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.

FREE CONSULTATION

No Fees Unless We Win







    How Failed Motorcycle Inspections Can Impact Your Accident Case

    According to the Insurance Institute for Highway Safety, Virginia is home to nearly 200,000 registered motorcycles. If you own one, you’ll need to arrange to have an annual motorcycle inspection performed to help avoid liability in case of a potential motorcycle...

    How Long After a Car Accident Can Injuries Appear?

    In the immediate aftermath of a car accident, you might feel fine and not think you sustained any significant injuries. You might even refuse medical treatment on the scene of a car crash because you don’t sense anything is wrong. But you might be surprised to...

    How To Secure a Police Report for a Car Accident: A Complete Guide

    The first thing you should do after being involved in a car accident is call 911. A 911 operator can send police out to the accident scene to investigate your crash and create a police report. From there, it’s up to you to figure out how to secure a police...

    How Virginia Dashcam Laws Affect Your Rights as a Motorist

    Nowadays, more and more people are using dashcams while driving. They rely on these as a form of objective proof in case of an auto accident. However, whether this works or not all depends on Virginia dashcam laws.  So, how do these laws impact dashcam usage? Are...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald