Determining Fault in a Virginia Car Crash | Shapiro, Washburn & Sharp

In many car accidents, determining which driver was at fault is obvious, such as in situations where the victim was rear-ended or had the right-of-way. But in many other vehicle accidents, determining fault is not so cut and dry. In these situations, a seasoned Virginia car accident attorney can help assist you in making the best case for damages.

What Does the Law Say?

Under Virginia law, negligence determines which party is at fault for a car crash. When examining the evidence and actions of the drivers involved when deciding which one caused the crash, the question that needs to be answered is whether or not the driver was acting reasonably.

One factor would be if the driver was breaking the law at the time of the crash, then that would be strong evidence that driver was at-fault. For example, texting and driving is against the law in Virginia and the majority of states throughout the country. If a driver was texting when the crash occurred, that would certainly be breaking the law and that driver would be at-fault for the crash.

A driver who was texting at the time of the crash would likely not admit to that activity in order to avoid responsibility. However, a Virginia-Norfolk accident attorney can subpoena phone records of the driver in order to prove they were texting at the time of the accident and is responsible for the injured victim’s damages.


Other Evidence that Proves Fault

Our Va. personal injury firm has successfully represented many car accident victims where the other driver and/or their insurance company tried to blame the victim for the crash. In these cases, our attorneys use all available resources to gather evidence that will prove the other driver was negligent or reckless and those actions caused the crash. In addition to safety and traffic law, other factors that we examine include:

  • Location of the damage that was done to the vehicles;
  • Evidence of skid marks or any other damage left at the accident scene;
  • Driving conditions at the time of the crash, including time of day and weather;
  • Possible obstructions at the scene, such as greenery or structures; and
  • Type of road the accident occurred on.

Let a Virginia Accident Attorney Advocate for You

Car accident claims can be complex and often turn adversarial. Ideally, your Virginia car accident attorney will be able to negotiate a fair settlement and obtain the financial compensation you deserve for your injuries. But it is also important that your attorney be ready to fully litigate your case in a personal injury lawsuit if the at-fault driver’s insurance company is not willing to negotiate in good faith.