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Virginia Car Accident Attorney
After a car accident in Virginia, the state’s financial responsibility laws take over. This means that the at-fault driver generally pays for the medical bills of the victim. Many people take financial responsibility ahead of time by paying for auto insurance from a company in their state. This ensures that the person responsible for the wreck pays for the damages. However, things become complicated if the at-fault driver’s insurance company refuses to pay. If you find yourself in this situation, we recommend speaking with a Virginia car accident attorney as soon as possible.
At the Manassas Law Group, we provide qualified representation for our clients in their cases. We understand that the weeks following a car accident are stressful and unpredictable. That’s why we pair each client with the right Virginia personal injury lawyer for their case. You deserve compensation for the accident you didn’t cause. That’s exactly what we’re here to fight for.
To arrange a consultation with a Virginia Car Accident Attorney at Manassas Law Group, please call our office at 703-361-8246 today.
Car Accident Liability
Virginia is a tort state, which means that vehicle accident claims are not limited by no-fault legislation, as they may be in other states. If a motorist injures another driver, passengers, pedestrians, or bicyclists, the wounded may be entitled to compensation and may seek it via the courts, especially if the other driver committed a mistake such as failing to yield. Those injured in a Virginia automobile accident can file a personal injury claim in court for damages arising from the incident by consulting with an expert Virginia car accident attorney.
Accidents involving motor vehicles can result in a wide range of consequences, including financial losses. The wounded may be required to miss work while healing from the injury, or they may be required to enter a rehabilitation facility. They may have many doctor appointments, surgeries, prescriptions, and tests, all of which will cost them a lot of money. If the damage is severe, they may need care for the rest of their life and compensation to cover the cost of this high degree of care. A traumatic brain injury, or TBI, is one type of damage that can occur in a head-on accident or a rear-end collision.
How to Prove Fault in a Car Wreck
The legal notion of negligence permits someone to be held financially liable for harm they cause to another person, even though their actions were done without malice or intent. As a result, in most successful vehicle accident cases, a determination of legal negligence by the defendant listed in a lawsuit or settlement demand plays a major role.
In a nutshell, a motorist in Virginia may be considered negligent if they act recklessly or carelessly and cause another person to be injured. Depending on the conditions leading up to an automobile accident, negligence can take many various forms, ranging from explicitly unlawful activities like speeding to merely reckless driving in Virginia. As a result, several types of evidence may be required to establish carelessness and so hold someone else responsible for the injuries and damages incurred in an auto accident.
Finding out if a particular party pled guilty to a ticket in a crash may be enough to hold them responsible for the subsequent event in some instances. In other cases, a Virginia car accident lawyer may be able to assist in the gathering of additional documentary, forensic, and testimonial evidence of negligence, such as surveillance camera footage, photos from the accident scene, and testimony from both eyewitnesses and accident reconstruction experts.
Wrongful Death Car Accident
If someone dies because of the accident, the deceased’s family members may file a wrongful death lawsuit against the at-fault driver for the death of their loved one and the loss of their major income earner. Medical costs, emergency responder charges, reasonable burial expenses, pain and suffering, and economic damages like the loss of future expected earnings are all possible damages in a wrongful death lawsuit stemming from a motor vehicle accident.
How to File a Property Damage Claim After a Car Accident?
Virginia residents who have had their property destroyed in a vehicle accident can submit a claim for compensation. Virginia drivers must either obtain property damage liability coverage to cover third-party repair expenses for all damaged property or pay into the Virginia Department of Motor Vehicles’ Uninsured Motorists Fund (DMV). Those who have property harmed might file a lawsuit against the at-fault driver’s vehicle insurance company if the costs are being challenged. Examples of damaged property include the vehicle, personal property inside the car, or other damaged items.
Do I Need a Virginia Car Accident Attorney for My Claim?
People who have been in a car accident are often hesitant to speak with an attorney for a variety of reasons. They may be unsure of what a lawyer can do for their case, unsure of the sorts of questions to ask, or concerned about the cost of legal services. People who have been injured or had property destroyed as a consequence of a vehicle accident should not wait to call a lawyer until they hear from the at-fault driver’s insurance company; they should do so as soon as possible after the event.
Getting legal advice early on can help ensure that they get everything correct in case they need to file a lawsuit against the at-fault motorist and the insurance company. A competent Manassas personal injury attorney will be able to advise an accident victim if legal counsel is not required for their case, while also giving direction and peace of mind at a potentially difficult time.
What to Do After a Virginia Car Accident
Before any civil lawsuit can commence, automobile accident victims must follow a few procedural steps in order to prevent being charged with hit and run. Before filing a vehicle accident case or making a settlement demand, anybody who is unclear if they have met these conditions should consult with their Virginia lawyer.
Under §46.2-894 of the Code of Virginia, those involved in an auto accident must stop their vehicle after moving out of the flow of traffic. This applies whether the accident resulted in property damage, injury, or death. They must also provide assistance to all who need it. The Code requires that they give their name, address, registration number, and license number to those involved, as well as the police.
If someone sustains an injury and cannot complete the above tasks at the scene, they must do so afterward. As soon as they can, they must file an accident report and make a good effort to locate the other parties involved. If they find the others, they must then exchange information. A breach of these requirements is a Class 5 felony. Therefore, it is crucial that you follow these requirements, or you lose your right to compensation.
What Should I Do After a Car Accident?
People who have been in a vehicle accident should help their Virginia car accident attorneys by obtaining evidence that may be used to establish their cases in court if it becomes necessary. After a vehicle collision, the first thing victims should do is document all of the damages, after getting adequate medical attention for the accident. Take photographs of the site, obtain the names and contact information of any witnesses, and obtain all medical documents connected to the accident’s injuries.
It’s not always feasible to predict the severity of an accident’s injuries right after it happens. This makes it critical to visit a doctor as soon as possible and get your injuries recorded. Some injuries caused in automobile accidents might not show up straight away and may occur days later, or worsen. Medical documentation of the injuries and any subsequent pain and suffering will be critical for the Virginia car accident lawyers.
Attorneys will also interview witnesses who were at the scene of the accident. Ideally, they will want eyewitness accounts that you gathered right after the accident occurred. After that, if they believe that you have a good case for a lawsuit, they will interview those witnesses personally.
What Is Contributory Negligence?
Unfortunately, due to the way state courts handle comparative negligence, civil recovery after a vehicle accident in Virginia can be a lot more difficult than it is in other states. More often than not, if a judge deems a personal injury plaintiff partially at fault for the accident that harmed them, the court can decrease their ultimate damages judgment proportionally.
In Virginia, however, a plaintiff who is even one percent to blame for their own injuries is unable to get any compensation. As a result, hiring an experienced lawyer to defend you in a Virginia automobile accident lawsuit is critical, as they can assist you in fighting claims of contributory negligence.
Car Accident Statute of Limitations
Car accident victims have a limited period of time to file a lawsuit. A plaintiff has just two years after discovering their injuries—or two years from the date of a tragic death—to bring a lawsuit for damages connected to a personal injury under VA Code 8.01-243. According to the same part of Commonwealth legislation, claims seeking compensation exclusively for property damage have a five-year filing limit from the date of the occurrence in question.
How Compensation Works in Car Accident Claims
When you sustain injuries in a car accident caused by another person’s recklessness, you can file a personal injury claim. Compensation from this claim helps cover medical bills, lost wages, and pain and suffering. But how does the process work exactly?
This procedure entails more than just filing a claim with the irresponsible driver’s vehicle insurance company and obtaining a payment to compensate you for your damages. It can – and frequently does – entail a thorough examination of your accident as well as negotiations between your lawyer and the insurance company. If you are unable to achieve a vehicle accident insurance settlement via negotiation, you may be forced to file a lawsuit and appear in court.
Your claim may be settled quickly, or it may become a protracted, drawn-out procedure requiring significant judicial participation. You can improve your claim’s chances of a fair settlement for you and your family by consulting with an expert Virginia car accident lawyer.
Types of Auto Accidents
Keep in mind that automobile accidents don’t just involve personal vehicles. The term actually encompasses a much wider range of vehicle types. Commercial truck accidents, public transit buses, ATVs, and bicycles all fall under the umbrella. Accidents involving taxis, drivers who flee the scene, and even Metro accidents all count as well. Because there are many factors involved in these cases, we recommend speaking with an attorney experienced in a wide variety of auto accident cases. Below, we list other common areas of accident claims.
- Motorcycle accidents
- Train accidents
- Truck accidents
- Metro accidents
- School bus accidents
- Boating accidents
Contact a Virginia Car Accident Attorney Today
When you hire a Virginia car accident lawyer, you hire an advocate who fights not only for you, but also for justice. With the Manassas Law Group, you can rest assured that we fight for just compensation, for safer roads, and for the Virginia personal injury victims. To arrange a consultation with us, please call 703-361-8246 today.