Montagna Law Injury Attorneys
425 Monticello Avenue Suite B
Norfolk, Virginia 23510-2408
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Key Takeaways
- A Chesapeake truck accident can leave victims facing severe injuries, costly medical treatment, and time away from work.
- Virginia’s contributory negligence rule means that even 1% fault by the injured person can prevent recovery, making strong evidence essential.
- Victims of truck accidents may pursue compensation for medical expenses, lost income, pain and suffering, and, in some cases, wrongful death.
- Truck accident claims are complex, often involving multiple liable parties such as drivers, trucking companies, cargo loaders, or maintenance providers.
- Montagna Law’s Chesapeake truck accident attorneys investigate collisions, handle insurance negotiations, and work on a contingency fee basis — meaning no legal fees unless compensation is recovered.
A truck accident in Chesapeake can change your life in an instant. One moment you are driving along familiar roads, and the next you are dealing with painful injuries, expensive medical care, and time away from work. The bills do not stop, even when your paycheck does.
Insurance companies often try to limit payouts, no matter how serious your injuries or financial struggles may be. This leaves many people feeling stressed and uncertain about the future.
Montagna Law is here to help. Our Chesapeake truck accident attorneys handle investigations, manage communication with insurers, and pursue fair compensation on your behalf. While we work on your case, you can focus on healing and moving forward.
Choose The Montagna Law Truck Accident Attorneys In Chesapeake
Truck accident cases are often more complex than standard car accident claims. They may involve federal trucking regulations, multiple responsible parties, and difficult insurance disputes. At Montagna Law, our law firm has the resources and commitment to take on these challenges. We focus on building solid cases, protecting our clients’ rights, and pursuing fair compensation for medical bills, lost income, and long-term recovery needs.
Personalized Attention and Clear Communication
At Montagna Law, clients working with our truck accident attorneys receive personal attention from start to finish. From the first meeting, we make it easy to stay in contact with your lawyer and provide clear communication throughout your case.
Compassionate Support for Your Injuries
Our personal injury attorneys care about your well-being and understand the lasting impact a truck accident can have on your health, emotional stability, and ability to work. We approach every injury claim with compassion and determination, focusing on pursuing the compensation you need to move forward.
No Upfront Fees and Free Consultation
Montagna Law handles truck accident cases on a contingency fee basis, which means you do not pay attorney’s fees unless we recover compensation for you. We also offer a free, no-obligation consultation to review your case and explain available legal services and options without any cost to you.
What Clients Say About Working With Our Lawyers
“My experience from beginning to end was extremely smooth. From the sweet voice of Grace to the firm handshake from Jon, all made me feel secure in knowing that I made the best choice of hiring Montagna Law to represent me. You will not regret their service.” – Constance H.
“I have been a client of Montagna Law since 2014. Because the customer service is exceptional, I have established a rapport with everyone in the office. As a customer for 8 years, it is noted that this firm goes above and beyond for the clients.” – Eric E.
Meet Our Chesapeake Truck Accident Lawyer Attorneys
How Can a Chesapeake Truck Accident Lawyer Help Me?
A Chesapeake truck accident lawyer can manage every stage of your claim, giving you space to focus on recovery. At Montagna Law, we assist clients by:
- Investigating the accident. We gather evidence such as police reports, witness statements, and truck maintenance records — materials that can be difficult for an individual to obtain without legal support.
- Handling insurance company negotiations. Trucking companies often have their own teams of attorneys and insurance adjusters working to limit payouts. When you have legal representation, all communications and settlement discussions go through your attorney, protecting your rights.
- Establishing liability. Semi-truck accidents may involve multiple parties, including drivers, trucking companies, or cargo loaders. We identify responsible parties and build a case to prove fault.
- Calculating damages. Our team evaluates medical expenses, lost income, and pain and suffering to pursue fair compensation for your losses.
By hiring our personal injury lawyers, you can focus on your recovery while we handle the legal details every step of the way.
