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VIRGINIA TRUCKING LAW
See below for Virginia Trucking Law.
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The following law may apply to a Virginia tractor trailer, or semi truck, accident or other commercial vehicle accident. The Federal Motor Carrier Safety Regulations (FMCSR) are the rules that govern semi trucks on our highways, and have been adopted by the state of Virginia. They include rules drivers, their employers, and owners of trucks must follow.
The Federal Motor Carrier Safety Regulations that most certainly apply to any injury or death involving the negligence of a truck driver or a driver of a tractor trailer (semi trucks) or perhaps other commercial vehicles can be found at: www.fmcsa.dot.gov. The federal law in its entirety can be found in Title 49 of the Federal Code.
VIRGINIA TRUCKING LAW
Virginia tractor trailer, or semi truck accident law may be a little different than the federal law. Some of the highlights are listed below.
1. Virginia Trucking Law that governs Virginia semi truck accidents can be found at the following links:
Virginia Semi Truck Laws
Virginia Commercial Driver's License Regulations
2. VIRGINIA SEMI TRUCK DRIVER QUALIFICATIONS:
Both Federal and Virginia state safety regulations require that Virginia drivers of semi trucks (tractor trailers) meet certain qualifications. Each Virginia driver employed by a motor carrier (the trucking company) is required to have a “driver qualification file”. This file includes the driver’s application for employment, an inquiry to previous employers for the past three years employment history, an inquiry to state agencies for the past three years for a driving record, an inquiry to state agencies annually for driving records, an annual account of the driver’s certification of violations, a certificate or equivalent for the driver’s road test, and a medical examiner’s certificate which must be renewed every two years. Other requirements that must be met include:
a. Age:
i. Interstate Travel: (traveling within 2 or more states). The required age of a Virginia tractor trailer (semi truck) driver is at least 21 years old. (49 CFR § 391.11(b)(1))
ii. Intrastate Travel: (within a single state). The required age of a Virginia driver is at least 18 years old. (Va. Code Ann. § 46.2-341.9)
b. Language:
i. English: Virginia semi truck drivers must be able to speak, understand, and converse in the English language.
ii. Virginia tractor trailer (semi truck) drivers must understand traffic signs.
iii. Virginia semi truck drivers must be able to make records and reports in English. (49 CFR 391.11(b)(2))
c. Operation of Virginia Motor Carrier (Employer):
i. Experience or training qualifies Virginia tractor trailer (semi truck) drivers to safely operate A Virginia semi truck (tractor trailer) or Virginia commercial vehicle. (49 CFR § 391.13)
ii. Virginia semi truck drivers must have the physical capability to operate motor carrier. (49 CFR § 391.41)
1. Any person who applies for a CDL and who is required as a part of his examination to demonstrate that his vision meets the standards of § 46.2-311 B of the Code of Virginia may satisfy that requirement by submitting to the department a copy of the medical examination report form which was used as the basis for the Medical Examiner's Certificate, which is required of most commercial drivers by the FMCSRs and the VAMCSRs. The Medical Examiner's Certificate must also be submitted with the medical examination report form. The provisions of this section shall not limit the department's authority to require an examination pursuant to § 46.2-322 of the Code of Virginia. (24 VAC 20-60-70)
2. The department may waive the vision requirements of § 46.2-311 B for any CDL applicant who either (i) is subject to the FMCSRs, but is exempt from the vision standards of those regulations pursuant to 49 CFR § 391.71, or (ii) is not required to meet the vision standards specified in 49 CFR § 391.41 of the FMCSRs. (24 VAC 20-60-80)
3. Prior to April 1, 1992, the Commissioner may waive the skills test for applicants licensed at the time they apply for a commercial driver's license if:
a. The applicant has not, and certifies that he has not, at any time during the two years immediately preceding the date of application:
i. Had more than one driver's license, except during the ten-day period beginning on the date such person is issued a driver's license, or unless, prior to December 31, 1989, such applicant was required to have more than one license by a state law enacted before June 1, 1986;
ii. Had any driver's license or driving privilege suspended, revoked or canceled;
iii. Had any convictions involving any kind of motor vehicle for the offenses listed in § 46.2-341.18, 46.2-341.19, or 46.2-341.20; and
