Navigating Commercial Vehicle Accident Settlements in Northern Virginia

By

Ben Glass

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According to a study by the Virginia State Police, there were over 10,000 commercial vehicle accidents in Virginia in 2022, resulting in nearly 2,000 injuries and over 100 fatalities.

Car accidents involving commercial vehicles can be devastating, leading to severe injuries and emotional distress. The good news is that, by law, trucking companies and other commercial vehicle operators carry significant insurance policies that can help pay for damages. However, insurance companies almost always fight commercial vehicle and truck accident cases aggressively, working hard to make sure you collect as little as possible.

If you or someone you love has been in an accident with a delivery van, semi-truck, or any other kind of commercial vehicle, you may be wondering what an average truck accident settlement looks like. This article will delve into the intricacies of commercial vehicle accident settlements in the region, examining the contributing factors, damages calculation, and the challenges involved in pursuing a claim.

What is an Average Settlement for a Commercial Vehicle Accident in Northern Virginia?

The truth is that there is no one-size-fits-all answer when it comes to the commercial vehicle and truck accident settlement amounts in Northern Virginia. Each case is unique.

Case in point: Settlements in commercial vehicle accident cases in Northern Virginia can range from a few thousand dollars to several million dollars. So you can understand why, without knowing the specifics of your situation, it’s impossible to provide a meaningful “average” in a simple blog post!

The key to maximizing your settlement is to understand the variables that influence the outcome of your case.

SEE ALSO: Fairfax County Verdict for $866,000 following Trucking Accident (benglasslaw.com)

3 Key Factors to Consider When Determining the Value of a Commercial Truck Accident Claim

1. Liability

One of the most critical factors in a commercial vehicle accident case is determining liability. Was the commercial vehicle driver clearly at fault, or were there contributing factors from other parties involved? For example, in a semi-truck accident, potentially liable parties could include the truck driver, the trucking company, a maintenance technician who worked on the tractor-trailer, a cargo loader, and others.

In Northern Virginia, the “all or nothing” nature of contributory negligence laws can also significantly impact the outcome of a case. In simple terms, contributory negligence means that if you are even 1% at fault for a crash, you can’t get any compensation.

This strict standard allows deep-pocketed insurance companies to outright deny legitimate claims, or make lowball offers to see if they can settle their truck accident case without litigation.

2. Severity of Injuries

Generally speaking, more severe injuries lead to higher average settlement amounts. We’ll break this down in more detail below, where we talk about how settlements are calculated. But the main point is that a personal injury claim is intended to make injury victims “whole.” If you’ve been badly hurt in a crash, you’re likely facing not only serious medical bills and other financial costs, but also dealing with a lot of pain, trauma, and even permanent changes to your lifestyle.

3. Insurance Coverage

The insurance coverage held by the commercial vehicle company and your own insurance policies can affect the available compensation. Each insurance policy comes with a maximum limit that it will pay out. If your damages exceed the total amount of insurance coverage available, it may be difficult or impossible to actually collect more than the available policy limits.

This is another reason why it’s so important to work with an attorney who can identify all the liable parties and all the available insurance policies that apply to your situation. Commercial trucking accident cases often have involved multiple liable parties (and serious injuries). If you don’t file lawsuits against all the relevant insurance companies, you could be leaving a lot of money on the table.

WEBINAR: How Much is My Personal Injury Claim Worth? Discover How Insurance Companies Evaluate Personal Injury Claims – BenGlassLaw

Calculating Damages and Settlement Amounts in a Commercial Vehicle Case

Calculating damages and settlement amounts in a commercial vehicle accident case can be a complex process. It involves gathering evidence, evaluating medical records, consulting with experts, and considering the factors mentioned above. Here’s a breakdown of what goes into this calculation:

Economic Damages

Economic damages, also known as special or compensatory damages, are a significant component of car accident cases in Virginia. These damages are meant to compensate the injured party for financial losses and expenses incurred as a result of the accident. Economic damages in Virginia car accident cases typically include the following categories:

  • Medical expenses: This category includes all reasonable and necessary medical costs associated with treating injuries sustained in the accident. This can encompass hospital bills, doctor’s visits, surgery, prescription medications, physical therapy, and any other related medical treatments or supplies.
  • Property damage: Economic damages also cover the cost of repairing or replacing the damaged vehicle or any other property that was affected in the accident. This includes vehicle repairs, rental car expenses, and the replacement value of any personal property that was damaged.
  • Lost wages: If the accident results in the injured party being unable to work, they may be entitled to compensation for lost wages. This can include both the income lost during the recovery period and any future income that would have been earned if the accident had not occurred. Proving lost wages often requires documentation from employers, such as pay stubs and statements from medical professionals regarding the inability to work.
  • Future earnings: In cases of serious or long-term injuries, a person may be entitled to compensation for the loss of future earning capacity. This involves estimating the potential income the injured person would have earned if not for the accident and injury.
  • Additional Out-of-Pocket Expenses: Economic damages can also cover other financial losses, such as transportation expenses to medical appointments, home modification costs related to a disability resulting from the accident, and any other verifiable expenses directly related to the accident and injury.

It’s essential to keep detailed records and documentation of all economic losses incurred as a result of a car accident. This documentation will be crucial when negotiating with insurance companies or presenting your case in court.

In Virginia, there is no cap on economic damages in car accident cases. This means that the amount you can recover for these specific losses is not limited by law, as long as they are well-documented and proven to be a direct result of the accident.

