Traffic on I-264 can change in seconds. A driver may be moving at highway speed and then come upon a line of stopped or slowing vehicles near an exit, tunnel, or interchange. If the driver behind follows too closely or looks away from the road, a rear-end collision can cause serious injuries. A Virginia Beach car accident lawyer can investigate what caused the crash and identify any applicable insurance coverage.
Rear-end crashes are sometimes treated as simple accidents. They are not always simple. The driver who struck the vehicle ahead may deny fault. An insurance company may argue that the lead driver stopped suddenly or contributed to the crash. The collision location can also affect what evidence is available.
Why Are Rear-End Crashes Common on I-264?
I-264 runs through Norfolk and connects drivers with major routes throughout South Hampton Roads. In the downtown area, the interstate includes the Downtown Tunnel and the Berkley Bridge. Nearby exits serve St. Paul’s Boulevard/Waterside Drive, Tidewater Drive, and Brambleton Avenue/Campostella Road. VDOT identifies the Berkley Bridge as part of the I-264 Downtown Tunnel complex, where I-464 traffic also merges with I-264.
These areas can produce sudden changes in traffic speed. Drivers may slow for congestion near the tunnel, move across lanes to reach an exit, or react to vehicles entering from a ramp. Traffic from I-464 can also increase the number of vehicles moving into the same general area.
A driver who watches only the vehicle immediately ahead may not notice that traffic farther up the road has stopped. When vehicles are traveling close together, there may be little room to react. Rain, darkness, and glare can make the situation harder.
What Does Virginia Law Require Drivers to Do?
Virginia law requires drivers to leave reasonable space between their vehicle and the vehicle ahead. Under Virginia Code § 46.2-816, a driver cannot follow another vehicle more closely than is reasonable and prudent. The driver must consider the speed of the vehicles as well as traffic and highway conditions.
No single number of feet is safe in every situation. A following distance that may be reasonable when traffic is flowing steadily may be unsafe when cars slow near an exit or back up near the Downtown Tunnel.
A driver who leaves too little space may not have time to stop when traffic suddenly slows. Other conduct can also support a negligence claim, such as failing to watch the road or driving too fast for existing conditions.
Is the Rear Driver Always at Fault?
Being the rear driver does not automatically decide who is legally responsible. The injured person still has to prove that the other driver was negligent and that the negligence caused the collision and resulting injuries.
In many rear-end crashes, the evidence points to the following driver. That driver may have left too little space or failed to notice slowing traffic. However, the facts can become more complicated if the vehicle ahead made an unsafe lane change or stopped unlawfully in a travel lane.
Virginia also follows the pure contributory negligence rule. If the injured driver was negligent and that negligence proximately contributed to the accident, recovery can be barred. Virginia’s current civil jury instructions specifically state that the negligence of the parties is not compared under this rule.
Because this rule can seriously affect a claim, an insurance company may try to shift some blame to the person who was hit. A Virginia Beach car accident lawyer can examine the full sequence of events instead of assuming that the location of the damage tells the entire story.
What Evidence Can Help Show How the Collision Happened?
Evidence from a busy interstate can disappear quickly. Photos taken shortly after the crash can show vehicle positions, damage, and road conditions. Dash camera footage may capture what happened before impact. Witnesses may remember whether traffic had been stopped for several seconds or whether one vehicle changed lanes shortly before the collision.
The police crash report can provide useful information, but it may not tell the whole story. Vehicle data may help establish speed or braking in some cases. Nearby cameras may also have recorded part of the crash or the traffic conditions leading up to it.
Prompt investigation can be especially useful when the other driver claims that the injured person caused the collision. Preserving evidence early may make it easier to compare that account with the physical evidence.
What Injuries Can a Rear-End Collision Cause?
The force of a rear impact can push the body forward and backward very quickly. Some people suffer neck or back injuries. Others may have herniated discs, shoulder injuries, or head injuries.
Symptoms are not always at their worst immediately after the crash. Pain or stiffness may become more noticeable during the hours or days that follow. Medical records can help document when symptoms began and how they affected work or daily activities.
A rear-end collision can also aggravate a pre-existing condition. A person with degenerative disc disease, for example, may have had no significant symptoms before the collision but experience pain and physical limitations afterward. Insurance companies sometimes dispute these claims by arguing that the earlier condition caused the symptoms.
What Compensation May Be Available After a Rear-End Crash?
A person injured because of another driver’s negligence may seek compensation for losses caused by the collision. Depending on the circumstances, these losses may include medical expenses, lost income and pain and suffering. A serious injury may also result in future medical costs or reduced earning ability.
Insurance coverage can affect how compensation is pursued. If the responsible driver does not have enough liability insurance to cover the losses, uninsured or underinsured motorist coverage may become important.
An insurer may also dispute the extent of an injury or argue that some medical care was unrelated to the crash. Medical records and testimony from treating providers can help establish the connection between the collision and the injuries being claimed.
How Long Do You Have to File a Virginia Car Accident Claim?
Virginia generally gives an injured person two years to file a personal injury lawsuit. Virginia Code § 8.01-243(A) provides a two-year limitations period for personal injury actions unless another law provides otherwise. In a typical car accident case, that period begins when the injury occurs.
Two years may sound like plenty of time, but useful evidence can disappear much sooner. Video can be overwritten, and witnesses can become harder to locate. Vehicles may be repaired or sold before you can document their condition.
Starting an investigation early does not mean you must file a lawsuit immediately. It can simply help preserve the information needed to evaluate the claim.
How Can Shapiro, Washburn & Sharp Help After a Rear-End Collision?
Rear-end crashes can cause lasting injuries even when vehicle damage does not initially appear severe. Shapiro, Washburn & Sharp have represented people injured in serious rear-end collisions throughout Hampton Roads.
In one case, we secured a $675,000 settlement for a client who was rear-ended while exiting I-64 in Virginia Beach during morning rush hour. The collision caused a previously asymptomatic degenerative spinal condition to become painful and disabling. The insurance company disputed the extent of the injuries, but medical evidence and vocational evidence helped establish how the crash affected our client’s health and ability to work.
If you were injured in a rear-end collision on I-264 or elsewhere in Hampton Roads, contact Shapiro, Washburn & Sharp online or at 757-321-3983 to schedule a free case review. A Virginia Beach car accident lawyer can review the crash evidence, handle communications with the insurance company, and explain your options for pursuing compensation.
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