iv. Been convicted of a violation of state or local laws relating to motor vehicle traffic control, other than a parking violation, which violation arose in connection with any reportable traffic accident; and
b. The applicant certifies and provides evidence satisfactory to the Commissioner that he is regularly employed in a job requiring the operation of a commercial motor vehicle, and either:
i. Has previously taken and successfully completed a skills test which was administered by a state with a classified licensing and testing system and that test was behind the wheel in a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed; or
ii. Has operated, for at least two years immediately preceding the application date, a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed. (Va. Code Ann. § 46.2-341.14)
iii. Virginia tractor trailer (semi truck) drivers are required to reduce speed and to take into consideration bad weather conditions. A Virginia semi truck driver must reduce speeds for snow, ice, fog, rain, smoke, dust, or other conditions that affect visibility or traction adversely. Certain conditions make it a requirement for the Virginia driver to stop their vehicle all together. (49 CFR § 392.14)
d. Valid Virginia License:
i. Virginia semi truck drivers must possess a currently valid C.D.L. (Commercial Driver’s License)
ii. The valid C.D.L. is issued by Virginia (49 CFR § 383.23(a)(2))
iii. The semi truck driver has successfully completed Virginia road test (49 CFR § 383.23(a))
iv. Any person who holds a valid CDL from another state, who moves to Virginia and who intends to operate commercial motor vehicles, must apply to the department for a Virginia CDL within 30 days after becoming domiciled in Virginia. Except as provided in 24 VAC 20-60-40, if the department determines that such applicant is otherwise eligible for a CDL, the department will issue him a Virginia CDL with the same classification and endorsements as his CDL from another state, without requiring him to take the knowledge or skills test required for such CDL. (24 VAC 20-60-30)
e. Virginia Certifications:
i. Has any and all certifications required by Virginia employer / Virginia motor carrier (49 CFR § 391.27(c))
ii. Is not disqualified to operate a Virginia semi truck / Virginia motor carrier (49 CFR § 391.15)
f. Virginia Driver Responsibility:
i. Hours of Service
i. No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:
(1) More than 11 cumulative hours following 10 consecutive hours off duty; or
(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of Sec. 395.1(o).
(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after--
(1) Having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
(c)(1) Any period of 7 consecutive days may end with the beginning of any off duty period of 34 or more consecutive hours; or
(2) Any period of 8 consecutive days may end with the beginning of any off duty period of 34 or more consecutive hours. (49 CFR § 395.3)
ii. The reason for these hour restrictions is to prevent driver fatigue. It has been a proven fact that driver fatigue often is a cause of interstate trucking accidents. The trucking carrier and the driver are both responsible for this type of Hours-of-Service (HOS) violation.
g. Truck Driver Logs
i. A Virginia tractor trailer (semi truck) driver is required to keep certain specific logs to prove that he or she has not violated these Hours-of-Service rules. The Virginia employer or motor carrier is required to inspect the drivers’ logs to confirm compliance with these regulations. (49 CFR § 395.8)
ii. Driver Logs: 49 CFR § 395.8 involve A Virginia tractor trailer (semi truck) driver making a record of his duty status. A Virginia driver must keep a log of his or her status for every 24 hour period. Pursuant to Section 395.8 of the Federal Motor Carrier Safety Regulations, the log is usually in written form and on a grid.
iii. Because of technology, the Virginia semi truck driver log is often kept by an on-board recording device. The log indicates when the Virginia driver is on and off duty and whether they are driving or in the “sleeper birth”, which is usually designated as “SB”. The Virginia motor carrier is responsible if the tractor trailer (semi truck) driver submits a false log. (49 CFR § 395.15)
1. There are sometimes investigations regarding whether a Virginia driver keeps two sets of logs or books, so that he or she could drive longer than they are allowed to drive by Virginia law.
iv. The following is an example of an Hours-of-Service truck driver log with no driving violations recorded:
v. A Virginia motor carrier (the trucking company) is responsible and required to fashion or schedule their Virginia truck driver’s runs and routes in a way that would allow Virginia drivers to complete them without violating any speed limits or Hours-of-Service violations.
vi. Virginia tractor trailer (semi truck) drivers must follow posted speed limits. Trucks, often times, must follow a lower speed limit that drivers of cars.