How to Choose a Truck Accident Lawyer in Chesapeake, Virginia
Choosing the right Chesapeake truck accident lawyer is an important step in protecting your rights after a collision. Key factors to consider include:
- Experience with truck accident cases. These cases may involve federal trucking regulations, such as those from the Federal Motor Carrier Safety Administration (FMCSA), and Virginia’s contributory negligence law.
- Knowledge of personal injury claims. A qualified attorney understands how to file a lawsuit, calculate damages such as medical expenses, lost income, and pain and suffering, and negotiate with insurers.
- Access to resources. Building a strong claim often requires reviewing electronic logging device data, securing witness testimony, and analyzing maintenance and cargo records.
- Clear client communication. The right lawyer keeps you updated, answers your questions, and offers a free consultation so you can understand your options before moving forward.
By weighing these factors, you can make an informed choice about legal representation. Montagna Law’s experienced attorneys meet these standards and are committed to guiding clients through the process with both skill and compassion.
Accident Cases We Handle in Chesapeake
Our legal team represents clients injured in a wide range of motor vehicle accident cases, including:
- Car accidents
- Motorcycle accidents
- Jackknife accidents
- Rollover accidents
- Wide-turn accidents
- Head-on collisions
- Rear-end collisions
- T-bone collisions
- Blind-spot accident
Common Causes of Truck Accidents in Chesapeake
Truck accidents in Chesapeake and the surrounding Hampton Roads region can happen for many reasons. Some of the most common causes of truck accidents include:
- Distracted driving: Truck drivers using mobile phones or engaging in other distractions can cause serious accidents.
- Driver fatigue: Violations of federal hours-of-service regulations can lead to catastrophic collisions.
- Speeding or aggressive driving: Operating large trucks at unsafe speeds increases the risk of losing control and causing a crash.
- Impaired driving: Alcohol, prescription drugs, or illegal substances can impair a truck driver’s ability to safely operate a commercial vehicle.
- Improper maintenance: Defective brakes, worn tires, or other mechanical issues can lead to preventable truck crashes.
- Unsecured or overloaded cargo: Improperly loaded trucks increase the risk of rollover accidents or cargo spills.
- Hazardous road conditions: Poor road design, lack of signage, or inadequate lighting can contribute to truck accidents.
Understanding the cause of the accident allows your Chesapeake truck accident attorney to identify all responsible parties, whether that includes the driver, the trucking company, or other third parties involved in vehicle maintenance or cargo loading.
Severe Types of Injuries Common in Truck Accidents
Collisions with large trucks often cause severe, sometimes life-changing injuries. If you are involved in a Chesapeake truck accident, seeking prompt medical attention is critical so doctors can diagnose visible and hidden injuries.
- Fractures and broken bones. Victims frequently suffer broken ribs, arms, legs, or other bones, some of which may not be immediately obvious.
- Spinal injuries. Damage to the spinal cord can result in partial or complete paralysis.
- Traumatic brain injuries (TBIs). A TBI can lead to lasting changes in memory, mood, or physical abilities, and symptoms may take days or weeks to appear.
- Internal organ damage. The force of a crash can injure internal organs, leading to serious complications.
- Wrongful death. Because of the size and weight of commercial trucks, these crashes are far more likely to result in fatalities than standard car accidents.
Steps to Take After a Chesapeake Truck Accident
A truck crash or big rig accident can leave victims shaken and unsure of what to do next. Taking the right steps protects your health and preserves evidence that may be critical for a personal injury claim. Key steps after a commercial truck accident include:
- Call 911: Report the crash and wait for police and medical responders.
- Get medical attention: Some serious injuries are not immediately obvious, so an evaluation is important.
- Document the accident scene: Take photos of vehicle damage, skid marks, and injuries if you can.
- Collect information: Get contact and insurance details from the truck driver, trucking company, and witnesses.
- Avoid admitting fault: Do not discuss who caused the crash with anyone at the scene.
- Notify your insurer: Report basic facts, but wait for legal advice before giving recorded statements.
- Contact a truck accident attorney: Legal counsel helps meet Virginia’s filing deadlines under Va. Code § 8.01-243 and communicates with insurance companies.
Following these steps can protect your rights and strengthen a personal injury lawsuit for medical bills, lost wages, and pain and suffering.
