In the minutes after a big rig slams into your car on I‑64, Jefferson Avenue, or near the Newport News Shipbuilding gates, you are not thinking about insurance tactics or legal deadlines. You are trying to catch your breath, check on your passengers, and understand how a tractor-trailer suddenly turned your normal day upside down. Sirens, flashing lights, and pain make it hard to think clearly, much less plan ahead.
Once the initial shock fades, a different kind of fear often takes over. You may start to worry about how you will pay hospital bills from Riverside Regional or Sentara CarePlex, replace a totaled car, or cover missed time from work at the shipyard, the port, or the base. People around you offer advice, but much of it is based on minor fender benders, not a serious crash with an 80,000-pound commercial truck. What you do and what you say in the next few days can have more impact on your claim than the crash itself.
At Larry King Law, we have seen strong Newport News big rig accident cases weakened by avoidable post-crash decisions. Trucking companies and their insurers move fast after a major wreck, often sending investigators and lawyers into action before you leave the hospital. This guide walks through the most common big rig accident mistakes Newport News victims make and explains how to avoid them so you do not give the trucking company an advantage it should not have.
Contact our trusted personal injury lawyer in Palmdale at (888) 700-4151 to schedule a free consultation.
Why Post-Crash Decisions Matter So Much After a Big Rig Accident
Big rig crashes are not handled like typical two-car accidents in a grocery store parking lot. A fully loaded tractor-trailer can carry significant insurance coverage, sometimes in the hundreds of thousands of dollars or more, and every serious injury claim is a financial and reputational threat to the carrier. Many motor carriers have protocols to alert an internal risk team or their insurer the moment a serious crash is reported in Newport News or anywhere along I‑64, Route 17, or Warwick Boulevard.
While you are at the hospital or on your way to the emergency room, the trucking company’s insurer may already be gathering driver statements, downloading electronic data, and planning how to limit their exposure. Adjusters and defense lawyers study these cases for a living, and they know how to turn vague statements, gaps in medical care, and missing evidence into arguments that shrink or damage your claim. The window to control the story of what happened is often measured in days, not months.
Virginia law raises the stakes even higher. Under Virginia’s contributory negligence rule, if an insurer convinces a jury that you were even slightly at fault, they can argue you should recover nothing. That makes every comment about speed, distractions, or “not seeing” the truck a potential weapon against you. At Larry King Law, we have seen how quickly post-crash choices get twisted by insurance companies, which is why we focus so much on preventing big rig accident mistakes Newport News victims often make before they understand how the system works.
Mistake #1: Trusting the Trucking Company’s Insurance Adjuster
One of the first surprises after a serious big rig collision is how quickly the trucking company’s insurer calls. An adjuster may reach you at home or even on your cell phone within days, using a calm and friendly tone. They might say they want to “get your side of the story,” “help move things along,” or “make sure your bills are taken care of.” To someone who has never dealt with a catastrophic crash, it can sound like a lifeline.
What most people do not realize is that the adjuster does not work for you, no matter how sympathetic they sound. Their job is to protect the trucking company and its policy limits by reducing or denying your claim wherever possible. Adjusters are trained to ask questions in a way that seems casual but is carefully designed to get you to describe the crash in terms that leave room to blame you, or to minimize how badly you are hurt. Innocent comments like “I did not see him” or “I am doing okay now” often show up later in claim files and settlement negotiations.
Adjusters also try to collect as much information as they can before you have legal advice. They may ask for a recorded statement, broad medical authorizations, or access to past medical records that have nothing to do with the crash. Those documents are then reviewed for anything that suggests a preexisting condition or alternative cause of your pain. We regularly see adjuster transcripts where a single off-hand word is later used to argue someone was “not paying attention” or “not really injured” after a Newport News big rig accident.
A better approach is to keep initial conversations very limited. You can confirm basic facts like your name, contact information, and the date of the crash, but decline recorded statements and broad authorizations until you have talked with an attorney. You can simply say you are still receiving medical care and want to understand your rights before giving detailed information. At Larry King Law, part of our early work in big rig cases involves taking over these communications so insurers do not keep pressing injured people into mistakes that are hard to undo later.
