Most people drive on a regular basis – some up to two times per day or more. While driving is a commonplace activity, and one that is relatively safe when done responsibly, driving can also be dangerous. In fact, car accidents lead to dozens of deaths and hundreds of injuries each year in Virginia. If you are in a car accident, you may have questions about the claims process and your rights, especially if your injuries are serious. For the legal support and guidance that you need, please call our Virginia car accident firm directly or send us a message online.
Types of Car Accident Cases We Take On
Our lawyers have years of experience working on car accident claims in Virginia, and have been advocates for victims of a wide range of car accident types. If you have been involved in any of the following, you can count on our lawyers to fight for your rights–
- Rear-end collision;
- Single-vehicle accidents;
- Head-on crash;
- Side-swipe accident;
- Large or commercial vehicle crash;
- T-bone accident; or
- Multi-vehicle crash.
We also work on high-speed collisions, drunk driving accident claims, and distracted driving car accident claims. Have you been in a car accident type that you don’t see listed above? Just call our law firm directly for guidance.
Virginia Fault Laws and Liability for a Crash
The state of Virginia requires all of its drivers to carry liability insurance to pay for injuries sustained to others in a crash that is caused by the policyholder. Insurance requirements include:
- $25,000 in bodily injury liability coverage per person;
- $50,000 in bodily injury liability coverage per accident; and
- $20,000 in property damage liability coverage per accident.
In addition, drivers also have the option of carrying Personal Injury Protection (PIP)/MedPay coverage that pays for medical expenses related to an injury sustained in an accident regardless of fault.
In order to file a claim against another driver’s liability coverage, you will need to prove that the driver against whom you’re filing a claim was responsible for the accident. In order to establish this, you’ll need to prove that the driver committed an act of negligence–something outside of what a person of ordinary prudence would do in the same situation–or negligence per se–a breach of statute or law. Examples of negligence and negligence per se include speeding, driving too fast for conditions, driving while distracted, drinking while driving, performing illegal maneuvers, etc.
Note that Virginia maintains a strict contributory negligence rule. In most other states, you can still recover compensation even if you contributed to the accident in some way, but your damages will be reduced in proportion to your degree of fault. In Virginia, this is not the case; any degree of negligence of the plaintiff, even one percent, serves as a bar to recovery. This is one of the most important reasons to work with an attorney.
Damages and the Statute of Limitations
Our lawyers can advocate for your right to your full damages amount, including compensation for the full value of property damage costs you’ve incurred, pain and suffering, medical expenses, lost wages, and any other economic or non economic losses you’ve suffered. However, in order to have a viable claim, you must bring forth your case within the statute of limitations, which is two years in our state. If you wait longer than two years from the date of your accident to file a civil action, you will be barred from recovery. In all instances, it is best to start the claims process as early as possible to ensure that your right to recovery is preserved.
What to Do After a Crash
You may be shocked and shaken up after a crash. While this is normal, there are a few things that you must do to protect your right to recovery. These include:
- Get medical care as early as possible and keep a record of all care received and medical bills;
- Report your accident and request a copy of the police report;
- Call your insurance company to report the accident within 24 hours;
- Exchange information with the other driver;
- Gather as much evidence at the scene of the accident as you can, including photographs of vehicles, your injuries, and any other evidence, such as skid marks; and
- Call a Virginia car accident attorney as soon as possible who can aid you in filing your claim.
Call Our Virginia Car Accident Lawyers Today
If you are harmed in a crash, you can count on our Virginia car accident lawyers to advocate for you. Call our law firm directly today or send us a message for your free consultation and the legal assistance you need.