After a truck accident due to someone else’s negligence, you need compensation that will take care of your needs and help you stay on the road to recovery. While every case is different, understanding what affects the average truck accident settlement in Virginia can help you prepare for the legal process ahead.
At Coletrane & Messersmith, our truck accident attorneys have helped many clients recover compensation after serious truck crashes. If you have questions about what factors impact settlement amounts, reach out to our office today.
What Is the Average Truck Accident Settlement in Virginia?
There is no set average for truck accident settlements in Virginia, as each case depends on its unique circumstances. However, settlements can range from the low five figures to several million dollars. Minor injury cases might settle for tens of thousands of dollars, while more severe cases involving permanent injuries or wrongful death can lead to much larger recoveries.
Truck accident claims tend to result in higher settlements than typical car accidents due to the size of commercial trucks, the extent of your injuries, and the fact that commercial vehicles are usually backed by larger insurance policies. With so many different factors to consider, having the right legal team on your side can help you determine the best way to secure compensation for your injuries.
Key Factors That Affect Settlement Amounts
A number of important factors influence the value of a truck accident settlement in Virginia. Understanding how each plays a role can help you better estimate the value of your own claim.
Severity of Injuries
One of the biggest factors in any settlement is the nature and extent of the injuries involved. Severe injuries such as traumatic brain injuries (TBIs), spinal cord damage, or permanent disability often lead to larger settlements due to higher medical costs, long-term treatment, and life-altering effects.
Liability and Fault
Virginia follows a strict contributory negligence rule. This means if you are found even 1% at fault for the crash, you may be barred from recovering any compensation. As a result, proving the truck driver or company was entirely at fault is necessary when attempting to secure a settlement. An experienced personal injury lawyer will take on the insurance companies to ensure you receive the compensation you deserve.
Insurance Coverage
Federal law requires commercial trucks to carry minimum liability coverage, starting at $750,000 for non-hazardous freight and often going much higher depending on the cargo being transported. This high level of insurance coverage helps provide greater compensation to victims compared to typical auto accidents because commercial trucks can cause more severe damage and injuries.
In addition to the mandatory minimums, trucking companies often purchase additional coverage types like cargo insurance, bobtail insurance (covering the truck when not hauling a load), and physical damage coverage for the truck itself. These coverage layers protect both the trucking company and injured parties, increasing the potential recovery available in serious trucking accident claims.
Medical Expenses and Lost Wages
Your financial losses, including medical bills, ongoing treatment costs, lost income, and reduced earning capacity, are used to calculate part of the settlement value. The more economic harm you suffer, the higher the compensation that may be available.
Pain and Suffering
Non-economic damages, such as pain, emotional trauma, and loss of quality of life, also contribute to the total settlement. In many cases, a multiplier is applied to the economic damages to account for pain and suffering.
Location and Jurisdiction
Settlements may vary depending on where the case is filed. Some courts in Virginia are considered more favorable for injury victims, which can influence how insurance companies approach negotiations.
Your personal injury lawyer’s knowledge of local courts, judges, and legal procedures is incredibly important. An experienced Virginia truck accident attorney will evaluate where to file the lawsuit to increase your chances of a fair settlement.
Common Injuries in Truck Accident Claims
Truck accidents tend to involve more serious injuries than standard car accidents. Some of the most common injuries include:
- Head and brain injuries
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Internal bleeding or organ damage
- Burns and lacerations
- Emotional trauma such as post-traumatic stress disorder
These injuries often require long-term treatment and can impact a victim’s ability to work or enjoy daily life, which increases the potential value of a claim. While it is sometimes difficult to determine the level of emotional trauma after an accident, a skilled personal injury lawyer can coordinate with medical professionals to ensure your medical records accurately reflect your injuries.
Insurance Coverage and Federal Regulations
Commercial truck drivers (CDL) and their employers must follow strict regulations from the Federal Motor Carrier Safety Administration (FMCSA). These rules affect how liability is determined and can influence the outcome of a claim.
Examples include:
- Mandatory drug and alcohol testing for drivers
- Limits on how many hours drivers can work per day
- Requirements for regular vehicle inspections and maintenance
- Specific training and licensing requirements for drivers
Violations of these rules can help establish negligence. Virginia law also sets minimum insurance coverage standards for commercial carriers to ensure victims are protected financially in the event of a crash.
How Long Do Truck Accident Cases Take in Virginia?
The time it takes to resolve a truck accident case can range from a few months to several years. Some cases settle quickly if liability is clear and injuries are well-documented. Others may involve extended negotiations or go to trial if there are disputes over fault or damages.
In Virginia, the deadline for filing a personal injury lawsuit is two years from the date of the accident. Failing to act within this time frame may prevent you from recovering any compensation.
While you have the option to file anytime within those two years, it is best to seek out experienced legal help as early as possible. Evidence can disappear, memories can become foggy, and other medical issues can look less severe after all that time.
Why Settlement Amounts Vary Case by Case
No two truck accident cases are exactly alike. Even with similar injuries, different cases may settle for very different amounts. This is due to a variety of factors, including:
- Whether the trucking company or driver has a history of violations
- The availability of evidence such as dash cam or black box data
- The quality of the legal representation
- The insurance company’s willingness to settle
- Whether the case involves multiple parties
This is why it’s important not to rely solely on averages when evaluating your case. A knowledgeable attorney can help you understand your case’s specific value based on all the unique details involved.
When to Contact a Newport News Truck Accident Lawyer
If you or a loved one has been injured in a truck accident, the sooner you speak with an attorney, the better. An experienced truck accident lawyer in Virginia can help gather evidence, deal with the insurance companies, and make sure your rights are protected every step of the way.
At Coletrane & Messersmith, we offer free consultations to truck accident victims. We can assess your claim, explain your legal options, and fight to secure the compensation you deserve. There are no upfront costs, and we only get paid if we win your case.
Contact us today at (757) 223-4455 to schedule your free case evaluation.
