How Is Fault Determined in a Car Accident in Virginia? 2024

 Posted on August 23, 2024 in Truck Accidents

If you have recently been injured in a car accident, you may wonder whether you can recover compensation for your damages from the other driver. Proving fault will be a necessary step in your recovery process, but how is fault determined in a car accident in Virginia? Many types of evidence can come into play, and it will be important for you to connect with an attorney you trust to help you build a comprehensive case against another driver.

How Is Fault Determined in a Car Accident?

The majority of car accidents reported throughout the state each year happen because of driver negligence. The term negligence applies to any failure to use reasonable care and caution in a given situation, or the term can apply to a failure to uphold a specific duty of care. For example, every driver has a duty of care to abide by posted speed limits, so speeding would be a breach of this duty of care.

It is also possible for a car accident to happen because of illegal and intentional misconduct, such as driving while under the influence of drugs or alcohol. Under state car accident law, the driver at fault for causing an accident absorbs liability for the resulting damages, and it is possible for them to absorb liability due to an act of negligence or by breaking the law. The fault is determined by careful assessment of various forms of evidence.

If you have been injured in a car accident and you believe another driver is to blame, you must work quickly to gather as much evidence as you can to prove the truth of the matter. If you are found liable for the accident, you will not be able to claim compensation from any other party, so working quickly to gather evidence to support your case will be essential to your recovery efforts.

Building Your Car Accident Case

The first steps you take immediately following a car accident can be crucial to your recovery. If you are physically able to do so, call 911 to report the accident, and while you wait for first responders, take photos of your injuries and the damage to your vehicle. You should try to take as many photos of the accident scene as possible in case any questions arise as to exactly how the accident happened.

Once you receive medical attention, you should consult a car accident lawyer in Virginia before pursuing an auto insurance claim. If you attempt to negotiate with an insurance carrier on your own, they will likely attempt to take advantage of you, hoping you accept the first lowball settlement they offer. They may also try to use your own words against you in whatever way they can, looking for justification to deny your claim. Having an attorney will reduce the risk of encountering this.

If you are able to prove liability for your accident, you can hold the at-fault driver accountable for the full extent of the damages they inflicted. These may include vehicle repair costs, medical bills, lost income, and compensation for your pain and suffering. Working with a seasoned car accident attorney is the optimal way to maximize your recovery.

FAQs

Q: Is Virginia a No-Fault State for Auto Accidents?

A: No, it is not a no-fault state for auto accidents. In a no-fault state, a driver’s own insurance covers their damages after an accident regardless of fault, and they may only sue another driver under specific circumstances. Virginia is a fault state, meaning the at-fault driver is liable for the damages they caused, and their insurance will pay these damages to the injured driver. Proving fault is a necessary first step in any auto accident case.

Q: How Do You Prove Fault for a Car Accident?

A: You can prove fault for a car accident using several types of evidence, such as the police report from the accident, photos of the scene of the crash, testimony from witnesses who saw the accident happen, traffic camera video footage, and much more. The average person may not be able to secure this evidence on their own, so it is important for them to secure trustworthy legal counsel, so they have the greatest chance of success in proving fault.

Q: What Happens if I Share Fault for My Recent Accident?

A: If you share fault for your recent accident, you will not be able to claim compensation from any other liable party. Virginia enforces a strict contributory negligence rule, meaning if a plaintiff bears any partial liability for causing their damages, they cannot claim compensation from a defendant, even if their shared fault is slight. If the defendant in your case asserts contributory negligence, your attorney can help you disprove their allegation.

Q: Do I Need a Lawyer to File an Auto Insurance Claim?

A: You need a lawyer to file an auto insurance claim in the state if you want to have the greatest chance of success with the claim. The right attorney can not only help you file your claim on time and correctly but also assist you in resolving any problems you encounter with the insurance carrier. Most insurance carrier representatives will do everything they can to settle a claim for as little as possible and may attempt to take advantage of a claimant without a lawyer.

Q: What Should I Do First After a Car Accident?

A: The first thing you should do after a car accident is call 911 to report the accident if you are able to do so safely. This will call first responders to the scene as quickly as possible and will generate a police report for the accident. This police report will be one of the most important pieces of evidence you will need to file an auto insurance claim, and state law requires drivers to report any accident resulting in property damage, injury, or death.

Whitlock Law, LLC, can provide comprehensive legal support for your car accident case, helping you prove fault for the accident and recover as much compensation as possible for your damages. We have years of experience helping injured clients recover from all types of accidents and will put this experience to work for you. Contact us today and schedule a free consultation with our team to learn how we can assist you with your car accident case.