h. Alcohol and Controlled Substances
i. Alcohol and drivers of Virginia tractor trailers (semi trucks): A trucker cannot have any alcohol in his or her system at all while driving a tractor trailer (semi truck). This, of course, includes driving, but also when Virginia drivers are merely “on duty”, which would include even if they were not driving, but where they are in physical control of the truck. (49 CFR § 382.201)
ii. Alcohol is not tolerated whatsoever, which is different from drivers of cars, certain vans, and motorcycles that have alcohol in their system up to certain limits, and still may be able to legally drive. The rules involving Virginia truck drivers are extremely strict. (49 CFR § 382.205)
iii. No driver shall report for duty or remain on duty when it requires the performance of safety functions, when the driver has used any controlled substance. (49 CFR § 382.213)
i. Truck Equipment & Repair
i. A driver of A Virginia tractor trailer (semi truck) must make sure that his or her truck (trailer, or cab) and its equipment are in good working order at all times. (49 CFR § 396.3(a)(1))
iii. This section of the Federal Motor Carrier Safety Regulations includes brakes to the tractor, brakes to the trailer, parking brakes, steering devices, lighting devices, tires, horn, windshield wipers, rear vision mirrors, and coupling devices (a coupling device is analog shift register, that transports analog signals or electric charges).
1. STUDIES SHOW THAT BRAKE FAILURE/DEFECTS ARE A MAJOR CAUSE IN A HIGH PERCENTAGE OF CRASHES: The National Highway Traffic Safety Administration (NHTSA) found that in 2004 there were over 400,000 big trucks that were involved in traffic crashes in the U.S. This study found that 5,190 people died and 116,000 were injured in those crashes. In 2004, one out of eight traffic fatalities in were a result from a collision involving a large truck.
2. It is important for regulations to be followed so that violations do not result in a Virginia semi truck accident. Many violations exist and will result in an accident if not inspected regularly.
iv. The Virginia tractor trailer (semi truck) driver is responsible to make sure even their emergency medical equipment is in working order and legal at all times. The truck driver has a duty to inspect it and use it. (49 CFR § 393.95)
v. Every vehicle driven or moved on a highway within the Commonwealth shall at all times be equipped with such lights as are required in this chapter for different classes of vehicles. The lights shall at all times be capable of being lighted, except as otherwise provided. This section shall not apply, however, to any vehicle for transporting well-drilling machinery licensed under § 46.2-700 when operated only between the hours of sunrise and sunset. (Va. Code Ann. § 46.2-1011)
vi. The Superintendent shall approve methods of brake testing and head light testing. Approval of the use of mechanical brake and light testing equipment may be given by the Superintendent. When necessary, the Superintendent may call upon the United States Bureau of Standards or some other recognized testing agency to assist him in determining whether such mechanical testing equipment shall be approved for the purpose set forth in this chapter.
vii. A Virginia semi truck driver must make sure that emergency equipment is in place and ready to be used at any time. (49 CFR § 393.95)
viii. A. Whenever any commercial motor vehicle as defined in § 46.2-341.4 is stopped on any roadway or on the shoulder of any highway in the Commonwealth at any time for any cause other than stops necessary to comply with traffic control devices, lawfully installed signs, or signals of law-enforcement officers, the operator of such vehicle shall immediately activate the vehicular hazard warning signal flashers and as soon as possible, but in any event within 10 minutes of stopping, place or cause to be placed on the roadway or shoulder three red reflectorized triangular warning devices of a type approved by the Superintendent. One of the red reflectorized triangular warning devices shall be placed in the center of the lane of traffic or shoulder occupied by the stopped vehicle and not less than 100 feet therefrom in the direction of traffic approaching in that lane, a second not less than 100 feet from such vehicle in the opposite direction and a third at the traffic side of such vehicle not closer than 10 feet from its front or rear. However, if such vehicle is stopped within 500 feet of a curve or crest of a hill, or other obstruction to view, the red reflectorized triangular warning devices in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than 500 feet from the stopped vehicle. Vehicular hazard warning signal flashers shall continue to flash until the operator has placed the three red reflectorized triangular warning devices required in this subsection. The placement of red reflectorized triangular warning devices is not required within the corporate limits of cities unless, during the time which lights are required to be illuminated on motor vehicles by § 46.2-1030, the street or highway lighting is insufficient to make such vehicle clearly discernable at a distance of 500 feet to a person on the highway. Flares or torches of a type approved by the Superintendent may be used in lieu of red reflectorized warning devices. In the event that the operator of the stopped vehicle elects to use flares or torches in lieu of red reflectorized triangular warning devices, the operator shall ensure that at least one flare or torch remains lighted at each of the prescribed locations as long as the vehicle is stopped. If gasoline or any other flammable liquid or combustible liquid or gas seeps or leaks from a fuel container or a commercial motor vehicle stopped upon a highway, no emergency warning signal producing a flame shall be lighted or placed except at such a distance from any such liquid or gas as will ensure the prevention of a fire or explosion.
