There is no way to accurately calculate an average truck accident settlement in Virginia. Too many factors contribute to the value of a case to give a realistic average. The value of your case will be as unique as the circumstances in your truck accident.
If you want to better understand the potential value of your Virginia crash case, a Virginia truck accident lawyer is your best resource. Most personal injury law firms provide victims with a FREE claim review. Your lawyer can then explain the factors that will be influential to the settlement value in your case.
What Factors Affect a Virginia Truck Accident Settlement?
Calculating an average truck accident settlement that informs how much your personal injury case might be worth is impossible. This is because of the numerous factors that can affect the value of a collision case. Some of these factors include:
- Severity of injuries
- Necessary medical treatment, support, and ongoing care
- Income and how much time you will miss from work
- If you have lasting injuries, chronic pain, or disability
- The details of the crash and its cause
- The driver’s history
- Who is liable for the accident
- The available insurance coverage
- The strength of the evidence against the liable party
- The experience and knowledge of your truck accident lawyer
These factors, and others specific to your case, could affect your recoverable damages or the money available to you after a Virginia truck collision.
What Damages Are Recoverable in a Virginia Commercial Vehicle Crash Case?
The value of the damages recoverable in a commercial truck accident varies widely based on the facts of the case, the severity of injuries, and other factors. Before demanding compensation in a case and negotiating with an insurance company, it is crucial to understand the recoverable damages and their value. This understanding includes:
- Economic costs: Economic costs are the financial expenses and losses experienced because of a crash, including medical care, lost income, and related expenses. For those with long-term injuries or lasting impairments, future damages are a concern, too.
- Non-economic losses: These are the intangible losses endured because of the truck collision and injuries. This includes “pain and suffering” and inconvenience. For lasting injuries, future damages must be considered.
Wrongful Death Damages After a Fatal Virginia Truck Accident
The recoverable damages in a fatal truck accident case differ from those in a personal injury case filed by the victim. Wrongful death damages compensate the victim’s family and heirs. This could include income losses, loss of services, funeral and burial costs, and more. Working with a wrongful death lawyer will allow you to identify your recoverable damages and fight for fair compensation.
Punitive Damages Are Rare in Virginia Truck Accidents
Punitive damages in Virginia motor vehicle accident cases are rare but could be awarded at trial under certain circumstances. For example, when a drunk driver causes a crash, Va. Code § 8.01-44.5 allows these damages when a driver’s behavior is “so willful or wanton as to show a conscious disregard for the rights of others.”
Who Is Liable for Truck Collision Damages in Virginia?
Liability in truck accident cases is complex. The liable party in these cases could be the truck driver, a trucking company, or another corporation. A trucking company might be liable because the negligent driver who caused the crash was an employee working for them at the time of the collision. Under certain legal doctrines, this makes the employer vicariously liable for the employee’s negligence.
When an auto accident lawyer builds a case against the trucking company, they could also uncover evidence to show the truck company was directly liable, such as presenting evidence that they were aware of the driver’s lack of training or experience.
Generally, attorneys pursue compensation by filing a claim based on the trucking company’s corporate liability insurance policy. This tactic allows attorneys to demand fair compensation for the most serious and catastrophic injury accidents. Additionally, they may file a lawsuit against the company to seek fair compensation through court action.
How Can a Virginia Truck Accident Lawyer Help Recover a Fair Payout?
When it comes to 18-wheeler crashes, building a case is often complex. The trucking company—often the defendant in these lawsuits—possesses a lot of key evidence, such as the driver’s logs, employment records, and the truck’s event data recorder (EDR). Not having immediate access to this evidence can make it difficult to develop a case. However, an auto accident attorney will know how to legally preserve and gain access to this evidence.
They also know how insurance carriers work. Many insurance companies are using AI technology to assess, make offers, and deny claims today. Mass rejecting claims is unfair to victims hurt in truck accidents, but it is just one of the many tactics insurance companies may use to pay as little as possible to settle injury cases. You want an attorney who knows how these companies work and how to fight their lowball offers or denials.
When you hire a Virginia truck accident lawyer, they will handle the case from beginning to end. You can focus on your treatment, rehabilitation, and healing while they:
- Manage the communication with the insurance adjuster and liable party to protect you from misrepresenting yourself
- Investigate the crash, gather evidence, and identify the liable party or parties so that they can develop a compelling case to demand fair compensation on your behalf
- Negotiate with the insurance company to obtain the compensation your injuries and care require
- Prepare and file a lawsuit, advocating for your rights and best interests at trial when needed
Va. Code § 8.01-243 generally provides two years from the accident date to begin a personal injury lawsuit. However, your attorney will want to get started much sooner.
Call to Speak to Our Virginia Truck Crash Team Today for FREE
The Parrish Law Firm, PLLC, provides a FREE claim review for victims hurt in Virginia truck accidents. We will assess your options and discuss how we can help you secure the maximum compensation based on the facts of your case.
Call us or use our online contact form to reach our team today.
Call or Text 571-229-1800 or Complete a Free Case Evaluation form