Non-Economic Damages

Non-economic damages, also known as general damages, are another category of compensation that can be awarded in Virginia car accident cases.

Unlike economic damages, which cover tangible and calculable losses such as medical expenses and lost wages, non-economic damages are meant to compensate for less quantifiable losses that a victim may experience due to the accident. These non-economic damages typically include:

  • Pain and suffering: This category encompasses the physical pain and emotional suffering endured by the injured party as a result of the accident. This can include both immediate pain and suffering experienced after the accident and any long-term or chronic pain or emotional distress resulting from the injuries.
  • Emotional distress: Emotional distress can include symptoms such as anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological or emotional reactions triggered by the accident and its aftermath.
  • Loss of enjoyment of life: This damage accounts for the impact the accident has on the injured person’s ability to enjoy life as they did before the incident. It might include the loss of hobbies, activities, and interests that the person can no longer pursue due to their injuries.
  • Scarring and disfigurement: If the accident results in permanent scarring or disfigurement, the injured party may be entitled to non-economic damages to compensate for the psychological and emotional impact of these physical changes.

Calculating non-economic damages can be challenging because they involve subjective assessments of the pain and suffering endured by the victim. Insurance companies and courts often use various methods to evaluate and quantify these losses, including medical records, expert testimony, and the circumstances of the accident.

Punitive Damages

Punitive damages, also known as exemplary damages, are different from compensatory damages, which are intended to compensate the injured party for their losses. In certain circumstances they can be awarded as a way to punish the at-fault party for their intentional or reckless behavior and to deter them from engaging in similar conduct in the future.

Virginia law, however, places strict limitations on when punitive damages can be awarded in a commercial truck accident case:

  • Gross negligence or willful misconduct: To be eligible for punitive damages, the plaintiff must demonstrate that the at-fault party’s conduct was not merely negligent but involved gross negligence or willful misconduct. Gross negligence is a higher degree of negligence, typically defined as a reckless disregard for the safety of others.
  • Clear and convincing evidence: Punitive damages in Virginia require clear and convincing evidence of gross negligence or willful misconduct. This is a higher standard of proof than the “preponderance of the evidence” standard used for compensatory damages.
  • Damage caps: Virginia law places a cap on punitive damages, limiting the amount that can be awarded to $350,000. This cap can be increased to $2.5 million if it can be proven that the defendant’s conduct was motivated by specific types of malice or if the defendant was convicted of a felony arising from the same act.
  • Special jury determination: The issue of punitive damages is typically determined by a separate jury trial phase, following the initial determination of liability and compensatory damages. This phase requires the jury to consider whether punitive damages are warranted and, if so, the amount.

As you might have guessed, punitive damages are fairly rare in Virginia truck accident settlements due to the high burden of proof and the limitations on the amount that can be awarded.

7 Quick Tips when Dealing with an Accident with a Commercial Vehicle:

  1. Seek medical attention: Get a medical evaluation as soon as possible after any truck accident. Even if you don’t believe you are seriously injured, it’s essential to seek a medical evaluation. Some injuries may not be immediately apparent but could become more severe over time.
  2. Keep good records: Maintain records of all medical appointments, treatments, and expenses related to your injuries. Consider journaling about your symptoms and experiences. This is all crucial evidence that can help you argue for higher compensation.
  3. Contact the insurance company: Report the accident to your insurance company as soon as possible. Be truthful and accurate when providing information. If you wait too long to notify the insurer, they will likely argue that your injuries aren’t that bad, or weren’t connected to the accident, or that you did not provide them with enough time to make a complete investigation.
  4. Be cautious with statements: Refrain from admitting fault or making statements that could be used against you later. Stick to the facts when speaking with law enforcement, the commercial vehicle driver, or insurance representatives.
  5. Understand your coverage: Review your insurance policy to understand the coverage you have for accidents involving commercial vehicles.
  6. Contact a truck accident attorney: Did you know that some trucking companies have been known to hide or destroy evidence that proves their driver was at fault? Or that they can legally purge certain records after a limited time? If you’ve been injured or the accident involves significant damages, consult with a personal injury attorney experienced in commercial truck accidents. They can help protect your rights and guide you through the legal process.
  7. Be patient: Dealing with accidents involving commercial vehicles can take time, especially when navigating insurance claims or legal proceedings. Patience is crucial during this period. It may be tempting to take the first settlement offer that comes your way, but a fair settlement is almost always preferable to a quick one. Good truck accident attorneys will help their clients deal with bills and expenses while they wait for their case to conclude.

Commercial Vehicle Companies Fight Claims Aggressively. BenGlassLaw Can Help.

Commercial vehicle companies have substantial resources and legal teams at their disposal. They will fight claims aggressively to minimize their liability and reduce settlement amounts. This can involve tactics such as disputing liability, downplaying injuries, and offering lowball settlements.

To level the playing field, it’s crucial for accident victims in Northern Virginia to seek experienced legal representation. A personal injury lawyer with expertise in commercial vehicle accident cases can navigate the complexities of these claims and ensure that your rights are protected. 

At BenGlassLaw, we help crash victims tell their stories to skeptical insurance companies. We work hard to recover all the evidence, identify all applicable sources of insurance coverage, and negotiate aggressively (or go to trial, if necessary) to get our clients the fair compensation they deserve. If you’ve been involved in a commercial vehicle accident, contact us today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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Ben Glass

Owner and Attorney