Virginia Car Accident Attorneys
Filing a Car Accident Claim
If you were injured in a car accident, no matter how seemingly minor or major your injuries may be, it is important that you reach out to a personal injury lawyer right away. You could be entitled to financial compensation, but filing a car accident claim in Virginia can be a complicated and time-consuming process. With one of our attorneys by your side, however, you can focus on your physical recovery while we handle every legal detail.
At Reinhardt | Harper | Davis, we are dedicated to helping accident victims and the families of those wrongfully killed fight for the justice they deserve. Our Virginia car accident lawyers have over 100 years of combined experience, as well as a long, proven track record of success. We have recovered tens of millions of dollars in compensation for our clients, and we are ready to fight for you, too.
Is Virginia a No-Fault Car Insurance State?
Virginia is not a no-fault car insurance state. Instead, Virginia follows a traditional, fault-based (or “tort”) system when it comes to car insurance and accidents. Under this system, most people must bring claims against the at-fault driver’s insurance company (or another liable party) to recover compensation for their accident-related damages.
To have a car accident claim in Virginia, you must be able to demonstrate that someone else was to blame for the crash. Proving fault for a car accident generally involves identifying the cause of the collision, including what happened leading up to the crash and what contributing factors were involved.
Because motorists automatically owe others on the road a duty of care, you do not necessarily need to prove that the at-fault driver owed you a duty of care based on the specific circumstances. However, you will need to prove that they acted negligently or wrongfully in some way, and that this is what led to your injuries and resulting damages.
Common Causes of Car Accidents
Simply put, most car accidents result from negligence. This negligence takes many forms but, in general, it occurs when any driver fails to uphold his or her duty to others on the road to act reasonably, follow all traffic laws, and avoid any actions that could cause foreseeable injury.
Specifically, some of the most common causes of car accidents include:
- Distracted driving, including texting/cellphone use
- Driving under the influence of alcohol or drugs
- Speeding, including reckless driving
- Aggressive driving and road rage
- Making unsafe or illegal left or righthand turns
- Failure to yield the right of way
- Disobeying red lights, stop signs, and other traffic control devices
- Weaving in and out of lanes, tailgating, and cutting off other drivers
- Fatigued driving and falling asleep at the wheel
- Unsafe or unlawful passing
Our Virginia car accident attorneys work with accident reconstructionists and other industry specialists to identify the causes and underlying factors involved in the crash. We then use this information to build powerful, evidence-based cases and obtain expert testimony on behalf of our clients. This allows us to present our clients’ cases before the insurance company, as well as the judge and jury, as efficiently and effectively as possible.
What If You Were Partly at Fault for the Accident?
Under Virginia’s strict contributory negligence rule, you may not file a claim if you are found to be even partly at fault for a car accident. This is different from the more-common rule of comparative negligence, which allows individuals to recover reduced compensation when they are partly to blame, depending on the degree of fault and the type of comparative negligence rule that applies.
If you are found to be even one percent at fault for a crash, your case will almost certainly be dismissed, and you will not be able to recover any compensation for your accident-related damages. Insurance adjusters know this, and they will often use this rule to their advantage. If the insurance adjuster has tried to argue that you were partly—or even entirely—at fault for the accident that caused your injuries, reach out to Reinhardt | Harper | Davis right away. Do not make any statements and do not sign anything the insurance company provides you without first speaking to a Virginia car accident lawyer at our firm.
Why Hire a Car Accident Attorney?
Dealing with the aftermath of a serious car accident can be overwhelming. When you work with an experienced attorney, like those at our firm, you can focus on your physical and emotional recovery while your attorney handles the legal details of your case. At Reinhardt | Harper | Davis, we are prepared to communicate with the insurance company on your behalf, meet all filing deadlines, and prepare you for litigation and trial, if necessary.
Our attorneys will be there for you every step of the way. We are available 24/7 and are happy to answer any questions you may have at any point in the legal process.
Note that there is a two-year statute of limitations on most car accidents involving personal injury or wrongful death in Virginia; don’t wait until it’s too late! Reach out to our legal team today to learn how we can help you fight for the full, fair compensation you are owed.