Commercial drivers receive training on proper turning techniques. Failing to follow this training shows negligence.
The Catastrophic Injuries Victims Suffer
When a pedestrian or cyclist collides with a truck, injuries are often life-altering or even fatal:
- Traumatic brain injuries. Even with helmets, cyclists suffer severe brain injuries, causing permanent cognitive impairment.
- Spinal cord injuries. Being run over or struck can fracture vertebrae and cause paralysis.
- Crush injuries and amputations. When truck wheels roll over limbs, emergency amputation is sometimes necessary.
- Multiple fractures. Broken bones require surgical repair and months of physical therapy.
Compensation Available in Virginia
Virginia generally does not cap compensatory damages in most personal injury cases, but punitive damages are capped at $350,000. You may be able to recover compensation for:
- Medical expenses
- Lost income and earning capacity
- Life care costs
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
Given the severity of truck-pedestrian and bicycle injuries, compensation amounts can be substantial.