Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Virginia attorney.
Detailed Answer
Overview — what you need to know right away
If a commercial truck struck you and caused injuries, you may have several routes to recover money for medical bills, lost wages, pain and suffering, and other losses. In Virginia you typically pursue (1) an insurance claim with the truck driver’s and/or trucking company’s insurer and (2) if necessary, a civil lawsuit against the negligent parties. Act quickly: Virginia’s statute of limitations for personal-injury claims is short—generally two years from the date of injury. See Va. Code § 8.01-243 for the time limit: https://law.lis.virginia.gov/vacode/title8.01/chapter8/section8.01-243/.
Step-by-step: How to file a claim after a truck crash
- Get medical care first. Your health is priority. Seek emergency care if needed. Follow up with your primary doctor and keep records of every visit, test, prescription, and therapy.
- Report the crash and get a police report. In Virginia, call law enforcement so they can document the collision. The police crash report is a key piece of evidence for insurers and courts.
- Collect evidence at the scene (if you can). Take photos of vehicles, skid marks, road signs, traffic signals, your injuries, and license plates. Get names, phone numbers, license numbers, and insurance information for drivers and witnesses.
- Preserve trucking evidence quickly. Commercial trucks often have event data recorders, electronic logbooks (ELDs), maintenance records, and driver logs. That information can be lost or overwritten—request preservation from the trucking company and insurer promptly.
- Notify your insurer and the trucker’s insurer. Give basic facts. Avoid detailed recorded statements about fault until you have legal advice. Insurers will open a claim and begin investigating.
- Document your damages. Keep copies of all medical bills, repair estimates, pay stubs showing lost income, photos of injuries, and a daily journal of pain and limitations.
- File an insurance claim for compensation. Submit your documentation and demand to the responsible insurer(s). For truck crashes you may have multiple insurers involved: the driver’s personal policy (if any), the motor carrier’s commercial liability policy, and possibly your own uninsured/underinsured motorist coverage.
- Negotiate; consider counsel for serious cases. Insurance companies will look to limit payouts. If injuries are significant or liability is disputed, hire an attorney experienced with commercial truck cases. Your attorney can gather driver logs, vehicle maintenance records, dispatch records, and other evidence to show the carrier’s fault.
- If needed, file a lawsuit before the statute of limitations expires. If the insurer refuses to pay fair compensation, a lawsuit may be necessary. In Virginia most personal injury claims must be filed within two years of the injury. See: Va. Code § 8.01-243.
Who can be held responsible?
- The truck driver — for negligent driving, drunk or distracted driving, or other reckless conduct.
- The trucking company (employer) — under vicarious liability (respondeat superior) if the driver was working within the scope of employment.
- The owner of the truck — if different from the carrier.
- Third parties — vehicle parts manufacturers, maintenance providers, or loading companies if defective parts or negligent loading caused or worsened the crash.
Special considerations for commercial truck claims
Truck cases often involve extra evidence and rules:
- Federal and state safety rules (hours-of-service, maintenance, driver qualification) may show negligence. The Federal Motor Carrier Safety Administration (FMCSA) posts key regulations: https://www.fmcsa.dot.gov/regulations.
- Trucking companies keep electronic logs and black box data. Those files can be overwritten quickly—ask for preservation immediately.
- Commercial carriers carry larger liability policies than most private drivers; that can affect settlement strategy.
Money you can seek (damages)
Typical recoverable damages in Virginia include:
- Past and future medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering and mental anguish
- Property damage
- In some cases, punitive damages when conduct is especially reckless (subject to legal standards).
Key legal rules in Virginia to be aware of
- Statute of limitations: Most personal-injury lawsuits must be filed within two years of the injury. See Va. Code § 8.01-243: https://law.lis.virginia.gov/vacode/title8.01/chapter8/section8.01-243/.
- Contributory negligence: Virginia follows the contributory negligence rule. If a factfinder finds you even slightly at fault for the crash, you may be barred from recovering any damages. Because this rule is strict, gathering strong evidence of the trucker’s fault is critical.
When to hire an attorney
Consider hiring counsel if:
- Your injuries are serious or require ongoing treatment.
- Liability is disputed or multiple parties are involved.
- The insurer’s offer does not cover your expected future care or lost earnings.
- There is a need to preserve complex or time-sensitive evidence from the carrier.
Helpful Hints
- Write down everything about the crash while it is fresh: what you remember, weather, road conditions, and statements made by drivers or witnesses.
- Do not sign a release or accept a final settlement until you understand the full extent of your injuries. Early offers can be low.
- Ask your insurer whether you have uninsured/underinsured motorist coverage; that can help if the truck’s insurer is insufficient or the driver is uninsured.
- Request a copy of the police report as soon as it is available and keep a copy of medical records and bills organized by date.
- If you intend to hire an attorney, choose one with experience in commercial truck cases. Trucking cases often require investigators who know how to obtain logbooks, maintenance records, and black-box data.
- Start the evidence-preservation process immediately. Electronic logs and event data can be overwritten or lost in days or weeks.
- Keep a contemporaneous diary of pain, medication, doctor visits, and how injuries affect daily life—this helps document non-economic damages like pain and suffering.
- If the trucking company or insurer requests a recorded statement, consult an attorney first. Insurers may use statements to deny or reduce claims.
If you want, I can outline a checklist to use at the crash scene or provide sample letters (preservation request to a carrier, basic insurance demand) you can adapt. For case-specific strategy and to protect time-sensitive rights, speak with a Virginia personal-injury attorney.