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.

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 whose negligence gave rise to the accident. 

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.

What Is Contributory Negligence?

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.

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 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.

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.

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.