Trucking Accidents

If you have been involved in a trucking accident in Virginia, you need an experienced advocate on your side. At Frei, Mims and Perushek, our Fairfax-based attorneys have been fighting for truck accident victims throughout Virginia and Washington, D.C. for more than 45 years, securing millions in verdicts and settlements for clients injured by negligent truck drivers and trucking companies.

Why Truck Accidents Are So Serious in Virginia

Virginia roads are filled with commercial vehicles, from UPS and Amazon making daily deliveries in our neighborhoods to the large semi tractor-trailers traveling on I-495 in Fairfax and up and down I-95 throughout Virginia.

Because of their massive size and weight, accidents involving commercial motor vehicles (CMV) often result in catastrophic injury or death. In Virginia in 2024, there were 5,700 CMV crashes that resulted in 108 fatalities and 2,159 injuries.

Large trucks were responsible for more than half of those crashes in Virginia. In 2024, there were 3,078 large truck crashes on Virginia roads, resulting in 48 fatalities and 874 injuries.

Trucks are larger and heavier than the family car. When accidents happen with a car and a truck, it is often serious. These accidents often cause catastrophic injuries, leaving victims and families facing lifelong medical costs, lost income, and overwhelming stress.

Why Do I Need a Lawyer’s Help After a Trucking Accident?

Trucking companies and/or their insurance representatives take immediate action when an accident occurs. Many have an accident reconstructionist on 24-hour call to respond to the scene of any significant accident. These agents will take photographs, interview witnesses, meet with investigating officers, and do all they can to minimize the trucking company’s responsibility for the collision. You need an experienced advocate to fight just as hard on your behalf to maximize your recovery and win the justice you deserve.

At Frei, Mims and Perushek, our Virginia truck accident lawyers know how to level the playing field. We handle the complex regulations, multiple defendants, and high-stakes insurance issues unique to trucking accidents, ensuring you have a strong advocate fighting for your full recovery. Our firm has more than 45 years of experience in personal injury and has successfully resolved hundreds of vehicle accident cases on behalf of our clients. Read a few of our case results:

• $3.05 Million for I-95 Crash Victim
• $1.5 Million for Dump Truck Crash Victim
• Victim’s Own Insurance Company was not “On Her Side” in Uninsured Drunk Driver, Head-on Collison
• Jury Awards $1.5 Million for Brain Injury from Collision; Defense Claimed Victim was “Faking”
• Accident Victim Successfully Fights Contributory Negligence Defense to Win $1.3 Million

Statute of Limitations

Under Virginia law, you have two years from the date of the accident to file a lawsuit. Lawsuits take time to prepare so you should act quickly to preserve evidence and protect your rights.

First Steps After a Trucking Accident

At the scene of the accident, the care and safety of life and property are the priority. Police must be notified, anyone injured must be cared for or transported to care, vehicles must be moved and other critical steps are taken at the scene:

• Seek immediate medical care. Even if injuries seem minor, it is vital to get medical attention right away. Some painful symptoms—such as whiplash or spinal issues—may not surface until hours or days later.
• Contact Law Enforcement. Always call the police. A police report will memorialize important facts: weather conditions, the truck’s license plate and company information, witness statements, and initial determinations of fault. While not definitive proof, a police report can carry weight in negotiations.
• Notify Your Insurance Carrier. Promptly report the collision to your own insurer. Avoid guessing on fault or making statements that could be used against you. Under Virginia’s contributory negligence standard, even minor admissions about your driving might be used by the defense to argue you contributed to the accident.
• Document the Scene, if possible. If it is safe to do so, gather as much evidence at the crash site as possible. Use your phone to photograph the positions of the vehicles, damage, road conditions, skid marks, and any visible injuries. Gather contact information for any witnesses. Virginia courts appreciate contemporaneous evidence, and insurance adjusters often rely on such visuals to assess claims.

Compensation We Pursue for Truck Accident Victims

After the accident, there is a process involving the trucking company, their insurance agency and you. You want to ensure that the insurance company pays for the loss or damage to your vehicle. You also want to ensure that the insurance company compensates you for your injuries, treatment and any permanent disability.

