How Do You Determine Who Is At Fault for an Accident?

When you are injured in a car accident, you have to look after your health and safety. In the moments after your injury, it’s difficult to think of practicalities like gathering evidence to prove that someone else was to blame. Legal concerns may be the farthest thing from your mind.

You have the right to financial compensation if someone else caused your injury through reckless or negligent driving. But it’s not as simple as just asking for it. When you make an accident claim, the insurance company and their adjusters will evaluate the collision to determine who they think was at fault. If your claim proceeds to a trial in a Virginia court, the judge or jury will decide instead.

Remember that insurers are businesses, and they want to protect their bottom line. They’ll consult the police report and make a decision regardless of what you need. If they decide you were at fault for your accident, no matter what the facts of the crash, they could try to deny you the settlement you deserve.

Hiring an attorney can help you cut through the insurance company’s red tape by:

• Independently investigating the accident

• Finding the right evidence

• Calculating the full extent of your losses 

• Demanding full and fair compensation from the at-fault party

With over 100 years of combined experience, the knowledgeable personal injury attorneys at Lichtenstein Law Group PLC have the skills and resources to tackle even the toughest cases. Our full-service law firm can help you understand your legal options and fight for the just compensation you’re owed.

Don’t wait to stand up for your rights if you were injured in an accident through no fault of your own. Schedule a free consultation to find out how. Call Lichtenstein Law Group PLC or fill out our quick online form to get help now.

How Is Fault Determined in Different Car Crash Scenarios?

Determining fault in an accident often depends in part on the specific type of collision. The following explains how fault is typically assessed in common car crash scenarios:

• Head-On Car Wrecks – These often result from a driver crossing the center line. The driver who veered into oncoming traffic is usually at fault unless they were avoiding a road hazard.
• Rear-End Accidents – The trailing driver is typically considered at fault, as drivers should maintain a safe following distance. However, liability may shift if the lead driver suddenly reverses or has non-functioning brake lights.
• T-Bone Car Crashes – Fault often lies with the driver who failed to yield the right-of-way, such as by running a red light or stop sign.
• Sideswipe Accidents – The driver who leaves their lane and strikes another vehicle is usually at fault. This can occur due to distracted driving or improper lane changes.
• Backing Crashes – The driver going in reverse is generally liable, as they are responsible for ensuring the path is clear before backing up.

At Lichtenstein Law Group PLC, we understand how to determine fault in an accident by thoroughly investigating every aspect of the collision to identify all contributing factors and responsible parties. In complex cases, we may consult experts such as accident reconstruction specialists to provide a detailed analysis of the crash dynamics and help establish fault. Our goal is to build the most robust possible case to support your compensation claim. Contact our Roanoke car accident lawyer today.

Who Could Be at Fault for a Virginia Car Accident?

Various parties may bear responsibility for a car accident in Virginia, and the process of recovering compensation can differ depending on who is at fault. Liable parties may include the following:

• Other Drivers – The most common scenario is when another motorist’s negligence causes the crash.
• Vehicle Manufacturers – The manufacturer may be liable if a defective car part contributed to the accident.
• Government Entities – Poor road design or maintenance can sometimes lead to accidents, potentially implicating local or state governments.
• Commercial Vehicle Companies – In crashes involving trucks or other commercial vehicles, the company may share responsibility if they have failed to properly maintain the vehicle or train the driver.

Identifying all potentially responsible parties is crucial for maximizing your potential to receive full compensation for your injuries and losses. If multiple parties are involved, the claim can become significantly more complicated. However, with the help of a skilled attorney, this scenario may also improve your chances of recovering maximum compensation.

What Evidence Should I Gather After an Accident?

Every car accident is different, but you’ll need some crucial evidence to prove that someone else caused the crash. Your lawyer can help you get it, including:

• A copy of the official accident report from police, which usually includes basic information about the crash and what each party and witnesses said happened
• Citations issued by police to the other driver for things like running a red light, tailgating, speeding, driving on the wrong side of the street, or making an illegal turn
• Photos of your injuries and property damages
• Statements, names, and contact information of any witnesses and other people involved in the accident
• Pictures of the accident scene, including skid marks, the position of both vehicles, damages to both vehicles, warning signs, traffic signals, and road conditions
• Videos or pictures captured by red-light cameras, dashcams, and security cameras
• Reports on vehicle recalls or failures
• Evidence that the other driver might have been driving distracted or under the influence, such as empty alcohol bottles, food wrappers, or phone records
• Comments on social media by the other party or parties in the accident
• Test results of a driver’s blood-alcohol concentration

Your attorney might hire consultants to help gather additional evidence and testify to help prove your case. For example, an accident reconstruction specialist can procure GPS data or a truck’s data recorder, and use the data and other information to provide an analysis of the crash that supports your case.

What Are Common Causes of Collisions in Virginia?

Understanding the common causes of car accidents can help determine fault. In Virginia, frequent causes include the following:

• Distracted Driving – Using cell phones, eating, or any activity that takes attention away from the road
• Speeding – Going faster than posted speed limits or driving too fast for conditions
• Drunk Driving – Operating a vehicle while under the influence of alcohol or drugs
• Reckless Driving – Aggressive behaviors like tailgating or weaving through traffic
• Fatigue – Driving while overly tired, which can impair judgment and reaction time
• Weather Conditions – Rain, snow, or fog that reduces visibility and traction

Gathering evidence related to these factors is essential in building a solid case. This process may include obtaining and reviewing police reports, witness statements, traffic camera footage, and cell phone records.

