Fatal Truck Accident May Result in Wrongful Death Claim

A fatal commercial-truck accident may support a Virginia wrongful death claim when negligence or another legally wrongful act caused the death. The potential claim may involve the truck driver, motor carrier, vehicle owner, maintenance provider, cargo company, contractor or another party whose conduct contributed to the collision.

A traffic citation or police allegation can be important evidence, but it does not automatically establish civil liability. A wrongful death investigation must still address fault, causation, insurance coverage, available damages and any defenses.

Virginia generally requires the deceased person’s personal representative to bring the wrongful death action. Compensation, when recovered, is distributed among beneficiaries identified by Virginia law rather than automatically paid to every surviving relative.

A Virginia truck accident lawyer can investigate the commercial vehicles, motor carriers, drivers, insurance policies and government or roadwork entities involved in a fatal collision.

Historical I-64 Truck Collision in Newport News

On November 5, 2015, a multi-vehicle collision occurred on eastbound Interstate 64 near mile marker 249 and Fort Eustis Boulevard in Newport News.

Contemporaneous public reports stated that a tractor-trailer struck the rear of a stationary Virginia Department of Transportation crash truck that had been protecting a road crew. The impact reportedly forced the VDOT truck into the left travel lane.

Another tractor-trailer, driven by 69-year-old William E. Robinson of Staunton, was travelling in the left lane. Reports stated that Robinson attempted to avoid the vehicles, left the roadway, struck trees and overturned. He was pronounced dead at the scene.

The driver of the first tractor-trailer was reportedly charged with reckless driving. A charge reflects an allegation in a traffic or criminal proceeding; it does not by itself resolve every issue in a civil wrongful death case.

This historical summary is based on publicly reported information available after the collision. It does not state or imply that Atkinson Law represented anyone involved, that a civil claim was filed or that any person or company was ultimately found liable.

When Does a Fatal Truck Crash Become a Wrongful Death Case?

Under Virginia Code § 8.01-50, a wrongful death action may exist when:

1. A person or company committed a wrongful act, neglect or default.
2. That conduct caused the person’s death.
3. The deceased person could have maintained an injury claim if death had not occurred.

A death occurring during a collision does not automatically establish a wrongful death claim. The evidence must connect legally wrongful conduct to the fatal injuries.

Who Files a Virginia Wrongful Death Lawsuit?

The action generally must be filed in the name of the decedent’s personal representative.

The personal representative may be:

• An executor named in a valid will;
• An administrator appointed when there is no qualifying executor; or
• Another person properly appointed through the estate process.

A surviving spouse, child or parent does not ordinarily file the lawsuit solely in that person’s own name unless that person has also qualified as the personal representative.

Does the personal representative keep the recovery?

Not merely because that person filed the case. The personal representative receives and administers the recovery, but Virginia law controls who may receive the wrongful death proceeds.

Who May Be a Wrongful Death Beneficiary?

Virginia Code § 8.01-53 establishes classes of statutory beneficiaries.

Depending on the decedent’s family circumstances, beneficiaries may include:

• A surviving spouse
• Children
• Children of a deceased child
• Certain parents who received qualifying support or services from the decedent
• Parents when no spouse, child or qualifying descendant survives
• Brothers and sisters in specified circumstances
• Certain relatives who were primarily dependent on the decedent and lived in the same household

The beneficiary analysis can be complicated when the decedent had children from different relationships, dependent parents, stepchildren, deceased children or relatives living in the household.

What Damages May Be Recovered?

Under Virginia Code § 8.01-52, recoverable wrongful death damages may include the following categories.

Sorrow, mental anguish and solace

Solace may include the loss of:

• Society
• Companionship
• Comfort
• Guidance
• Advice
• Other aspects of the family relationship

Loss of expected income

The claim may include income the decedent was reasonably expected to earn and contribute.

Evidence may include:

• Employment history
• Pay records
• Tax returns
• Benefits
• Expected working life
• Health and career history
• Economic analysis

Loss of services, protection, care and assistance

The decedent may have provided valuable services that were not reflected fully in wages, such as:

• Childcare
• Household maintenance
• Transportation
• Care for a spouse or parent
• Financial management
• Home repairs
• Family guidance and support

Final medical expenses

Expenses for care, treatment and hospitalization resulting from the fatal injury may be included.

Funeral expenses

Reasonable funeral and burial or cremation expenses may be recoverable.

Punitive damages

Punitive damages may be considered when the evidence establishes willful or wanton conduct or recklessness showing a conscious disregard for others’ safety.

A traffic citation, federal safety violation or severe result does not automatically establish punitive damages.

Who May Be Responsible for a Fatal Truck Collision?

