If you’re involved in a traffic accident and you’re seriously hurt, leveraging statutory traffic violations can significantly strengthen your position in a personal injury case. These are specific breaches of law that are defined in a state’s traffic code and include things like speeding, running a red light, or driving under the influence of alcohol or drugs.

We can use specific sections of the Virginia Code to establish negligence and liability, even if the other driver wasn’t charged with a violation. The code can be confusing, however.

That’s why it’s a good idea to work with our Virginia Beach car accident attorneys. We know the specific Virginia Code sections that may be applied to your case and how to use them to bolster your claims.

What is the Virginia Code?

The Virginia Code—formally known as the Code of Virginia—is the official record of laws for the Commonwealth of Virginia. It contains all the laws passed by the Virginia General Assembly and signed by the Governor. It is organized alphabetically by subject into 67 titles.

Each title generally addresses a broad area of the law. For example, Title 46.2 covers motor vehicles and traffic. Other titles outline various statutes and regulations governing civil rights, criminal laws, family law, and more.

The Code is available to the public, which means anyone can access it and search through it as needed. Our attorneys frequently reference it when representing our clients in traffic accident cases.

What Parts of the Virginia Code are Relevant to Traffic Accidents?

Virginia’s statutory framework includes many traffic laws that help promote safety on the roads. If a driver violates one or more of these laws, they can be found negligent in a personal injury case.

Key code sections that we may use against a negligent driver may include:

There are many more code sections that we may use, depending on your case. This is just a small sampling.

How Does Using the Virginia Code Help My Case?

When negotiating with an insurance company or with other parties—or even when taking your case to trial—our goal will be to get a fair compensation amount for your injuries. Here’s how using the Virginia Code can help.

Establishing Negligence

In Virginia, if a driver violates a traffic statute, that driver is automatically considered negligent. So if the other driver ran a red light and hit you, we would argue that their action constitutes negligence under Va. Code 46.2-833.

Strengthening Our Client’s Position

Referencing a specific traffic violation when presenting your case to an insurance company or a jury provides compelling evidence that the other driver was at fault. Insurance companies, for example, will be more likely to consider a fair settlement if there is strong evidence—in the form of a traffic statute—of the other party’s wrongdoing.

Quantifying Damages

One of the most important jobs we have as your attorneys is to quantify your damages. We take care to cover everything, from your medical expenses to lost wages to pain and suffering. We do need strong evidence, however, to convince an insurance company or jury that you have a right to the amount of money we ask for. This is where having specific violations helps.

If the other driver was speeding, for example, we can reference Va. Code 46.2-870 in establishing that driver’s reckless behavior and how that caused your severe injuries. This can help us justify a higher amount.

Meeting the Burden of Proof

If your case goes to trial, the burden of proof lies with you, the plaintiff. If we can prove—on your behalf—that the defendant violated a specific Virginia Code section, it’s easier for you to meet this burden.

Helping the Jury Understand

During a trial, we can also request that the judge instruct the jury on the implications of a specific statutory violation. This can help guide them in understanding the legal context of your case, showing that the other driver was not only negligent but acting against the law.

Utilizing Code Sections When No Charges Were Filed

Even if the other driver wasn’t charged with a traffic violation at the time of the accident, you can still leverage the Va. Code in your personal injury case.

Our legal team, for example, will conduct our own investigation into the accident. We may find evidence—perhaps in video footage—that highlights where the other driver violated traffic laws, regardless of whether they were charged.

Since personal injury claims operate under different standards than criminal cases, we can present evidence that the other driver violated traffic statutes even if law enforcement didn’t charge that driver. This can help us establish liability on the other party’s side.

How Can a Car Accident Attorney Help?

Because the Virginia Code is complicated, it helps a lot to get a car accident attorney on your side. We can help deal with the complexity while giving you the peace of mind that we are working to get the maximum amount of compensation possible.

We have found that using Virginia Code sections to bolster your case can be a powerful strategy in both settlement negotiations and trial proceedings. Contact us today for a free consultation. With over 100 years of combined legal experience, our team will help you establish a strong case, as we did for this federal worker who was seriously injured in a massive crash. We negotiated a settlement of $930,000 on his behalf.

We have many offices to serve you, including those in Virginia Beach, Portsmouth, Hampton, and Norfolk.

 

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