Virginia Car Accident Laws [2024 Updated]

 Posted on July 17,2024 in Truck Accidents

If you drive in the state, it is crucial to understand the Virginia car accident laws that will come into play if you experience an accident due to another driver’s actions. You could face a very difficult series of legal proceedings, and the first steps you take immediately following the accident can significantly impact the outcome of the recovery efforts you attempt. The right attorney can help you make sense of your situation and guide you toward recovery.

Important Virginia Car Accident Laws Every Driver Should Know

Car accidents happen for many reasons throughout the state every day, and all drivers have a responsibility to know the first steps to take after a car accident in Virginia. State law requires drivers to report all accidents to 911 immediately, and drivers should not leave the scene of a crash until first responders arrive and allow them to do so. Leaving the scene of an accident prematurely or failing to report an accident to the police carries severe legal penalties.

If you are physically able to do so safely, you should document as much as you can from the scene of the crash while you wait for first responders to arrive. Take photos of your injuries and the damage to your vehicle, as well as the surrounding area and the positions of the vehicles on the road. Make sure 911 has been called so that anyone who suffered injuries can receive medical attention as quickly as possible.

You should also take down the contact information of all others involved in the accident as well as any witnesses who saw the accident happen. A good attorney can help you obtain their statements later, which could prove invaluable when it comes time to prove fault for the accident and pursue compensation for your damages. State law requires all drivers to have auto insurance, and proof of fault will be essential for collecting an insurance claim payout after your accident.

Every driver in the state must have auto insurance that meets basic coverage requirements for property damage liability and bodily injury liability. When a driver causes an accident, their insurance will pay for any resulting damages. However, insurance companies typically push back against claims for coverage however they can. You can rely on an experienced attorney to guide you through this aspect of your recovery process.

In the event that the at-fault driver does not have insurance or their policy will not fully cover your losses, a personal injury suit may offer the most viable avenue to recovery in your case. The statute of limitations for filing a personal injury case in the state is two years from the date the injury occurred. While this may sound like plenty of time, it’s important to start building your case as quickly as possible after the accident.

Virginia car accident laws dictate that the at-fault driver is fully responsible for the damages they caused to others, and you will need an attorney’s help to not only accurately assess the value of your claimable damages but also to secure appropriate compensation for them.

Virginia Car Accident Laws FAQs

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

A: No, it is not a no-fault state for car accidents. The fault rule applies, meaning an at-fault driver is liable for any damages they inflicted on others in an accident. An injured driver will need to prove fault for their recent accident before they can collect any compensation for their damages through an auto insurance claim or a personal injury suit in Virginia. Proving fault for your recent accident is likely to require several forms of evidence your attorney can help collect.

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

A: If you share fault for your car accident, you will not be able to claim compensation from any other liable party. The state follows a pure contributory negligence statute, meaning that if an injured plaintiff in any civil claim bears even slight shared fault for causing their damages, this will negate their ability to claim compensation from any other liable party. It is imperative to work closely with your attorney to ensure you can establish liability for your recent accident.

Q: Can You Go to Jail for Causing a Car Accident?

A: It is possible to go to jail for causing a car accident in the state based on the manner in which you caused the accident. If the accident happened because of negligence, the at-fault driver faces liability for any damages they caused to others, but they are unlikely to face criminal charges in Virginia. However, if they were driving under the influence of alcohol or drugs or otherwise broke the law with their actions, they not only face liability for damages but also criminal prosecution.

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

A: You are not required by law to hire an attorney to file an auto insurance claim in the state, but doing so will likely make the insurance claim filing process much smoother. Insurance companies have no incentive to help you; in fact, they will usually look for any reasons they can find to deny your claim or justify the lowest possible settlement offer. Your attorney can ensure your claim is handled fairly and that you receive an acceptable settlement offer.

Q: What Does It Cost to Hire a Car Accident Lawyer?

A: The cost to hire a Virginia car accident lawyer will only be a percentage of your final settlement or verdict if you choose Whitlock Law, LLC, to represent you. We accept these cases on a contingency fee basis, meaning we only charge our client a fee if and when we win their case, and their contingency fee will be a percentage of the total amount we recover on their behalf. This ensures legal counsel is accessible when you need it most.

Whitlock Law, LLC, has years of experience helping car accident victims recover, and we can help you understand the Virginia car accident laws that apply to your situation. If you are unsure how to recover from your recent accident and need help proving liability, we are ready to assist you with your case. Contact us today and schedule a free consultation with an experienced Virginia car accident lawyer you can trust.