Mistake #2: Saying “I’m Okay” or Delaying Medical Care
Right after a tractor-trailer crash, many people feel more scared than hurt. Adrenaline floods your system during a high-impact event, and your body’s fight or flight response can mask pain from serious injuries. You may be more worried about blocking traffic near the James River Bridge or checking on your children than whether your neck or head hurts. When police or other drivers ask if you are alright, it can feel natural, or even polite, to say “I’m okay” even if you are not sure.
Those words often show up later in police reports, hospital triage notes, or EMS run sheets. Insurance companies like to point to any early comment or record that suggests you were not in pain, did not want transport by ambulance, or downplayed your symptoms. In their hands, “I’m okay” turns into “The crash could not have been that bad” or “If they were really injured, they would have complained immediately.” That argument is especially common when injuries involve soft tissue, back pain, or concussions that may worsen over hours or days.
Delaying medical care creates similar problems. Many Newport News crash victims try to tough it out or wait a few days to see if things improve, especially if they do not want to spend a night in the emergency room. From a claims perspective, that gap in treatment becomes a target. Adjusters argue that something else must have happened in the days after the wreck, or that the injuries were minor because you did not go straight to Riverside Regional, Mary Immaculate, or Sentara CarePlex. Your medical records and timelines are a core part of your damages claim, and gaps give insurers room to argue.
The safer route for both your health and your case is to get checked as soon as possible, even if you are not sure how bad it is. Tell the doctors about every symptom, even ones that seem minor, and follow their discharge instructions, including follow-up with primary care, orthopedics, or physical therapy. If pain increases or new symptoms appear in the days after the crash, return for further evaluation instead of waiting. At Larry King Law, we regularly review emergency room charts and follow-up records to link injuries to a big rig crash, and consistent documentation makes it much harder for insurers to discount your pain.
Mistake #3: Admitting Fault or Apologizing at the Scene
In the chaos after a violent collision, people often say things they do not truly mean in a legal sense. Many of us are raised to apologize anytime something bad happens, even if we did not cause it. After a tractor-trailer sideswipes you on Warwick Boulevard or cuts across your lane near the Monitor Merrimac Memorial Bridge Tunnel, it may feel reflexive to say “I’m sorry” to the truck driver, the officer, or witnesses. You might guess about what happened, saying something like “Maybe I was going a little fast” or “I did not see him until the last second.”
In a state that follows contributory negligence, those comments can come back to haunt you. Virginia law allows an insurer to argue that if you were even slightly at fault, your entire recovery should be blocked. When police write up their crash report, they may include your roadside comments in the narrative. An adjuster later points to that narrative and says, “Even they admitted they were partly to blame.” It does not matter that you were in shock or that the trucker may have violated multiple safety rules. The written record becomes more important than what you meant in the moment.
Admitting fault is not just saying “I caused the crash.” It can be any statement that suggests you were not paying attention, were distracted, were speeding a little, or made some other mistake. Defense lawyers in big rig cases study police reports, body camera footage, and witness statements line by line, looking for any phrase they can twist into contributory negligence. We have seen single sentences in Newport News police narratives become the centerpiece of an insurer’s liability defense months later.
You are allowed to cooperate with law enforcement without guessing about fault. You can provide your license, registration, and insurance information, answer basic identification questions, and describe visible facts if you are comfortable doing so. It is fine to say you are shaken up and want to focus on getting medical care. You do not have to argue with the truck driver or anyone else about who caused the crash at the roadside. If an officer presses for your opinion on fault, you can be honest about what you saw and did without speculating about things you did not see, such as whether the trucker was on the phone or had been driving too long without rest.