The commercial driver

A driver may be investigated for conduct such as:

• Following too closely
• Speeding
• Distracted driving
• Fatigued driving
• Unsafe lane movement
• Driving while impaired
• Failing to maintain a proper lookout
• Failing to respond safely to a work zone or stopped vehicle

The motor carrier or employer

A carrier may be responsible for an employee’s negligent driving when the applicable employment and agency requirements are satisfied.

Separate claims may also require investigation of the carrier’s own conduct, including:

• Driver qualification
• Training
• Supervision
• Hours-of-service compliance
• Dispatch practices
• Vehicle inspection and maintenance
• Response to known safety problems

The truck or trailer owner

The tractor, trailer and motor carrier may be owned or controlled by different entities. Ownership alone does not automatically establish liability, but ownership and leasing documents may identify additional policies and legal relationships.

A maintenance or repair provider

A maintenance company may require investigation when brake failure, tire failure, lighting problems or another mechanical condition contributed to the collision.

A cargo loader or shipper

Improperly loaded, secured or distributed cargo may contribute to instability, stopping problems, rollover or loss of control.

Responsibility depends on who performed and controlled the loading and what that party knew or was required to do.

A roadwork contractor

A contractor may require investigation when the collision involved a work zone, lane closure, warning system, traffic-control device or construction vehicle.

A government entity

A government vehicle’s involvement does not automatically mean the Commonwealth or locality is liable.

Potential claims involving VDOT, the Commonwealth or a local government may be affected by:

• Sovereign immunity
• Statutory liability limits
• Employee status
• The scope of employment
• Special notice requirements
• Shorter procedural deadlines

Does a Reckless-Driving Charge Prove Civil Liability?

No. A reckless-driving charge may be relevant, but a charge is an allegation rather than a final civil judgment.

A wrongful death investigation may separately examine:

• The final disposition of the traffic charge
• Police reports
• Witness statements
• Vehicle damage
• Dash-camera and surveillance video
• Electronic vehicle information
• Driver logs
• Roadway conditions
• Expert reconstruction evidence

The civil case must establish negligence or another wrongful act, causation and damages under the applicable burden of proof.

What Trucking Evidence Should Be Preserved?

Commercial trucking records may be held by several companies and may be retained for different periods.

Potential evidence includes:

• Electronic logging device data
• Records of duty status
• Dispatch and trip records
• Bills of lading
• Electronic communications
• GPS and telematics data
• Driver qualification records
• Drug and alcohol testing records
• Inspection, repair and maintenance records
• Post-crash photographs
• Dash-camera video
• Engine control module information
• Accident-register information
• Insurance reports
• Employment and training documents

Under federal trucking requirements, motor carriers generally maintain accident-register information for three years.

Drivers’ records of duty status, ELD data and supporting documents are generally retained for six months. Some video, telematics and communications may be overwritten sooner under normal business practices.

A written preservation request may help identify evidence that should not be destroyed, altered or overwritten after the carrier receives notice of a potential claim.

Why Does the Six-Month ELD Period Matter?

The ordinary wrongful death filing period is considerably longer than the federal retention period for some driver records.

A family that waits close to two years before beginning an investigation may discover that records concerning fatigue, driving time, dispatch activity or electronic communications are no longer available under the carrier’s normal retention system.

The need to preserve records does not mean the carrier violated a law. It means that important evidence may be handled according to ordinary retention schedules unless preservation obligations arise.

How Does Virginia’s Contributory-Negligence Rule Apply?

Virginia follows contributory negligence in ordinary negligence cases.

A defendant may argue that the deceased driver’s own negligence contributed to causing the collision. Potential allegations may include:

• Speeding
• Following too closely
• Failing to maintain a proper lookout
• Making an unsafe evasive maneuver
• Driving while distracted or fatigued
• Violating a traffic-control requirement

An allegation is not proof. The relationship between the alleged conduct and the fatal collision must be examined through the physical, testimonial and electronic evidence.

Can More Than One Defendant Be Responsible?

Yes. A fatal collision may result from concurrent negligence by more than one person or company.

For example, the investigation may find evidence concerning:

• A driver who failed to stop
• A carrier that placed an unqualified driver in service
• A maintenance provider that performed defective repairs
• A contractor that failed to implement required traffic controls
• Another driver who created a separate hazard

Each potential defendant’s conduct, legal duty and causal contribution must be established separately.

What if a VDOT Vehicle Was Involved?

A VDOT vehicle’s involvement does not necessarily create a claim against VDOT. The investigation must determine whether a Commonwealth employee or agency committed a negligent or wrongful act that caused the death.

When a viable claim may exist against the Commonwealth or VDOT, Virginia Code § 8.01-195.6 generally requires written notice within one year.

The notice must contain information including:

• The nature of the claim
• The time of the incident
• The location
• The agency or agencies alleged to be responsible

When VDOT is the agency alleged to be liable, the notice may be filed with the Commissioner of Highways as provided by the statute.