If you’ve been injured, speak with an attorney before speaking to the trucking company’s representative. Seek an attorney with significant experience in dealing with trucking accidents and insurance agents, as well as taking this type of case to trial. Your attorney will take the next steps:

• Serve as your advocate in dealing with the trucking company’s insurance company.
• Ensure you obtain documentation for any and all treatment for your injuries
• Obtain evidence, including police reports, witness interviews, and any photos and videos of the incident.
• Establish the details of your claim, including medical treatment, extent of permanent disability, current and future lost wages, and other costs that may be associated with your rehabilitation and care as a result of the accident.
• Advocate for you and negotiate a fair and adequate settlement from the trucking company.
• File a claim on your behalf for property damage and personal injury
• Pursue a full and fair compensation for you through negotiation, mediation and potential litigation.

DO NOT SPEAK WITH INSURANCE ADJUSTERS UNTIL AFTER YOU HAVE SPOKEN WITH AN ATTORNEY

The trucking company’s insurer might contact you soon after the accident. Exercise caution. At Frei, Mims and Perushek, we know that adjusters often attempt to obtain statements that minimize the trucking company’s liability. A premature settlement or inadvertent admission could severely limit or eliminate your right to a fair recovery. It’s crucial that you avoid making any statement that might hurt your case due to Virginia’s contributory negligence law .

Contributory Negligence in Truck Accident Cases

Virginia stands as one of a few jurisdictions still using a pure contributory negligence doctrine for personal injury claims. Under this rule, if an injured plaintiff is found even slightly at fault for the incident, the plaintiff may be barred from all recovery. This contrasts sharply with comparative negligence states, where fault is allocated proportionally. For truck accident cases, understanding contributory negligence is pivotal:

Pure Contributory Negligence

To recover damages in Virginia, a plaintiff must be entirely free of negligence. Defendants frequently focus their efforts on proving the plaintiff was partially at fault. For example, they might argue that a plaintiff was driving a few miles per hour above the speed limit, possibly contributing to the accident. If a court or jury is convinced the plaintiff’s conduct played any part in the crash, the lawsuit may fail.

Burden on the Defendant

Defendants have the burden to show the plaintiff’s actions contributed to the cause of the collision. Defense attorneys scrutinize event data, skid marks, or eyewitness accounts to highlight possible lapses by the plaintiff. Even minor lapses, if deemed causal, can have major consequences.

Last Clear Chance Doctrine

An exception can arise if the defendant had the final opportunity to avoid the accident, yet did not take it. Suppose a plaintiff’s car is stationary in the road due to a minor oversight (like running out of gas in traffic), but the truck driver sees the hazard and still plows into it. If evidence shows the truck driver had sufficient opportunity to brake or maneuver around the plaintiff’s vehicle, a court might apply last clear chance to permit recovery. However, this doctrine is narrowly interpreted, and success often requires a very clear showing that the truck driver truly had a later chance to prevent harm.

Practical Consequences

The strictness of contributory negligence in Virginia means truck accident defendants sometimes adopt very aggressive defense strategies to find any hint of fault by the plaintiff. Plaintiffs must diligently document their own driving behavior, abiding by speed limits, traffic signals, and safe driving practices to guard against such allegations.

How Frei, Mims and Perushek Works To Prove Liability for a Truck Accident.

Under Virginia law, plaintiffs in personal injury cases must prove four elements to establish negligence: duty, breach, causation, and damages. Truck accident cases typically add layers of complexity due to federal regulations, specialized equipment, and the possibility that multiple parties share blame.

Duty of Care

Every driver in Virginia owes a general duty of care to operate vehicles safely. Truck drivers, in addition, must follow federal guidelines, and trucking companies must maintain vehicles, monitor driver qualifications, and stay current on inspections. All these obligations combine to form a heightened duty of care.

Breach of Duty

A breach occurs when a party’s conduct deviates from what a reasonably prudent individual or company would do under similar circumstances. Examples include ignoring hours-of-service rules, operating an overloaded truck, or failing to repair worn brake pads. If a driver or operator violates a specific traffic law or FMCSA regulation, that can be cited as evidence of negligence.

Causation (Including Proximate Cause)

Proving causation means showing the breach directly led to the accident and the injuries. Under proximate cause principles, the harm must be a reasonably foreseeable outcome of the negligent act. If multiple factors contributed—like poor road design plus driver fatigue—litigants must show how each factor was a necessary link in the causal chain.

