A car crash can convert a normal day into a long list of issues. You could have medical expenditures, lost work, car repairs and stress. If another driver caused the wreck, you might expect their insurance to pay your damages. But vehicle accident claims in Virginia can be more complicated than they seem. Fault is really important. So does your own behavior before the crash. Virginia has a contributory negligence system Under this law, a person who through his own negligence helps create an accident may be banned from obtaining damages. Virginia courts have a provision called contributory negligence that might bar a plaintiff from recovering if the plaintiff was likewise negligent. That is why the specifics of your Richmond vehicle accident are so critical.
What Fault Means When You Have a Car Crash
Fault is legal responsibility for the accident and the harm caused. A typical crash may involve one driver who was at fault – perhaps for speeding, running a red light, following too closely or making an unsafe turn. Other cases are more complex. Both drivers could have committed mistakes prior to the crash. Police reports, photographs, witness statements, traffic signals, damage to the car, medical records and other evidence can help prove what happened. The basic question is simple: who was negligent and did that negligence cause the crash? That question can influence the whole injury claim.
Virginia’s Severe Contributory Negligence Doctrine
Here’s the thing that surprises many wounded drivers: Virginia does not have the comparative fault system that is common in most other states. Instead, contributory negligence will prevent reimbursement entirely if the injured party was negligent and that carelessness was a factor in causing the harm. The Virginia appellate cases have held that contributory negligence is a total bar to recovery. Let’s look at a simple example. Your car was hit by someone who ran a red light. You get a significant injury to your back. The other driver was obviously at fault. But what if the proof also proves you were speeding at the time. If your speed contributed to the cause of the accident or harm, the other party may use contributory negligence as a defense. This does not mean that any allegation made against you would defeat your claim. And the facts count. The other side must prepare the legal basis for the defense.
Small Details Become Big Problems
Insurance companies will probably scrutinize the cause of a crash. They might look at:
- Your velocity prior to the impact
- Whether you had right of way
- Traffic signs and signals
- Position in lane
- Use of cell phones
- Seat belt wearing
- Weather & road conditions
- Statements after the accident
- Medical treatment following the accident
A fast remark on the scene can cause problems later. You can say, I never saw the other car. That statement could be used against you by the insurer. Therefore, after a catastrophe, it is wise to keep to the facts. Do not guess at fault. Do not argue with the other driver. Don’t make assumptions about your injuries.
Evidence can show what actually happened.
Strong proof might be a great help in a Richmond automobile accident claim. First of all, keep all records of the accident. This can be medical bills, estimates for repairs, wage records, medicines, notes on treatment. Photos might also matter. If it is safe to do so, take photos of the vehicles, the road, traffic signs, lane markings and any visible injuries. Witnesses can also be a source of important information. If the drivers’ memories differ, their account can assist explain what happened. A police report may be another key record of the collision. But it’s not necessarily the last word. An attorney also may analyze video, car data, medical records and other evidence, if such materials exist.
What if both drivers were to blame?
Virginia law gets tough here. Both drivers can be at fault for an accident. Virginia courts have held that an accident may have more than one proximate cause. The plaintiff’s own carelessness may bar recovery in some situations. For example, one driver may change lanes without looking. Another driver is moving too quickly to stop in time. The facts may point to errors by both drivers. The legal investigation next moves to whether the driver was contributorily negligent and if such negligence contributed to the accident or injury. This is why you shouldn’t assume your claim is worthless because you made a mistake. And just because the other motorist made a mistake doesn’t mean you’re immediately entitled to compensation. The story has to be told by the evidence.
Your Injuries Count Too
An injury claim is not simply about fault. You also need to prove the injury done by the crash. Some injuries are readily apparent right away. Others take days or weeks to clear. Common injuries in accidents are:
- Fractured bones
- Neck and back injuries
- Head injuries
- Interior injuries
- Nerve injury
- Injuries to the spinal cord
- Burn wounds
- Pain, chronic
Serious injuries can harm more than just your health. They can stop you from working or change the way you do everyday things. Make a note of these effects. You can use your medical records and other papers to prove the effect the crash has had on your life.
Don’t Wait Too Long to Protect Your Claim
Virginia law normally provides an injured individual with two years to file a personal injury action. The span of time normally begins at the time of injury. That deadline doesn’t mean you need to wait two years before obtaining legal counsel. Evidence can vanish. Witnesses’ memories can fade. Vehicles can be fixed, or sold. Records may be tougher to obtain. Ask for counsel early and you’ll know your options and avoid blunders you could have prevented.
How a Richmond Car Accident Attorney Can Help
A skilled Richmond car accident lawyer can evaluate the facts and explain how Virginia’s fault standards might apply to your claim. Price Benowitz Accident Injury Lawyers, LLP handles personal injury cases involving vehicle, truck, motorcycle, bicycle, bus and pedestrian accidents. The firm also handles catastrophic damage lawsuits like burn and spinal cord cases. A legal team can assist you obtain records, talk to insurance, review the evidence and counter assertions that you were at fault for the collision. It is not intended to make the procedure more complex. It is to find out what happened, what the evidence shows, and what legal options may be available.
What to Do After a Richmond Car Accident
If you get injured in an accident, prioritize your health and safety. Seek medical help if necessary. Call 911. When it is safe to do so, report the crash and collect basic information from the scene. Then put your records in one location. Do not post details of the crash on social media. Don’t provide a recorded statement to an insurance company without knowing what you’re agreeing to. First and foremost, don’t take the first settlement offer as the whole value of your damages. A major vehicle crash might mean more than a ding in your car. It can have an impact on your health, income and family life. Knowing guilt early can help protect your rights under Virginia law .
Frequently Asked Questions (FAQs)
1. What if I’m partially to blame for a Richmond automobile crash?
Under Virginia’s contributory negligence rule, an injured individual can not receive damages if his own fault helped cause the accident. The particular facts are important. What did each driver do? Did that action cause the crash?
2. If the other driver gets a ticket, can I still file a claim?
Yes. A driving ticket does not automatically decide the whole injury claim. Other evidence may include images, witnesses, medical records, car damage and the circumstances of the crash.
3. What proof can help show who is at fault following a car crash?
Useful evidence may include police reports, photographs, witness accounts, traffic camera footage, car damage, medical records and other data related to the crash. What matters is the evidence in each case.
4. How long do I have to file a car accident injury lawsuit in Virginia?
Virginia normally gives you two years to file a personal injury lawsuit. In other cases, various laws and deadlines apply, therefore wounded people should have their case examined as soon as possible.
5. Do I need to talk to a Richmond car accident lawyer before I accept an insurance offer?
If you’ve been injured in a serious accident or if the insurer is denying liability, legal assistance can help you to understand the offer and your rights. A lawyer can analyze the facts, damages and any probable contributory negligence issues before you make a judgment.
Need help following a car accident in Richmond?
Price Benowitz Accident Injury Lawyers, LLP will analyze your circumstances and explain your legal alternatives to you. Call the firm to discuss your accident and injury claim.
