What Is the Average Semi-Truck Accident Settlement in Virginia?

Truck accident cases are too complex and unique for an average settlement figure to be accurate. Multiple factors contribute to how much money someone can recover, such as the extent of your injuries and the parties at fault. That makes predicting an exact number impossible.

However, a skilled Virginia truck accident lawyer from Lichtenstein Law Group, PLC can review your case, help you determine the value of your losses, and demand maximum compensation for your injuries.

What Are Some Common Causes of Cave Spring Truck Accidents?

Some of the most common causes of truck accidents in Cave Spring include the following:

• Not checking blind spots
• Tailgating
• Speeding
• Taking turns too fast
• Sudden or improper braking
• Driving under the influence
• Ignoring traffic signs and signals
• Distracted driving

Why Are Truck Accidents More Catastrophic?

Semi-trucks can weigh up to 80,000 pounds – about 20 times the weight of an average passenger vehicle. That’s more than enough to do serious damage to the smaller vehicle should the two collide. Since trucks sit high off the ground, smaller vehicles can also slide beneath the trailer and become trapped there.

Large trucks are susceptible to rolling over during collisions due to their high centers of gravity, as well. A sudden change in balance caused by a sharp turn or hopped curb can make the vehicle topple over, landing on nearby cars and causing debilitating injuries to their occupants.

Jackknifing is a danger specific to vehicles like semis. A truck jackknifes when the tractor loses traction and travels in a different direction and speed than the trailer. It can occur during icy or snowy conditions or if the trucker suddenly swerves. The change in momentum can swing the trailer towards the cab, taking cars in its path along for the ride.

What Are Some Injuries That Result from a Cave Spring Truck Accident?

The size and weight of a semi-truck can cause significant destruction, life-threatening injuries, and fatalities. The most common injuries in truck accidents include:

• Whiplash
• Paralysis
• Internal bleeding
• Broken bones
• Traumatic brain injury (TBI)
• Deep lacerations
• Loss of limb
• Burn injuries
• Significant disfigurement or scarring
• Permanent disability
• Crush injuries
• Spinal cord injuries

What If the Truck Accident Causes a Death?

If a truck accident proves fatal, the personal representative of the victim’s estate can pursue a wrongful death case against the liable parties. Although the personal representative is the only person allowed to file the lawsuit, the compensation they recover is for the benefit of the victim’s survivors.

Are There Regulations That Trucking Companies and Drivers Must Follow?

The Federal Motor Carrier Safety Administration (FMCSA) imposes numerous regulations on the interstate trucking industry. The hours of service (HOS) regulation is a critical law to protect the safety and health of truck drivers and others on the road. It limits the number of hours truckers can drive and requires breaks.

Other essential federal regulations state that drivers must:

• Obtain and carry a valid commercial driver’s license (CDL)
• Inspect, maintain, and repair the truck, including the accessories and parts
• Refrain from consuming or being under the influence of alcohol within four hours of operating a commercial motor vehicle (CMV), while on duty, or while operating a CMV
• Use the proper securement systems to keep cargo in place
• Maintain a record of duty status with relevant driver activity for every 24 hours
• Complete the required training to operate a CMV

In addition to these federal regulations, the Commonwealth of Virginia regulates commercial vehicles that operate within the state.

Who Can Be Held Liable for a Cave Spring Truck Accident?

Multiple parties can be liable for a truck accident. The truck driver is just one of many people required to comply with federal and state laws to avoid collisions.

Some of the parties who might be responsible for your injuries include the following:

• Truck driver – Truck drivers are most directly responsible for the safe operation of their vehicles. They commonly cause accidents by engaging in careless behavior, such as texting while driving, tailgating, speeding, or running red lights.
• Trucking company – The trucking company is as responsible as a trucker for ensuring every road user’s safety. They must perform thorough background checks on prospective drivers to confirm licensing, experience, and qualifications. They must also monitor their drivers and maintain vehicles in their fleet. If the driver is their direct employee, the carrier is liable for any accident the driver causes in the scope of their employment.
• Truck owner – Trucking companies often use vehicles owned by other companies. These owners can face liability if their failure to maintain the truck contributes to an accident.
• Freight company – Freight companies can be liable for a truck accident by loading cargo beyond the weight or size limit. It places extra pressure on the tires, potentially leading to a tire blowout. Unsecured cargo can shift, throwing the entire truck off balance.
• Mechanic – A mechanic’s job is to maintain a semi-truck to ensure everything runs correctly. If they don’t perform routine maintenance or replace a worn-out or damaged part, the truck can malfunction, causing the driver to lose control and crash.
• Manufacturer – Manufacturers produce semi-trucks and components that truck drivers and trucking companies depend on to operate correctly. A defective part can cause a system failure, resulting in a collision for which the manufacturer is liable.

What Compensation Is Available for a Truck Accident Injury Claim?

The compensation you recover in an injury claim will depend on the circumstances. Settlements and jury verdicts can compensate for losses such as:

• Emergency room visits, surgeries, rehab, and other medical expenses
• Out-of-pocket costs
• Lost wages
• Lost earning capacity
• Pain and suffering
• Loss of enjoyment or quality of life
• Emotional distress
• Property damage

What Is the Statute of Limitations for Filing a Truck Accident Claim?

The statute of limitations allows a two-year time frame to file a lawsuit after a truck accident. That means you must begin your lawsuit against the trucker, trucking company, or another liable party within two years of the crash date.

Contact a Cave Spring Truck Accident Lawyer

Lichtenstein Law Group, PLC can help you hold the negligent party accountable for the harm they caused. With our nearly 100 years of combined legal experience, we know how to protect your rights and fight for the compensation owed to you.

If you sustained injuries in a semi-truck accident due to someone else’s negligence, call or contact us online for a free consultation with a Cave Spring truck accident lawyer.