Do I Need to Go to a Doctor After My Accident to Confirm My Injuries?

It is critical to go to a doctor as soon as possible after a car accident. Some injuries aren’t obvious until long after an accident. Without treatment, they can continue to worsen and may become life-threatening. A medical professional can examine you for hidden injuries, like concussions or internal bleeding

The medical report that your doctor generates after your visit can help prove the cause and severity of your injuries. If you wait too long after an accident to see a doctor, the other party might try to claim that your injuries aren’t as bad as you say they are or that something else, such as an underlying medical condition, caused your injuries.

What Should I Say If I Am Asked Questions About the Accident?

After suffering injuries in a car accident, you might receive a call from an insurance adjuster asking you to provide a recorded statement about the crash. While they may frame the conversation as a “courtesy call,” they typically intend to get you to say something that can inadvertently harm your claim. Even seemingly innocent answers to innocuous-sounding questions can cause significant problems.

As such, it is essential to turn down the adjuster’s request for a recorded statement, let them know that you will not be answering their questions, and inform them that your lawyer will handle all communications on your behalf. If you have not already done so, you should contact an experienced Virginia car accident attorney immediately to protect your claim.

Moreover, if you receive any questions about the crash from media outlets such as newspapers or local television stations, you should refrain from answering the journalists’ questions. Anything you say in public can be used to undermine your case, so it is best to let your attorney do the talking.

What Compensation Can I Recover If I Prove Fault?

If your claim against the at-fault party is successful, the compensation you receive will depend on factors such as the nature of the collision, the severity of your injuries and losses, and the quality of your legal counsel. A skilled attorney from Lichtenstein Law Group PLC can help you recover compensation for losses such as:

• Medical expenses for treatment required by your accident-related injuries
• Lost income if your injuries have forced you to miss time at work
• Reduced earning capacity if you have an accident-related disability that prevents you from returning to your previous job
• Physical and psychological pain and suffering
• Loss of enjoyment of life
• Property damage and vehicle repair/replacement

A knowledgeable Virginia car accident attorney can give you an informed estimate of how much your claim might be worth.

Does Virginia Have a Statute of Limitations for Filing a Claim to Recover Damages?

In most cases, Virginia’s personal injury statute of limitations requires victims to file a lawsuit within two years of the accident date. In some cases, you may qualify for an extended deadline. However, in cases involving government entities, you may have significantly less time to complete your filing.

If you wait to initiate legal action after this deadline has passed, you may be deemed legally ineligible to recover the compensation you deserve. This is one reason consulting with a car accident attorney as soon as possible is essential. They can help you understand what deadlines apply and ensure you complete all filings promptly so you do not forfeit your opportunity to hold the at-fault party accountable for your losses.

How Is Fault Proven in Virginia Accident Cases?

It is rare for drivers to admit responsibility after an accident. Instead, representatives for each party usually launch their own investigations to determine who was liable.

Insurance companies and the courts look at this evidence alongside official evidence like police reports to decide who is at fault for the accident and who should receive compensation for the damages they’ve suffered. To prove that another party was at fault for your collision, your attorney must show that:

• The other party had a duty to protect you in some way, such as a responsibility to protect other people on the road by obeying traffic laws.
• The other party failed in this duty by doing something negligent, careless, wrongful, or reckless.
• Their failure to uphold their duty caused the accident and your injuries.
• You suffered damages, such as medical bills and lost wages, because of the accident.

Is Virginia a Fault or No-Fault State?

Virginia is a “fault” state, which means that the party who is liable for the accident is typically responsible for compensating victims for their injuries and other losses caused by the accident.

Virginia also follows a pure contributory negligence rule, which means that you can’t be held partially liable for an accident and still receive damages. This rule makes it very important to demonstrate that you were not at all responsible for causing the crash.

Does Virginia Have Specific Laws About Determining Fault?

Virginia has some of the strictest accident compensation laws in the United States. The state’s “pure contributory negligence” doctrine prevents anyone who is even 1% at fault for their accident or injuries from claiming compensation.

This law makes it especially important for victims to work with a skilled Virginia attorney who can help protect you from this harsh standard. Your attorney will work to show that you didn’t cause the accident and demonstrate the other driver’s complete liability for the crash.

Sometimes insurers show up at accident scenes or contact victims shortly afterward to take advantage of the victim’s shock and try to trick them into giving a written or recorded statement about the accident. In Virginia, insurers can use these statements to keep them from claiming fair compensation.

When you work with an experienced lawyer, they’ll speak with insurers on your behalf and negotiate for the compensation you’re owed. You won’t have to risk saying something that an insurer can use against you or bother talking to them at all.

Talk to a Virginia Personal Injury Attorney

If you were seriously injured in an accident caused by someone else, you deserve compensation for your medical bills, missed work, pain and suffering, and other losses. The attorneys at Lichtenstein Law Group PLC are prepared to fight for your rights. Contact us today by phone or online to schedule your free initial consultation.