Accident on I-95 Causes Injuries to At Least One Person in Virginia
CBS 6 reported on May 30, that an accident between a box truck and a minivan caused injuries to at least one person. The accident happened on I-95 near the Downtown Express and I-64 in Richmond. The box truck driver appears to have been at fault. His box truck veered off the main road and struck a wall. The accident happened around a quarter to 4pm on a Friday.
If the driver of the minivan (SUV) was the person hurt, then they would have a direct claim against the driver of the box truck. The box truck owner should have a minimum of $25,000 in bodily injury insurance and $20,000 in property damage insurance; however, if it was a commercial vehicle it will likely carry far more coverage, likely in excess of $1 million. If there was, in fact, only the minimum liability coverage on the box truck of $25,000.00, then the injured party in the minivan could potentially recover additional compensation through his or her uninsured/underinsured insurance on the minivan, assuming the underinsured coverage was more than $25,000.00.
As long as fault can be proven and the minivan driver was the one who was hurt, he or she would then make a claim against the driver of the box truck. If a settlement cannot be reached, then a lawsuit would be filed against the box truck driver. In addition, if the box truck driver was on the job at the time of the accident, his or her employer would be named as a defendant as well under a special doctrine that holds employers liable for the negligent acts of their employees while on the job.
Depending on the size of the award and whether the box truck driver had insurance, the minivan driver would collect from the other driver’s insurance company for the medical bills, lost wages, pain and suffering, and the cost to repair or replace the minivan. Again, if there was low coverage or no coverage on the box truck, there might be additional coverage that would be paid from the minivan driver’s uninsured/underinsured motorist policy.
If it can be shown that the box truck driver was driving with reckless disregard for the safety of others and/or was intoxicated, then a punitive damage award might also be allowed.
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