The exception provided in this subsection with respect to highways within the corporate limits of cities shall not apply to any portion of any interstate highway within the corporate limits of any city. The provisions of this section shall not apply to any vehicle in a work zone protected by flagmen or approved temporary traffic control channeling devices, as required by the Virginia Work Area Protection Manual or to any vehicle displaying a flashing amber light authorized by § 46.2-1025 when such vehicle is (i) used for the principal purpose of towing or servicing disabled vehicles, or (ii) engaged in road or utility construction or maintenance.
B. If any such vehicle is used for the transportation of flammable liquids in bulk, whether loaded or empty, or for transporting inflammable gases, red reflectorized triangular warning devices or red electric lanterns of a type approved by the Superintendent of State Police shall be used. Such reflectors or lanterns shall be lighted and placed on the roadway in the manner provided in subsection A of this section. (Va. Code Ann. § 46.2-111)
ix. Whenever the load on any vehicle extends more than four feet beyond the rear of the bed or body thereof, there shall be displayed at the end of the load, in such a position as to be clearly visible at all times from the rear of the load, a red flag, not less than twelve inches, both in length and width. Between sunset and sunrise, however, there shall be displayed at the end of the load a red light plainly visible in clear weather at least 500 feet to the sides and rear of the vehicle. (Va. Code Ann. § 46.2-1121)
j. Intrastate Regulations
i. It shall be unlawful for any person to operate, offer, advertise, provide, procure, furnish, or arrange by contract, agreement or arrangement to transport property for compensation on an intrastate basis as a motor carrier or broker without first obtaining from the Department a license, permit, or certificate of public convenience and necessity as required by this chapter. (Va. Code Ann. § 46.2-2108.2)
ii. Each motor carrier shall be issued an identification marker unless the operation is interstate in nature and the carrier has been issued a single state registration receipt by the Department or other qualified jurisdiction. The identification marker shall be displayed on each vehicle as prescribed by the Department and shall be valid for the period of time prescribed by the Department. (Va. Code Ann. § 46.2-2108.3)
iii. Seasonal restricted commercial drivers' licenses
a. The Commissioner may, in his discretion, issue seasonal restricted commercial drivers' licenses in accordance with this section.
b. A Virginia seasonal restricted commercial driver's license shall be issued only to a person who (i) is a seasonal employee of a farm retail outlet or supplier, a custom harvester, a livestock feeder, or an agri-chemical business, (ii) is a Virginia-licensed driver with at least one year of driving experience as a licensed driver, and (iii) has satisfied every requirement for issuance of a commercial driver's license except successful completion of the knowledge and skills tests.
c. The Department shall not issue or renew a seasonal restricted commercial driver's license and shall not revalidate the seasonal period for which such license authorizes operation of a commercial motor vehicle, unless:
i. The applicant has not, and certifies that he has not, at any time during the two years immediately preceding the date of application:
1. Had more than one driver's license;
2. Had any driver's license or driving privilege suspended, revoked, or canceled;
3. Had any convictions involving any kind of motor vehicle for any of the offenses listed in §§ 46.2-341.18, 46.2-341.19, or § 46.2-341.20;
4. Been convicted of a violation of state or local laws relating to motor vehicle traffic control, other than a parking violation, which violation arose in connection with any reportable traffic accident;
5. Been convicted of any serious traffic violation, as defined in § 46.2-341.20, whether or not committed in a commercial motor vehicle; and
ii. The applicant certifies and provides evidence satisfactory to the Commissioner that he is employed on a seasonal basis by a farm retail outlet or supplier, custom harvester, livestock feeder, or agri-chemical business in a job requiring the operation of a commercial motor vehicle.
d. Such seasonal restricted license shall entitle the licensee to drive a commercial motor vehicle of the class and type designated on the license, but shall not authorize operation of a Class A vehicle.
