How Is Fault Determined in a Car Accident in Virginia?

Drivers acting carelessly or with disregard for the safety of others on the road are usually liable for damages they cause in a wreck. Determining fault requires a careful analysis of the driver’s actions and evaluating different pieces of evidence.

The Commonwealth’s laws regarding recovery in civil cases, like Virginia car accident claims, are strict. Getting the money you need to cover your current and future medical needs, lost wages from work, and pain and suffering you experience may be difficult without the help of an experienced Virginia car accident attorney. We’re here to help you after a car crash, and you can learn more in a free, no-obligation consultation with a car accident lawyer at Lichtenstein Law Group PLC.

What Evidence May Be Used to Determine Fault in a Virginia Car Accident?

Think of the Virginia car accident case your lawyer builds against the at-fault driver as making a tall layer cake. Each piece of evidence is a layer, contributing to the overall structure: the strong case supporting your claim.

Evidence in motor vehicle accidents includes:

• Video footage of the auto accident, like CCTV, traffic cam recording, or video from your or the other driver’s dashcam
• Medical records of your car accident injuries
• Witness accounts from passengers in the vehicles or bystanders
• Physical damage to each vehicle
• Physical damage to the road, like skid marks on the street, bent guardrails, or chips or scrapes on concrete dividers
• Reports from one or both vehicles’ Electronic Data Recorder (EDR), which is the car’s “black box.”
• Social media posts those involved in the crash share, or those witnesses share

Although some states allow the responding police officer’s official accident report to be used as evidence in a civil trial, Virginia laws do not permit this report to be used as evidence. However, your lawyer may use information from the report to find evidence they can use.

What If I Was Partly at Fault for the Accident?

The Commonwealth has strict laws about plaintiff recovery in a Virginia car accident civil suit. If you share even 1% of the blame for the wreck, you may be unable to recover damages. So, if a jury finds you’re partly at fault, you may walk away with nothing.

Your lawyer must not only prove that the other driver caused the accident, but they also have to prove that you had no hand in the collision. Because the laws are so narrow, it becomes even more crucial to have a lawyer help you navigate them and advocate for the best outcome for your claim.

What Should I Do After a Car Accident to Avoid Liability?

Limit your conversations after the wreck. You can exchange your name and insurance information with the other driver, but otherwise keep your mouth shut. Answer police questions and those from emergency medical responders, but don’t say anything to the other driver or their passengers. Even bystanders may become witnesses against you in the case, so limit your conversations.

Hiring a lawyer as soon as you can may help shield you from accidentally admitting liability. Your attorney can handle all communication with the other party, including their insurance company and attorney, so you rarely have to talk to them. The sooner you hire a lawyer, the better. Evidence can disappear fast, or witnesses become difficult to locate.

Stay off social media, too, at least until you have a signed settlement or your trial is over. The other driver’s insurance company will likely be monitoring your socials for evidence that you aren’t hurt as badly as you claim or that you were reckless and were partly to blame for the crash.

Finally, follow the advice your attorney gives you for your particular situation. These are good tips, but they cannot replace learned advice suited to your unique case.

What Happens if Fault Isn’t Agreed on?

This is common in a car accident claim. Your lawyer may begin by sending a demand letter to the other driver’s insurance company, stating their customer’s liability and how much you’re seeking in compensation. The insurance carrier may respond by contesting liability, and at this point, your lawyer will likely file the lawsuit against the at-fault driver if they haven’t already.

Both parties may agree to mediation, which is guided negotiations to help find a middle ground for settling the case. However, Virginia insurance companies know the state’s comparative negligence law well and may stonewall you, hoping a jury finds you share some small fault.

If you and the other party can’t settle the case, then it moves to trial in a civil court.

How Can a Virginia Car Accident Attorney Help Me Prove Fault?

Virginia car accident attorneys have in-depth knowledge of personal injury law and rules of admitting evidence to prove liability in these cases. They may employ an investigator to look for additional evidence against the other party. A lawyer could also hire an expert witness to reconstruct the accident or show how your injuries were sustained in the wreck.

Your lawyer can build a substantial case against the other party, using points of law to admit evidence that proves the other driver’s liability and that you were not to blame for the crash.

If your case goes to trial, your lawyer can use their knowledge of the law to poke holes in the case presented by the defendant’s lawyer. They may challenge the admissibility of evidence the defense presents or argue that their evidence doesn’t support their case.

How Long Do I Have to File a Car Accident Lawsuit in Virginia?

The Virginia statute of limitations for filing a car accident lawsuit is two years from the date of the crash. If you don’t file the suit within this timeframe, then a Virginia judge will almost certainly dismiss it, and you’re left with little recourse for compensation.

Contact a Virginia Car Accident Lawyer

If you’ve been involved in a car accident in Virginia, you have a better chance of recovering compensation with the help of a skilled Virginia car accident lawyer. Virginia has strict laws regarding compensation recovery in a car crash, so it’s important to work with someone experienced in these legal matters.

The team at Lichtenstein Law Group PLC has decades of combined experience in car accident claims, and we’re ready to fight for the compensation you deserve. Call us today for a free, no-obligation consultation.