Virginia · Truck crash claim: what can I do?

Truck crash claim: what can I do?

See If You Qualify

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Filing deadline2 years from date of accidentVa. Code § 8.01-243

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Virginia?

Virginia has a 2-year statute of limitations for personal injury from truck accidents (Va. Code § 8.01-243). Virginia follows contributory negligence — any plaintiff fault bars all recovery. This makes Virginia particularly difficult for truck accident plaintiffs, and carriers aggressively pursue any shared fault argument. A lawyer can confirm yours.

2 years from date of accident

Claims against VDOT or state entities require compliance with the Virginia Tort Claims Act.

Source: Va. Code § 8.01-243

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Virginia's I-81, I-95, and I-64 corridors carry enormous freight volumes through the state. Virginia follows the harsh contributory negligence doctrine — one of only five jurisdictions — meaning any plaintiff fault bars all recovery. Expert legal representation is essential to prevent carriers from successfully arguing shared fault. Virginia has a 2-year SOL.

Interstate 81 — one of the most truck-dense corridors in the eastern United States — together with I-95, I-64 and I-66 routes heavy freight through the Shenandoah Valley, Roanoke and the I-95 corridor localities. Out-of-state carriers routinely remove cases to the U.S. District Court for the Eastern District of Virginia (Alexandria, Richmond, Norfolk) or the Western District (Roanoke, Abingdon), where the Federal Motor Carrier Safety Regulations apply. Virginia's two-year statute of limitations (Va. Code § 8.01-243) is unforgiving, and the Commonwealth remains one of only a handful of pure contributory-negligence jurisdictions: under Baskett v. Banks, a plaintiff found even one percent at fault recovers nothing. That doctrine makes early crash reconstruction, electronic control-module downloads and preservation of the driver's hours-of-service logs decisive in Virginia trucking litigation.

Virginia Beach Circuit Court

2425 Nimmo Pkwy, Virginia Beach, VA 23456

Court website

U.S. District Court — Eastern District of Virginia (Norfolk Division)

600 Granby St, Norfolk, VA 23510

Court website

Medical facilities in Virginia

  • VCU Medical Center — Level I Trauma Center

How this works nationally

For the overall process and updates, read the Truck crash claim: what can I do? overview. This page covers the local information available for Virginia.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Virginia? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

Register your interest

Sources

  1. Va. Code § 8.01-243