e. Such seasonal restricted license shall authorize operation of a commercial motor vehicle only during the seasonal period or periods prescribed by the Commissioner and stated on the license, provided the total number of calendar days in any twelve-month period for which the seasonal restricted license authorizes operation of a commercial motor vehicle shall not exceed 180. The license is valid for operation of a commercial motor vehicle during the seasonal period or periods for which it has been validated and must be revalidated annually by the Department for each successive seasonal period or periods for which commercial vehicle operation is sought; such license shall authorize operation of noncommercial motor vehicles at any time, unless it has been suspended, revoked, or canceled, or has expired.
f. Such seasonal restricted license shall not authorize operation of a commercial motor vehicle during any period during which the licensee is not employed by an entity described in subdivision B hereof, nor if such operation is not directly related to such employment.
g. Such seasonal restricted license shall not authorize the licensee to operate any vehicle transporting hazardous materials as defined in this article, except that a seasonal restricted licensee may drive a vehicle transporting:
i. Diesel fuel in quantities of 1,000 gallons or less;
ii. Liquid fertilizers to be used as plant nutrients, in a vehicle or implement of husbandry with a total capacity of 3,000 gallons or less; or
iii. Solid plant nutrients that are not transported with any organic substance.
h. Such seasonal restricted license shall authorize the operation of a commercial motor vehicle only within 150 miles of the place of business of the licensee's employer or the farm being served. (Va. Code Ann. § 46.2-341.10:1)
iv. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency. (Va. Code Ann. § 46.2-1079)
v. If a federal regulation of interstate commerce permits the use in interstate commerce over the highways of Virginia or any of them, of a greater size, weight, or load limit than prescribed in this title, the Board shall prescribe a similar size, weight, and load limit for vehicles in intrastate commerce operated over the same highways. (Va. Code Ann. § 46.2-1103)
k. Exemptions
i. Motor vehicles while used exclusively in (i) carrying newspapers, water, livestock, poultry, poultry products, buttermilk, fresh milk and cream, meats, butter and cheese produced on a farm, fish (including shellfish), slate, horticultural or agricultural commodities (not including manufactured products thereof), and forest products, including lumber and staves (but not including manufactured products thereof), (ii) transporting farm supplies to a farm or farms, (iii) hauling for the Department of Transportation, (iv) carrying fertilizer to any warehouse or warehouses for subsequent distribution to a local area farm or farms, or (v) collecting and disposing of trash, garbage and other refuse. (Va. Code Ann. § 46.2-2101)
l. Width, Height, and Length Regulations:
i. No commercial vehicle shall exceed 102 inches in width when operating on any interstate highway or on any highway designated by the Commonwealth Transportation Board. The width limitation in this section shall not include rear view mirrors, turn signal lights, handholds for cab entry and egress, splash suppressant devices, and load-induced tire bulge. Safety devices, with the exception of rear view mirrors, shall not extend more than three inches on each side of a vehicle. The Commonwealth Transportation Board shall designate reasonable access to terminals, facilities for food, fuel, repairs, and rest. Household goods carriers and any tractor truck semitrailer combination in which the semitrailer has a length of no more than twenty-eight and one-half feet shall not be denied reasonable access to points of loading and unloading, except as designated, based on safety considerations, by the Commonwealth Transportation Board. No reasonable access designation shall be made, however, until notice of any proposed designation has been provided by the Commonwealth Transportation Commissioner to the governing body of every locality wherein any highway affected by the proposed designation is located. For the purposes of this section, a commercial vehicle is defined as a loaded or empty motor vehicle, trailer, or semitrailer designed or regularly used for carrying freight, merchandise, or more than ten passengers, including buses, but not including vehicles used for vanpools. (Va. Code Ann. § 46.2-1109)