Mistake #4: Failing to Preserve Crucial Big Rig Evidence
Big rig crashes generate a different kind of evidence than typical car accidents. Modern commercial trucks usually carry electronic logging devices that record hours of service, GPS location, and movement data. Many fleets use dash cameras, both forward-facing and cab-facing, that capture what the driver and the road looked like in the moments before impact. There are also paper or electronic pre-trip inspection reports, maintenance and repair records, load manifests, and dispatch communications that can show pressure to meet a schedule or a pattern of safety problems.
Much of this information does not sit around forever. Electronic logging device data might be overwritten as the truck continues to operate. Video recorders can loop and record over prior footage. Certain inspection and maintenance records may only be kept for a limited time under Federal Motor Carrier Safety Administration rules, especially if no one sends a formal request to preserve them. If months pass before anyone asks for these records, they may simply be gone in the ordinary course of business, and the trucking company may say they have nothing left to produce.
Most injured people cannot worry about evidence collection at the crash scene, nor should they if they are seriously hurt. Still, if you are physically able and it is safe to do so, photos and videos can help. Pictures of the truck’s position, its USDOT and company markings, skid marks, debris, lane lines, traffic signals, and weather conditions on I‑64 or Jefferson Avenue can later help an accident reconstruction professional understand what happened. Getting the names and contact details of witnesses, including port workers or other motorists, can preserve accounts that might otherwise be lost when people change jobs or phone numbers.
The more complex pieces of evidence, like electronic logging device downloads, maintenance histories, and dispatch notes, typically require legal action. Attorneys send preservation or spoliation letters that put the trucking company on notice that certain records are relevant and must not be destroyed. At Larry King Law, we know what to ask for and how to interpret it, from hours of service data that may show a fatigued driver to brake maintenance logs that may reveal overdue work. When these records are requested early, they can expose violations and patterns that strengthen a Newport News big rig case.
Waiting months to get legal help can mean that key digital and paper evidence no longer exists. Without that information, you may be left with only the truck driver’s version of events and a short police report. By acting quickly to preserve big rig evidence, you keep the trucking company from controlling the only detailed account of what occurred and make it much harder for them to downplay their role in the crash.
Mistake #5: Posting About Your Big Rig Accident on Social Media
Sharing life events online has become second nature for many people. After a terrifying tractor-trailer crash, friends and family may urge you to post photos or an update on Facebook, Instagram, or other platforms so everyone knows you are alive. You might be tempted to upload pictures of your wrecked car near the James River Bridge, or a smiling selfie from your hospital bed to reassure worried relatives. To you, it feels like staying connected, not like building evidence for the defense.
Insurance companies and defense lawyers think about it very differently. One of the first things many defense teams do in a serious injury case is search public social media profiles for posts about the crash, your recovery, and your daily life. A short message that says “Feeling blessed, could have been worse” can be spun as proof that your injuries were minor. Photos of you attending a family event, even if you were in pain the whole time and left early, can be shown to a jury as if you were living normally.
Even posts that do not directly mention the crash can be used against you. Check-ins at restaurants, gym visits, or travel photos may be taken out of context to argue you are more active than you claim. Comments from friends asking “How are you?” and your brief responses may be used to say you told people you were doing fine. Once something is posted, deleting or altering it later can raise its own set of problems and questions about whether you are trying to hide information.
The safest choice after a Newport News big rig accident is to avoid posting about the crash, your injuries, or your case at all. You can tighten privacy settings, but do not assume privacy equals protection, because courts may order production of certain content during discovery. Talk to close friends and family offline about how you are doing, and ask them not to post about your condition or the wreck either. At Larry King Law, part of our initial conversation with big rig clients includes practical guidance on social media, because we have seen how a single post can cause needless trouble months into a case.
Mistake #6: Settling Too Fast or Signing Paperwork You Do Not Understand
After a serious crash with a commercial truck, financial pressure hits quickly. Medical copays, deductibles, missed shifts at the shipyard or the port, and the cost of towing and replacing your vehicle all add up. When an insurance company offers a quick check in those first weeks, it can feel like a lifeline. They may emphasize that this will “help you move on” or “take care of things right away,” then present a release for you to sign.
