Losing someone to a truck crash is a loss nothing can undo. In the middle of the grief, families are often left with unanswered questions and mounting costs — and a legal claim they never expected to face. A wrongful-death case can’t bring your loved one back, but it can hold the responsible parties accountable and provide a measure of security for the family left behind. Decker Law handles these cases with the care they demand. Call 757-622-3317 for a free, confidential consultation.
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.
MEET OUR LAWYERS
Joseph Rigney
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
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Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
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Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
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Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
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Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
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Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
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Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
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George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
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.
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