Under Virginia law, when a victim is injured in a car accident caused by the negligent actions of another party, that victim is entitled to pursue legal action against that party in order to obtain financial compensation for the losses their injuries have caused them to sustain. Some of these losses include medical expenses, loss of income from being unable to work during recovery, permanent disability due to injuries, loss of life enjoyment, mental anguish, and more.
Proving Fault in a Car Accident
In order to be successful in a claim, the victim – usually through their car accident attorney – needs to prove that the accident was not their fault, but the fault of the other party.
There are some car accidents where the fault is obvious, and it is almost impossible for the insurance company to dispute the findings. For instance, in a rear-end crash, the driver in the back is almost always found to be liable for the crash. The legal theory is that the driver should have been paying attention and not following so closely and therefore would have had enough time to stop.
But the majority of other types of crashes are not so clear-cut. There are many crashes where there is a question of who had the right of way when the crash occurred, whether there were any traffic violations that caused the crash, or who are all responsible parties in a multi-vehicle crash.
But the majority of other types of crashes are not so clear-cut. There are many crashes where there is a question of who had the right of way when the crash occurred, whether there were any traffic violations that caused the crash, or who are all responsible parties in a multi-vehicle crash. Even in these cases, there are a number of ways a car accident attorney can show fault. These include:
- Police report – When you are in a car accident, police should be called to the scene. The officer will file a police report that will list the time, date, and location of the accident. In many reports, the officer will list details of the crash, including whether or not either driver violated any traffic laws. This report may help your attorney prove the other driver caused the crash.
- Witness testimony – If there were any witnesses to the crash, their statements can be used by your attorney to support your case.
- Camera footage – There are a number of different cameras that may have captured footage of the accident as it occurred. There are often traffic cameras installed at major intersections that may have filmed the accident. If any businesses at the location have surveillance cameras, they may have captured the accident. A car accident attorney can help you obtain this footage.
- Black box data – If there is a vehicle event data recorder (all vehicles manufactured after September 2014 have one), your attorney may be able to use the data collected during the crash – degrees of steering, brake usage, speed, and other data – to also determine what happened.
Contact a Virginia Personal Injury Attorney
Car crash victims often suffer from injuries that require a long-term recovery process. This often involves high medical expenses, as well as lost wages from work, and pain and suffering. And it is not uncommon for victims to suffer life-long damage from these injuries.
Insurance companies will often try to pressure car crash victims to settle their claims quickly and for much less than what the victim deserves. That is why it is critical to contact a skilled Hampton, VA car accident attorney immediately following a collision for advice and direction. Call Shapiro, Washburn & Sharp to schedule a free and confidential case evaluation. We will discuss what type of legal options you may have to pursue damages for the losses your injuries have caused.
For more information, download our free guide to car crash injuries in Virginia.
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