Who May Be Liable for a Chesapeake Truck Accident

Determining liability is one of the most important steps in a Chesapeake truck accident case. These crashes often involve more than one responsible party, and identifying each is critical to pursuing compensation under Virginia law.
Potentially liable parties for an auto accident include:
- Truck drivers. Speeding, distraction, or impairment can make a driver directly responsible for a crash.
- Trucking companies. Companies may be liable for unsafe hiring, poor training, inadequate supervision, or maintenance failures.
- Cargo loaders or shippers. Improperly loaded or unsecured cargo can contribute to rollovers or spills.
- Maintenance providers. Negligent repairs or missed inspections can result in dangerous breakdowns.
- Government entities. In rare cases, unsafe road design, poor signage, or lack of maintenance may contribute to a collision.
How Contributory Negligence Affects Chesapeake Truck Accident Cases
Virginia follows a strict common-law contributory negligence rule — if an injured person is found even 1% at fault, they may be barred from recovering damages. This rule applies regardless of the severity of your injuries or the other party’s fault, though limited exceptions like the “last clear chance” doctrine may apply in rare cases.
For Chesapeake truck accident victims, this means:
- Insurance companies often argue partial fault. Insurers may claim you contributed to the crash to reduce or deny payment.
- Strong evidence is critical. Photos, medical records, witness statements, and driver logs can help show that the truck driver or company was fully responsible.
- Legal guidance is important. A Chesapeake truck accident attorney can handle insurer communication and build a case to minimize the risk of being found at fault.
- Exceptions are rare. In limited situations, the “last clear chance” doctrine may apply if the defendant had the final opportunity to avoid the accident but failed.
Because contributory negligence can prevent recovery, victims should be cautious when speaking with insurers and seek legal help as early as possible.
What Types of Compensation Are Available for Truck Accident Injuries?
If you are injured in a Chesapeake truck accident, you may be entitled to pursue different types of compensation. These generally fall into three categories: economic damages, non-economic damages, and, in limited circumstances, punitive damages.
Economic damages cover measurable financial losses, such as:
- Medical expenses, including emergency care, hospital stays, surgery, therapy, and follow-up treatment
- Lost income during recovery and reduced future earning ability if the injury affects your work
- Repair or replacement costs for damaged property
Non-economic damages account for losses that affect your quality of life, including:
- Pain and suffering from the injuries
- Emotional distress during recovery
- Loss of enjoyment of life or reduced ability to participate in daily activities
- Wrongful death damages may include grief and loss of companionship, as well as emotional suffering, loss of comfort, guidance, and household services, and the decedent’s lost income and support.
Punitive damages may apply in rare cases when the at-fault party acted with extreme recklessness, such as driving under the influence. However, under Virginia law, punitive damages are capped at $350,000 total per case.
A Chesapeake truck accident attorney at Montagna Law can explain which categories of compensation may apply to your case and gather the evidence needed to pursue them.
What Factors Impact Truck Accident Claims in Chesapeake, Virginia?
Several factors can influence the outcome of a Chesapeake truck accident claim. For injury victims, understanding these elements is important when pursuing compensation for medical expenses, lost income, and other damages.
Key factors include:
- Negligence. Establishing whether the truck driver, trucking company, or another party acted carelessly is central to a claim.
- Responsible parties. Crashes may involve multiple liable parties, such as drivers, companies, or cargo loaders.
- Severity of injuries. Serious injuries like fractures, spinal cord damage, or traumatic brain injuries often affect the value of a case.
- Compliance with federal regulations. Truck drivers and companies must follow Federal Motor Carrier Safety Administration (FMCSA) rules on hours, rest breaks, cargo loading, and maintenance. Violations may support a claim.
- Documentation and evidence. Police reports, medical records, photos, and witness testimony can be critical to proving fault and damages.
A Chesapeake truck accident attorney at Montagna Law can evaluate these factors, protect your rights, and manage insurer negotiations on your behalf.
How Long Do I Have to File a Lawsuit After a Truck Accident in Chesapeake, VA?
