WHAT FAMILIES CAN RECOVER AFTER A FATAL TRUCK CRASH
When a truck crash is fatal, Virginia law allows the family to bring a wrongful-death claim (Va. Code § 8.01-50). It’s filed by the personal representative of the estate on behalf of the statutory beneficiaries — usually the surviving spouse and children, and in some cases parents or other family. The claim can seek compensation for the family’s sorrow and loss of companionship, for the income and services the loved one provided, and for medical and funeral expenses (Va. Code § 8.01-52). Virginia sets a two-year deadline to bring it (Va. Code § 8.01-244).
A fatal truck case carries all the complexity of any truck claim — multiple potentially liable parties, federal regulations, and evidence the carrier controls — layered on top of a family’s grief. Our role is to carry that weight: to investigate thoroughly, deal with the insurers and the trucking company, and pursue full accountability, while giving your family the space to grieve. (For fatal crashes that don’t involve a truck, see Wrongful Death.)
FATAL TRUCK ACCIDENT CLAIMS: WHAT TO KNOW
Who can file a wrongful-death claim in Virginia?
The claim is brought by the personal representative of the estate, on behalf of the statutory beneficiaries — typically the surviving spouse and children, and in some cases parents or other dependents (Va. Code §§ 8.01-50, 8.01-53).
What compensation can a family recover?
Virginia allows recovery for the family’s sorrow and loss of companionship, for the loved one’s lost income and services, and for medical and funeral expenses (Va. Code § 8.01-52).
How is this different from any criminal case against the driver?
A criminal case punishes the driver; it doesn’t compensate the family. The wrongful-death claim is separate and civil, and it can proceed on its own — you don’t need a conviction to pursue it.
How long do we have to file?
Generally two years from the date of death (Va. Code § 8.01-244). We know that’s the last thing on a grieving family’s mind, which is why we handle the deadlines and the process for you.
CONTACT DECKER’S FATAL TRUCK ACCIDENT ATTORNEYS
There’s no rush you need to feel and no pressure from us — only a team ready to handle the legal weight while your family grieves. When you’re ready, reach us by text, chat, phone, or email, or call 757-622-3317.