What many people do not realize is that a release usually ends your claim forever. Once you sign, you typically cannot go back for more money, even if doctors later discover that you need surgery, extended physical therapy, or that you can no longer do your old job. Big rig crashes often cause injuries that are slow to fully reveal themselves, such as disc herniations, chronic pain syndromes, or post traumatic stress. It can take months of treatment and evaluation to understand how the crash will affect your long-term health and ability to work in Newport News or anywhere else.
Serious injury claims involve more than the first wave of emergency bills. Under Virginia law, recoverable damages can include future medical expenses, lost future earning capacity, and the impact of pain, suffering, and loss of enjoyment of life. An early lump sum that seems generous in the moment may not come close to covering years of follow-up care, time away from work, or permanent limitations. Insurers know this, which is why they sometimes push early settlements before you have had time to speak with a lawyer or complete recommended treatment.
Before signing any release or accepting a settlement in a big rig case, it is wise to have it reviewed by an attorney who understands trucking claims and Virginia law. At Larry King Law, we regularly evaluate proposed offers and compare them with the types of results that are typical in similar serious injury cases, while recognizing that every situation is unique. Our goal is to help you see whether an offer reflects the full scope of your losses and risks, not just today’s bills. Taking the time to get informed can prevent you from trading away your future for a short-term check.
Mistake #7: Waiting Too Long to Talk With a Newport News Big Rig Accident Lawyer
Many people put off talking with a lawyer because they do not see themselves as the type to file a lawsuit, or they worry it will make things more complicated. Others assume they have plenty of time because Virginia’s statute of limitations for personal injury usually gives several years to file. What often gets missed is that the most important work on a big rig case happens in the first weeks and months, long before any lawsuit is filed in Newport News Circuit Court or elsewhere.
Early legal involvement is not about rushing to court. It is about protecting your ability to make a fair decision later. A lawyer familiar with trucking cases can send preservation letters to the carrier, coordinate with accident reconstruction professionals, and manage all communication with insurers so you are not pushed into harmful statements or quick settlements. They can also help you understand how to document your medical care, lost income, and daily limitations in ways that make sense to judges, juries, and claims adjusters.
Waiting too long can mean crucial electronic logging device data, dash camera footage, and maintenance records are gone, witnesses have moved, and your own memory has faded. By the time you realize the insurer is not treating you fairly, the strongest evidence that could have supported your case may have disappeared. In a contributory negligence state like Virginia, where the other side only needs a small amount of blame to try to shut down your claim, losing that evidence can be devastating.
Talking with a Newport News big rig accident lawyer early does not force you into filing a lawsuit. It gives you a clear picture of your options so you can decide what makes sense for you and your family. At Larry King Law, we know the local roads, traffic patterns, and courts, from crashes near the Newport News Marine Terminal to wrecks along Route 17 and I‑664. When we step in early, we focus on preserving your rights and helping you avoid the big rig accident mistakes Newport News victims often do not see coming until it is too late.
Protect Your Newport News Big Rig Claim Before Mistakes Cost You
No one can undo the moment a tractor-trailer changed your life, but you have more control than you might think over what happens next. By staying cautious with insurance adjusters, getting prompt and consistent medical care, watching your words at the scene, preserving key evidence, staying off social media, and refusing to sign paperwork you do not fully understand, you make it much harder for the trucking company to turn the system against you. Those choices matter even more in Virginia, where contributory negligence gives insurers powerful tools if you are not careful.
If you have been hurt in a big rig crash in Newport News and are worried you might already have made some of these mistakes, you are not alone. The sooner you get clear information, the more an attorney can often do to protect your claim and your future. Contact Larry King Law to talk with someone who understands how these cases work in Newport News and throughout Virginia, and who can step in to deal with the trucking company while you focus on healing.
Contact our trusted personal injury lawyer in Palmdale at (888) 700-4151 to discuss your options after a Newport News big rig accident.