Under Virginia Code § 8.01-243, you generally have two years from the date of the crash to file a personal injury lawsuit after a Chesapeake truck accident. For wrongful death cases, Virginia Code § 8.01-244 provides that the two-year clock begins on the date of death, not the date of the accident.
If you are unsure about deadlines, it is important to speak with a Chesapeake truck accident attorney as soon as possible. Waiting too long could prevent you from pursuing compensation.
Seek Fair Compensation With a Chesapeake Truck Accident Lawyer
Chesapeake’s busy roads increase the risk of collisions with large commercial trucks. If you or a loved one has been seriously injured in a crash, the attorneys at Montagna Law are ready to protect your rights and guide you through the legal process.
For more than 50 years, Montagna Law has represented clients in Chesapeake in various personal injury cases and practice areas. We pursue compensation for medical expenses, lost income, pain and suffering, and long-term recovery needs.
Call 757-622-8100 or complete our online contact form today to schedule a free consultation.
Frequently Asked Questions
If you have been in a car accident before, you might assume that a truck accident claim proceeds in a similar fashion. However, the average commercial freight truck weighs about 80,000 pounds or more, 20 times the weight of a passenger car. As a general rule of thumb, due to the sheer size of most trucks, victims tend to suffer more severe injuries and fatalities, creating a more complex and expensive claim. Truck accidents often involve complex medical evidence and high-pressure insurance tactics that make them much more challenging than conventional auto accidents. For example, carrier companies and their insurance providers are well aware of how high the stakes can be in a truck accident case. They are prepared to defend aggressively. Our experienced Chesapeake truck accident lawyers are committed to protecting your interests and leveling the playing field.
- Whether or not your truck accident claim recovers maximum damages depends on a few factors: The presence of negligence
- The party deemed at fault for the accident
- The extent of the damage
- The gravity of the accident
The legal guidance of a truck accident attorney is critical to seeking a claim. Truck drivers must maintain a strict level of on-the-road awareness. More so, under regulations set by the FMCSA, truck drivers must follow these rules while on duty:
- Maintaining a log of hours driven
- Driving no more than 10 hours per day
- Documenting rest and service breaks
- Non-use of drugs or alcohol
- Precise cargo loading
- Adhering to legal service and maintenance requirements
Gathering information to verify that the driver failed to meet these objectives or was negligent in another manner requires legal insight in many situations. Further, your ability to file a truck accident claim requires identifying all parties potentially responsible. Other potential at-fault parties may include:
- Commercial vehicle manufacturers
- Trucking Companies
- Cargo owners
- Local government in situations where poor road design, lack of signage, and other problematic issues exist
Under § 8.01-243, the Commonwealth of Virginia stipulates you must file a claim within two years from the date of the accident. The time for this statute of limitations begins on the date of the accident for injuries and, for a wrongful death case, on the date the victim died. Even if you think you may have missed the statute of limitations, consult a personal injury lawyer because this rule has some exceptions.
Most motor vehicle accidents involve negligence, recklessness, and other types of human errors. Sadly, this means many truck accidents occurring in Chesapeake and the greater Hampton Roads area are entirely preventable if drivers take due care.
- Reckless driving: Reckless driving includes behaviors such as DUI, speeding, illegal passing, and tailgating.
- Road hazards: Chesapeake road hazards may include ongoing construction, confusing traffic signals, unexpected detours, and other dangers, such as potholes.
- Inadequate maintenance: Poorly maintained trucks increase the possibility of equipment failure and/or manufacturer defects.
- Weather conditions: Hazardous driving conditions due to heavy rains, winds, and ice may warrant not driving or driving cautiously.
- Improper lane changing: Improper lane changing to skirt in and out of traffic creates unsafe road situations.
- Poor cargo loading: Improperly loaded cargo creates dangerous situations where cargo spills onto the roadway.
- Unrealistic time constraints: Unrealistic time constraints on drivers may cause them to speed and/or break federal rules. Fatigued drivers are often dangerous drivers.
Written By Jon Montagna
Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads, Virginia, area, focusing on personal injury, auto accidents, truck accidents, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.
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