ii. No loaded or unloaded vehicle shall exceed a height of 13 feet, six inches. (Va. Code Ann. § 46.2-1110)
iii. Except for buses and motor homes, no motor vehicle longer than 40 feet shall be operated on any highway in the Commonwealth. The actual length of any combination of vehicles coupled together including any load thereon shall not exceed a total of 65 feet. However, the length of a tractor truck semitrailer combination may exceed 65 feet in length, provided the semitrailer does not exceed 53 feet in length and the distance between the kingpin of the semitrailer and the rearmost axle or a point midway between the rear tandem axles does not exceed 41 feet. The Commonwealth Transportation Commissioner may impose restrictions on the operation of vehicles exceeding 65 feet in length on certain roads, based on a safety and engineering analysis. No bus or motor home longer than 45 feet shall be operated on any highway in the Commonwealth. No tolerance shall be allowed that exceeds 12 inches. (Va. Code Ann. § 46.2-1112)
m. Disqualifications of Driver:
i. Virginia motor carriers, or employers or semi truck drivers, do not have the authority to disqualify a semi truck driver. Disqualifying offenses are listed in the Federal Motor Carrier Safety Regulations. (49 CFR § 391.15)
ii. Some disqualifying offenses of Virginia semi truck drivers include (but are not limited to):
1. Driving with a revoked or suspended license
2. Driving while under the influence of alcohol or drugs
3. Leaving an accident scene that involves a commercial motor vehicle (semi truck)
4. Committing a felony with the use of a commercial motor vehicle (semi truck)
5. Speeding, or Reckless Driving
6. Improper and/or erratic traffic lane changes
7. Following another vehicle too closely when driving the semi truck
8. Railroad crossing violations when driving the semi truck
n. Law: 49 C.F.R. (Click the following link to be taken to the law in its entirety: Title 49 Law)
3. The National Network (or National Truck Network) is a network of approved state highways and interstates for semi truck (tractor trailer) drivers in the United States. The following Routes are acceptable for Virginia semi truck drivers:
US 11 I-81 Exit 195 0.16 Mi. N. of VA 645 Rockbridge Co. US 11 VA 220 Alt. N. Int 2.15 Mi. S. of VA 220 Alt. N. Int. Cloverdale US 11 VA 100 Dublin VA 643 S. of Dublin. US 11 1.52 Miles N. of VA 75 US 19 N. Int. Abington. US 13 MD State Line I-64 Exit 282 Norfolk. US 17 US 29 Opal VA 2/US 17 BR New Post. US 17 VA 134 York Co I-64 Exit 258 Newport News. US 17 BR/SCL Fredricksburg US 17 New Post VA 2. US 19 I-81 Exit 14 (via VA 140) Abingdon US 460 N. Int./VA 720 Bluefield. US 23 TN State Line US 58 Alt: Big Stone Gap. US 23 0.33 Mi. N. of US 23 BR Norton KY State Line. US 25E TN State Line KY State Line. US 29 NC State Line I-66 Exit 43 Gainesville. US 33 N. Carlton St. Harrisonburg US 340 Elkton. US 33 I-295 Exit 49 0.96 Mile W. of I-295 Hanover Co. US 50 VA 259 Gore VA 37 Frederick Co. US 50 Apple Blossom Loop Rd. Winchester I-81 Exit 313 Winchester. US 58 VA 721 W. of Martinsville US 220 BR N. Int. Martinsville. US 58 S. Fairy St. Martinsville WCL Emporia. US 58 0.6 Mile E. of ECL Emporia VA 35 S. Int. Courtland. US 58 US 58 BR E. of Courtland US 13/I-264 Bowers Hill. US 58 Alt US 23 Norton US 19 Hansonville. US 58 Alt 0.4 Mile W. of US 11 I-81 Exit 17 Abington. US 58 BR VA 35 Courtland US 58 E. of Courtland. US 58 W. Int. VA 337 Claremont St. Norfolk US 460/St. Paul’s Blvd. Norfolk. US 60 0.03 Mi. West of VA 887 Chesterfield County US 522 Powhatan. US 220 NC State Line I-581 Roanoke. US 220 I-81 Exit 150 SCL Fincastle. US 220 BR US 220 S. Int 0.16 Mi. N. of VA 825 S. of Martinsville. US 220 BR US 58 N. Int. Martinsville US 220 N. Int. Bassett Forks. US 250 US 340 