Is There a Cap on Damages in Virginia Truck Accident Cases?

Nov 24, 2023 | Blog

Virginia Truck Accident Cases

The impact of a truck accident lasts long after you leave the scene. If your car collided with a truck, you likely suffered life-altering injuries. These injuries may impact your ability to work and live as you once did. Similarly, if you lost a loved one to an accident, there is no expiration date for your grief. 

When the truck company’s insurance doesn’t offer an adequate settlement, you may seek damages through a personal injury claim with the help of a Virginia truck accident attorney. You might wonder how much you can collect from those damages and whether there is a cap on how much you can pursue. 

What Was the Cause of Your Truck Accident?

Discovering the cause of your accident will determine what type of damages you can pursue, which will establish whether you’re subject to a cap on damages. 

There is a seemingly endless list of reasons truck accidents occur. One of the most common causes is negligence. This might include:

  • The truck driver driving recklessly or while distracted
  • The truck company failing to perform proper maintenance 
  • The truck company failing to offer proper training for its drivers 
  • Manufacturers making a defective product 
  • Cargo companies loading the truck improperly

Additionally, road conditions and other drivers can cause truck accidents. You can still pursue damages if you are partially at fault for the accident. However, your damages will face a reduction based on your percentage of fault.

Who Is Liable for a Truck Accident?

Once you know the cause of your accident, you can determine the liable party. If the truck driver was driving recklessly or failed to adhere to hours-of-service regulations, they are liable for the accident. 

On the other hand, if the accident was out of the truck drivers’ control, liability may fall on the truck company or manufacturer. For example, if the truck company doesn’t complete the truck’s routine inspection, and a part fails while the driver is on the road, they are liable for the accident that follows. Similarly, if that part was never functional in the first place, the manufacturer is liable for the accident. 

Multiple parties may be liable, including yourself. Contact a Virginia truck accident attorney to discuss your case’s specifics. 

Caps on Damages in Virginia

The cap on your damages will depend on the type you pursue. You can seek three types of damages as a truck accident victim.

Economic Damages

Economic damages refer to compensation for tangible financial losses. These include:

  • Medical expenses
  • Lost wages
  • Property damage 
  • Costs for services you can no longer do yourself (cleaning, cooking, etc.)

There is no cap on economic damages. The amount of economic damages you can seek varies from case to case. 

Non-Economic Damages

Non-economic damages are intangible losses, making them more difficult to calculate. Your suffering extends far past your bank account. Non-economic damages compensate you for:

  • Pain and suffering
  • Wrongful death
  • Disfigurement
  • Loss of enjoyment of life

There is no cap on non-economic damages in Virginia.

Punitive Damages

You can seek punitive damages if gross negligence or an intentional tort caused your accident. The court reserves such damages for severe cases. Since these damages punish the guilty party rather than compensate you for loss, there is a cap.

The cap on punitive damages is $350,000 according to Virginia law.

Seeking Compensation for a Truck Accident? Contact Experienced Truck Accident Attorneys

When seeking compensation for a truck accident, you may benefit by bringing in an experienced Virginia truck accident attorney. With 20 years of experience, Geoff McDonald & Associates, P.C., is ready to take on your case. 

Contact us at 804-944-8439 for a free consultation today.

Geoff McDonald and Associates: 804-888-8888.


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