Government claims also involve immunity rules, statutory limits and additional filing provisions. The ordinary two-year wrongful death deadline should not be used as the only calendar for a potential government claim.

How Long Do You Have to File a Virginia Wrongful Death Lawsuit?

Under Virginia Code § 8.01-244, a wrongful death action generally must be filed by the personal representative within two years after the injured person’s death.

Different calculations or additional requirements may apply when:

• A previous action abated or was dismissed.
• A voluntary nonsuit occurred.
• A defendant died.
• A government entity may be liable.
• The identity of a defendant is uncertain.
• Another statutory tolling provision applies.

An insurance investigation, traffic prosecution or settlement discussion does not necessarily pause the filing period.

Does a Wrongful Death Settlement Require Court Approval?

Virginia wrongful death settlements generally require court approval.

Under Virginia Code § 8.01-55, the personal representative may compromise the claim before or after litigation, subject to approval by the appropriate circuit court.

The approval process may address:

• The settlement amount
• Attorney fees and case expenses
• Medical and funeral obligations
• Identification of beneficiaries
• Distribution among beneficiaries
• Interests of minors or incapacitated beneficiaries

What Should a Family Do After a Fatal Truck Accident?

1. Obtain the crash information. Request the investigating agency, report number and involved-party information.
2. Identify the personal representative. Determine whether an executor or administrator must qualify.
3. Preserve the vehicles and electronic evidence. Avoid repair, destruction or data loss before appropriate inspection.
4. Send preservation notices promptly. Trucking and electronic records may have short retention periods.
5. Identify every carrier and policy. The tractor, trailer, cargo and driver may involve different companies.
6. Preserve financial records. Keep employment, tax, benefit and household-service documentation.
7. Track government notice requirements. Do not assume the ordinary deadline is sufficient when VDOT or another agency may be involved.
8. Avoid signing broad releases. Confirm which people, companies, vehicles, insurers and claims would be released.
9. Monitor the traffic or criminal case. Obtain relevant records without allowing that proceeding to delay the civil investigation.
10. Consider legal advice. Fatal commercial-vehicle cases may involve several defendants, insurance policies and regulatory records.

Frequently Asked Questions

Does every fatal truck accident create a wrongful death claim?

No. The evidence must establish a wrongful act, negligence or default that caused the death and would have supported an injury claim if the person had survived.

Who files a Virginia wrongful death lawsuit?

The decedent’s properly appointed personal representative generally files the action.

Can any family member receive compensation?

Not automatically. Virginia law establishes classes of statutory beneficiaries based on the decedent’s family and dependency circumstances.

Does a reckless-driving ticket prove the truck driver was civilly liable?

No. It may be relevant evidence, but civil liability must be determined through the applicable evidence and legal standards.

Can the trucking company be responsible for its driver?

Potentially. The employment relationship, scope of work and applicable agency principles must be established. The carrier’s own hiring, supervision, dispatch or maintenance conduct may also require investigation.

Can several companies be defendants?

Potentially. The driver, carrier, owner, maintenance provider, cargo company or contractor may have separate duties, depending on the evidence.

How long are truck driver logs retained?

Motor carriers generally retain records of duty status, ELD records and supporting documents for six months. Preservation efforts may therefore need to begin well before the lawsuit deadline.

What damages may beneficiaries recover?

Potential damages include sorrow and solace, lost expected income, lost services and care, final medical expenses, funeral expenses and punitive damages when the legal standard is met.

Are punitive damages automatic after a reckless-driving charge?

No. Punitive damages require evidence satisfying Virginia’s willful, wanton or conscious-disregard standard.

How long do families have to file?

A Virginia wrongful death action generally must be filed within two years after death. Government involvement and other circumstances may create additional or shorter requirements.

Does the criminal or traffic case extend the wrongful death deadline?

Not necessarily. The civil deadline should be tracked independently.

Does hiring an attorney guarantee compensation?

No. Liability, causation, beneficiaries, damages, insurance and collectability depend on the evidence and applicable law.

Discuss a Fatal Truck Accident With Atkinson Law

A fatal commercial-truck collision may involve several drivers, companies, insurance policies, government entities and evidence-retention systems.

Atkinson Law can review the police investigation, commercial-carrier records, vehicle evidence, insurance policies, statutory beneficiaries and applicable deadlines.

Learn more about working with a Norfolk wrongful death lawyer or a Virginia truck accident lawyer.

Contact Atkinson Law to request a free, no-obligation consultation about a fatal Virginia truck accident.

This page provides general legal and historical information. It does not establish that any person or company involved in the November 5, 2015 collision was civilly liable, that a wrongful death claim was filed or that Atkinson Law represented anyone involved. Results depend on the evidence, applicable law and individual circumstances. Reading this page or contacting the firm does not create an attorney-client relationship.