E. Int. Waynesboro VA 254 Waynesboro. US 250 I-81 Exit 222 VA 261 Statler Blvd. Staunton. US 258 NC State Line US 58 Franklin. US 258 VA 10 Benns Church VA 143 Jefferson Ave. Newport News. US 301 VA 1250 S. of I-295 I-295 Exit 41 Hanover County. US 301 US 301 BR N. Int. Bowling Green MD State Line. US 340/522 I-66 Exit 6 Front Royal 2.85 Miles N. of I-66. US 340 VA 7 Berryville WV State Line. US 360 US 58 South Boston VA 150 Chesterfield County. US 360 I-64 Exit 192 Richmond VA 617 Village. US 460 VA 67 W. Int. Raven US 19 Claypool Hill. US 460 VA 720 Bluefield WV State Line at Bluefield. US 460 WV State Line at Glen Lyn I-81 Exit 118 Christiansburg. US 460 I-581 Roanoke 0.08 Mile E. of VA 1512 Lynchburg. US 460 US 29 Lynchburg 1 Mile W. of VA 24 Appomattox County. US 460 0.64 Mile E. of VA 707 Appomattox County I -85 Exit 61 Petersburg. US 460 I-95 Exit 50 Petersburg US 58 Suffolk. US 501 VA 360 S. Int. Halifax US 58 South Boston. US 522 0.60 Mile S. of US 50 US 50 Frederick County. US 522 VA 37 Frederick Co 1.07 Miles N. of VA 705 Cross Junction. VA 3 US 1 Fredericksburg. VA 20 Wilderness. VA 7 I-81 Exit 315 Winchester 0.68 Mile W. of WCL Round Hill. VA 10 US 58 Suffolk VA 666 Smithfield. VA 10 ECI Hopewell 0.37 Mile W. of W. Int. VA 156 Hopewell. VA 10 US 1 Chesterfield County VA 827 W. of Hopewell. VA 20 I-64 Exit 121 Carlton Rd. Charlottesville. VA 30 I-95 Exit 98 Doswell US 1. VA 33 I-64 Exit 220 VA 30 E. Int. West Point. VA 36 I-95 Exit 52 Petersburg VA 156 Hopewell. VA 37 I-81 Exit 310 S. of Winchester I-81 Exit 317 (via US 11) N. of Winchester. VA 42 VA 257 S. Int. Bridgewater VA 290 Dayton. VA 57 VA 753 Bassett US 220 Bassett Forks. VA 86 US 29 Danville NC State Line. VA 100 I-81 Exit 98 US 11 Dublin. VA 105 US 60 Newport News I-64 Exit 250. VA 114 US 460 Christiansburg 0.09 Mile E. of VA 750 Montgomery County. VA 156 VA 10 W. Int. Hopewell VA 36 Hopewell. VA 199 US 60 Williamsburg I-64 Exit 242. VA 207 I-95 Exit 104 0.2 Mile S. of VA 619 Milford. VA 220 Alt US 11 N. Int. N. of Cloverdale I-81 Exit 150/US 220. VA 277 I-81 Exit 307 Stephens City 1.6 Miles E. of I-81 Exit 307. VA 419 I-81 Exit 141 Salem Midland Ave. Salem. VA 624 I-64 Exit 96 Old SCL Waynesboro. Common-wealth Blvd. in Martinsville Market St. N. Fairy Street. Note 1: I-66 Washington, DC, area — There is a 24-hour total truck ban on I-66 from I-495 Capital Beltway to the District of Columbia. (Excepted under 23 CFR 658.11(f)). Note 2: I-264 Norfolk — Truck widths are limited to 96 inches for the west-bound tube of the Elizabeth River Downtown Tunnel from Norfolk to Ports-mouth because of clearance deficiencies.
4. FALLEN CARGO: Many Virginia semi truck accidents occur because cargo has fallen from the Virginia truck’s trailer and injured another Virginia motorist. Often when Virginia semi truck accidents occur because of fallen cargo it is a result of the Virginia driver not securing the cargo properly. There are certain rules that Virginia semi truck drivers must follow when securing cargo.
5. LAW: Virginia adopts “The Federal Motor Carrier Safety Regulations”, which is Title 49 of the Federal Code, with some modifications for the state of Virginia.
6. VIRGINIA IS AN AT-FAULT STATE.
i. Virginia is an At-Fault state: This means that the law of negligence governs Virginia motor vehicle accidents. The person who is found to be “at fault” for your Virginia semi truck accident can be held accountable for your injuries and damages resulting from your Virginia semi truck crash.
ii. Virginia UIM Coverage: If you are injured in a Virginia semi truck accident with an at-fault driver who has inadequate or no insurance to cover your claim, underinsured or uninsured motorist coverage may protect you in this situation.
1. Underinsured Motorist Coverage: If you injured in a Virginia semi truck accident by an at-fault driver who does not have adequate insurance to cover your claim, if you have underinsured motorist coverage this may protect you.
2. Uninsured Motorist Coverage: If you are injured in a Virginia semi truck accident by an at-fault driver who does not have any insurance to cover your claim, if you have uninsured motorist coverage this may protect you.
