By
|
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.
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)
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.
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.
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.
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, 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:
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, 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:
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, 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:
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.
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.