Tap to CallHow Long Do I Have to File a Truck Accident Claim in Virginia?
Accidents involving large commercial trucks are some of the most serious we see in our work as personal injury attorneys. Injured victims in these accidents may be entitled to significant compensation from at-fault drivers and trucking companies. However, the statute of limitations governing personal injuries in Virginia gives them only two years from the date of the accident to file a claim.
Because failure to comply with this deadline nearly always destroys your right to seek compensation in court, the best thing to do after a truck accident is to consult with an attorney as soon as possible. The skilled legal team at Lichtenstein Law Group is ready to explain your legal rights, evaluate your case, and make sure the filing deadline is not missed. Contact us today to schedule a free consultation with an experienced truck accident lawyer.
How Common are Truck Accidents?
Truck accidents are a common occurrence across the country and lead to thousands of deaths each year. According to the National Highway Traffic Safety Administration (NHTSA), nearly 5,000 people lost their lives to truck accidents in one recent year alone, and another 150,000 were injured. According to the National Safety Council (NSC), of the crash victims killed, 70 percent were riding in a vehicle other than the involved truck. This number reveals the disadvantage of passengers in smaller vehicles when involved in an accident with a large commercial truck.
What are the Most Common Causes of Truck Accidents?
Due to their enormous size, accidents involving large commercial trucks often lead to catastrophic results. Accordingly, commercial truck drivers are expected to comply with more safety regulations than other road users. Even so, accidents happen. Some of the most common causes of truck accidents include the following:
- Driver error or negligence – Most truck accidents are caused by simple human error. Things like speeding, following too closely, changing lanes without checking surroundings, and texting while driving all increase the risk of causing an accident.
- Driving under the influence – As we all know, driving under the influence of alcohol or drugs is illegal and extremely dangerous. The results can be especially devastating in cases involving large trucks.
- Driver fatigue – Truckers hauling goods across long distances often drive for much longer periods than other drivers, which can lead to fatigue. In fact, driving for more than 20 hours without sleep is the equivalent of driving with a blood-alcohol concentration of 0.08%, the legal limit. Like alcohol, exhaustion reduces reaction time, impairs judgment, and increases the risk of causing an accident.
- Poor training and driver inexperience – Commercial trucks are more difficult to operate than smaller, more commonplace vehicles. Accordingly, truck drivers are required to carry a commercial license and undergo specialized training. Even with these precautions in place, however, driver inexperience significantly increases the risk of accidents. Trucking companies that fail to adequately screen or train their drivers may face liability in the event of an accident.
- Unsecured loads – Cargo must be properly loaded to make sure it remains stable during transit. Improperly loaded cargo may shift within the truck, causing the driver to lose control of their vehicle. Parties responsible for loading cargo may be held liable for resulting accidents and injuries.
- Mechanical failures – Commercial trucks undergo lots of wear and tear. Trucking companies must make sure their vehicles are regularly inspected, properly maintained, and compliant with minimum safety standards. When a mechanical failure leads to accidents and injuries, maintenance crews and contractors may be on the hook.
- Poor weather conditions – Things like rain, snow, ice, and fog can impair visibility and make it difficult to control unwieldy trucks on the road. Drivers should take extra precautions when driving in these conditions. Failure to do so can lead to liability when it results in an accident.
What Is the Statute of Limitations for Filing a Truck Accident Claim in Virginia?
In Virginia, injury victims normally have two years from the date of a truck accident to file a lawsuit seeking compensation from the at-fault party. This may seem like plenty of time. However, remember that it can take months to thoroughly investigate a serious truck accident, identify all sources of liability, research the governing law, build a strong case, negotiate with insurers, and litigate a case in court.
Further, the more time that passes after an accident, the higher the risk that key evidence will deteriorate or disappear. For these reasons, it is best to consult with an attorney as soon as possible after an accident and well before the filing deadline approaches.
Can the Statute of Limitations Be Extended?
Under certain circumstances, the statute of limitations can be paused (“tolled”). For instance, if an injury victim is a minor at the time of the accident, the deadline may be paused until they reach their eighteenth birthday. Similarly, the deadline may be paused if the plaintiff is disabled at the time of the accident.
The statute governing personal injuries in Virginia also creates an exception in cases involving intentional wrongdoing to hide liability. Specifically, the deadline may be extended “in cases in which fraud, concealment, or intentional misrepresentation prevented discovery of the injury within the two-year period.”
However, even if you think one of these exceptions may apply in your case, it is still a very good idea to speak to an attorney as soon as possible after a truck accident. The consequences of inadvertently missing the correct deadline can be devastating to your case, and the best way to avoid them is simply by not taking any risks.
What Happens If I Miss the Deadline?
If one of the narrow exceptions discussed above does not apply, cases filed after the governing deadline passes are nearly always dismissed in court. This will eliminate your right to seek legal compensation, as well as your bargaining power during settlement talks with the at-fault party and their insurers. With the threat of a lawsuit eliminated, you will lose the upper hand during negotiations, leaving the other side with little incentive to make a fair offer.
Contact a Virginia Truck Accident Lawyer
If you or someone you love suffered injuries in a truck accident, seek legal help as soon as possible. At Lichtenstein Law Group, a skilled attorney is standing by to listen to your story, make sure you know your rights, and develop a solid legal strategy for securing the compensation you deserve. Contact us today to schedule a free, no-obligation consultation.
John E. Lichtenstein is a founding member of Lichtenstein Law Group, PLC, with more than three decades of experience as a trial lawyer. A graduate of the University of Virginia School of Law, John has successfully resolved hundreds of cases on behalf of his clients, including some of the largest jury verdicts and settlements in Virginia history. He has also served his profession, including serving as President of the Virginia Trial Lawyers Association in 2015-2016 and as Chair of the Virginia State Bar Criminal Law Section in 2007-2008.