3. Hit & Run: If you are injured in a Virginia semi truck accident with a hit and run, or unidentified, at-fault driver, you may be able to recover for your injuries and damages with UIM coverage.
iii. Statute of Limitations: 2 years
1. If you wish to commence a suit to recover damages for injuries resulting from your Virginia semi truck crash, you must do so within 2 years from the date of your Virginia semi truck accident. (Va. Code Ann. § 8.01-243)
1. IF YOUR WERE INVOLVED IN A VIRGINIA SEMI TRUCK ACCIDENT, YOU MAY BE INTERESTED IN THESE VIRGINIA TRUCKING WEBSITE LINKS:
a. Virginia Department of Transportation
virginiadot.org/
b. Commonwealth of Virginia Department of Motor Vehicles
www.dmv.state.va.us/
c. City of Richmond Department of Public Utilities
www.ci.richmond.va.us/DPU/
d. Virginia State Police
www.vsp.state.va.us/
e. Commercial Vehicle Safety Alliance
www.cvsa.org/
f. American Trucking Associates
www.truckline.com/
g. Truck Safety Coalition
www.trucksafety.org/
h. Virginia Trucking Association
www.vatrucking.org/
2. CALL ATTORNEY JASON WAECHTER OF www.TruckAccidentLawyers-USA.com. Our associating attorneys in Virginia and each state specialize in handling injury accidents involving semi trucks, or tractor trailers. Call Jason Waechter NOW for free advice. Often, time is of the essence and quick, thorough investigation makes the difference in these specialized cases. Call and speak to Attorney Jason Waechter personally NOW! 1-800-708-5433.
3. The federal regulations that governs semi truck, or tractor trailer, accidents is “The Federal Motor Carrier Safety Regulations”, which can be found at the website:
www.fmcsa.dot.gov
Our trucking law office handles or can handle cases in the following Virginia cities:
Abingdon Virginia Semi Truck Accident, Accomac Virginia Semi Truck Accident, Achilles Virginia Semi Truck Accident, Afton Virginia Semi Truck Accident, Alberta Virginia Semi Truck Accident, Aldie Virginia Semi Truck Accident, Alexandria Virginia Semi Truck Accident, Altavista Virginia Semi Truck Accident, Alton Virginia Semi Truck Accident, Amelia Court House Virginia Semi Truck Accident, Amherst Virginia Semi Truck Accident, Amissville Virginia Semi Truck Accident, Ammon Virginia Semi Truck Accident, Amonate Virginia Semi Truck Accident, Ampthill Virginia Semi Truck Accident, Andersonville Virginia Semi Truck Accident, Andover Virginia Semi Truck Accident, Annandale Virginia Semi Truck Accident, Appalachia Virginia Semi Truck Accident, Appomattox Virginia Semi Truck Accident, Ararat Virginia Semi Truck Accident, Arcola Virginia Semi Truck Accident, Ark Virginia Semi Truck Accident, Arlington Virginia Semi Truck Accident, Aroda Virginia Semi Truck Accident, Arrington Virginia Semi Truck Accident, Arvonia Virginia Semi Truck Accident, Ashburn Virginia Semi Truck Accident, Ashland Virginia Semi Truck Accident, Assawoman Virginia Semi Truck Accident, Atkins Virginia Semi Truck Accident, Atlantic Virginia Semi Truck Accident, Augusta Springs Virginia Semi Truck Accident, Austinville Virginia Semi Truck Accident, Axton Virginia Semi Truck Accident, Aylett Virginia Semi Truck Accident
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Union Hall Virginia Semi Truck Accident, Unionville Virginia Semi Truck Accident, Upperville Virginia Semi Truck Accident, Urbanna Virginia Semi Truck Accident
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Yale Virginia Semi Truck Accident, Yorktown Virginia Semi Truck Accident
Zacata Virginia Semi Truck Accident, Zanoni Virginia Semi Truck Accident, Zuni Virginia Semi Truck Accident
*There are many exceptions to Virginia semi truck accident law and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your Virginia semi truck injury.
*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.
***Law portion of site in progress. Virginia trucking law regarding Virginia semi truck accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.
Virginia Truck Accident Lawyers helping truck accident victims. If you were injured in a truck accident, you need to speak with a qualified trial attorney, one who knows truck law. We can help you find the right law firm to represent you.