Damages

Finally, plaintiffs must present evidence of bodily harm, property damage, or other losses such as lost wages or pain and suffering. In a truck accident context, injuries are often severe, involving spinal cord damage, traumatic brain injuries, or other life-altering conditions. Demonstrating medical bills or future care needs helps quantify economic damages, while testimonies and evaluations can highlight non-economic harm.

Virginia’s contributory negligence doctrine can be a stumbling block. If the trucking company convincingly argues the plaintiff acted negligently—even slightly—recovery could be barred altogether. Thoroughly illustrating the truck driver’s or company’s fault and refuting any allegations of plaintiff negligence is essential for a successful claim.

The Role of Evidence in Truck Accident Cases

Attorneys with experience in resolving trucking accidents know how to navigate the litigation process. It is very complicated. Successfully litigating a truck accident often hinges on the thoroughness and preservation of evidence. Because of the intersecting roles of truck drivers, trucking companies, and other entities, it is critical to compile wide-ranging documentation and data:

Photos and Videos

Images of vehicle damage, skid marks, and weather conditions can powerfully illustrate the crash scene. Intersection cameras, commercial surveillance, or even cell phone recordings from witnesses may corroborate the timeline, location, and severity of the impact. This evidence is especially valuable in Virginia, where any suggestion of the plaintiff’s own negligence can derail a case.

Black Box Data

Many commercial vehicles contain electronic control modules (ECMs) or ELDs that store data such as speed, braking, and engine diagnostics. Promptly preserving this data can clarify how fast the truck was moving and whether brakes were applied before impact. If the defendant fails to preserve or produce the data, lawyers may argue spoliation, which could lead to adverse inferences at trial.

Driver Logbooks and ELD Records

Manipulating or falsifying logbooks to conceal hours-of-service violations has long been a serious concern in trucking. ELDs reduce but do not entirely prevent cheating. Demonstrating a discrepancy between official logs and actual driving patterns can show a pattern of negligence or recklessness.

Cell Phone Records

Cell phone usage near the time of the crash tends to indicate distracted driving. Subpoenaed phone records or data logs from dispatch devices—particularly if they reveal texting or calling while driving—can be crucial in establishing negligence. The timing of calls can also be used to rebut claims that the driver was focusing solely on the road.

Maintenance and Inspection Records

Reviewing relevant repair bills, inspection logs, and communications between drivers and truck owners can indicate whether known mechanical issues were ignored. These records help establish if a trucking company repeatedly delayed expensive but necessary repairs, thereby prioritizing profits over safety.

The Truck Driver’s Personnel File

This file may contain performance reviews, warnings for prior incidents, or records of training. Patterns of disciplinary actions for reckless driving or repeated logbook violations suggest the employer allowed unsafe practices to continue, possibly supporting claims for negligent hiring or retention.

The Police Report

Investigating officers typically document witness statements and any immediate impressions of fault. Although not automatically conclusive evidence, a police report offers a neutral, contemporaneous snapshot of the aftermath.

Witness Statements

Eyewitness accounts may clarify whether the truck driver swerved, accelerated, or braked at the last second. If multiple, consistent witnesses confirm the truck appeared to be speeding, the combined weight of testimony can be persuasive.

Accident Reconstruction

By analyzing collision dynamics, distances, point of impact, and vehicle damage, reconstruction experts can often demonstrate how fast the vehicles were traveling, who had time to brake, and the precise angles of impact. This scientific approach can neutralize allegations that the plaintiff caused or exacerbated the accident.

Expert Testimony

Engineers, mechanical specialists, or medical professionals may be engaged to explain technical issues or correlate injuries with crash forces. Their testimony can be influential, especially when liability involves questions of truck mechanics or advanced driving protocols.

Speak With a Virginia Truck Accident Lawyer Today. Let Us Help You Win What You Deserve

At Frei, Mims and Perushek, we understand that suffering injuries and property damage in a truck accident can disrupt all aspects of your life. Our experienced truck accident lawyers are ready to assist in pursuing the compensation you deserve.

If you or a loved one has been injured in a truck accident in Virginia, don’t face the trucking company alone. We handle the many complexities that can arise in these high-stakes cases, providing attentive guidance every step of the way. From analyzing critical evidence to coordinating with medical professionals, our team works diligently to build a strong claim on your behalf. We believe in clear communication and compassionate support, ensuring your questions are answered and your needs addressed. Let us advocate for your rights so you can focus on healing.