A car crash can leave victims with significant injuries, extensive property damage, lost wages, and sometimes even threaten their future earning capacity. In a lawsuit, there is only one opportunity to recover full compensation – a case cannot be reopened later if it turns out that injuries were worse than expected.
As a result, it’s critical to retain an experienced Virginia Beach car accident lawyer who will meticulously document all past and expected future damages and work tirelessly in seeking full compensation.
Why Choose Us to Handle Your Virginia Beach Car Accident Case?
As Virginia Beach car crash lawyers, we offer –
- A free, no-obligation case evaluation. You can contact us 24/7 to schedule your free consultation, where we can discuss the facts of your case, the injuries you sustained, and the financial damages you incurred as a result. We’ll answer your questions so that you can decide if we are the best Virginia Beach car accident lawyers for your case.
- A proven track record of success and tenacious representation. Since 1985, our attorneys have won at trial or recovered through settlement more than $100 million for our clients. While many factors can influence a financial recovery (and no promise of a successful result can ever be made), we are relentless in seeking full compensation for clients injured in car and vehicle crashes, and we will not hesitate to take a case to trial if a fair and acceptable settlement cannot be achieved.
- Contingency fee representation. Our interests are aligned with yours – recovering full compensation. It does not cost anything to retain us as your car accident lawyers, as we only receive a fee for our services if compensation is recovered.
- Litigation Costs Advanced. Court costs, expert fees, and investigation expenses can often cost thousands of dollars. We advance all of these costs and expenses so that you do not have to pay them while your case is ongoing. These costs and expenses are typically repaid through a successful settlement or jury award.
We have over 100 years of injury representation, and the resources necessary to investigate complex vehicle accident cases. We stand up to aggressive insurance companies and their lawyers in seeking to recover every penny our clients are entitled to.
If you’ve been injured in a vehicle crash caused by someone else and are looking for the best Virginia Beach car crash lawyer for your case, we can help. We invite you to call or contact us today – 24/7 – for a free consultation and case evaluation, and to get started with your case.
- $30,000-Winning a Jury Award for a Whiplash Victim in Virginia Beach, VA
- $675,000 Settlement For Beach Crash Victim Despite Preexisting Degenerative Disc
- $300,000 Settlement for Passenger Injured in Eastern Shore, VA Car Accident
Virginia Beach Car Accident Page Navigation
- Can You Recover in Hit & Run or “Phantom” negligent driver situations in Virginia?
- How Will a Virginia Beach Car Crash Lawyer Help Me in Seeking Full Compensation for My Injuries?
- Virginia Beach Car Accident Statistics
- What Types of Compensation Are Available for a Virginia Beach Car Accident?
- Will My Car Crash Case Go To Trial?
- How Are Pain and Suffering Damages Determined in a Car Crash Case?
- How Much Does it Cost to Hire a Virginia Beach Car Accident Attorney?
- How Long Do I Have to File a Car Accident Lawsuit in Virginia Beach?
- Can I Collect Compensation for a Car Accident If I Was Partially At Fault?
- Can Minor Car Accidents Cause Serious Injuries Like Whiplash?
- What Other Injuries are Common in Car Crashes?
- What are Frequent Causes of Car Crashes?
- Virginia Beach Car Accident FAQs
Can You Recover in Hit & Run or “Phantom” negligent driver situations in Virginia?
The answer is yes, Virginia allows insurance claims where a hit and run driver causes damage to your car and personal injuries, even if the hit and run driver cannot be located. Virginia is also a “no contact” state, meaning if you make a police report and suffer property damage and personal injury after you are forced to the side of the road or forced to make a sudden lane change, as long as there is documented evidence that the other negligent driver caused the wreck and then fled or left the scene, there is still the possibility to make an insurance claim against the unknown driver in Virginia.
Your rights fall under provisions of Virginia’s uninsured/underinsured motorist laws, which one of our Virginia Beach car accident lawyers can explain to you in detail.
How Will A Virginia Beach Car Crash Lawyer Help Me in Seeking Full Compensation for My Injuries?
Car accidents can quickly become complicated, especially when it comes to proving fault and recovering full compensation. That’s why working with an experienced car accident attorney is one of the most important steps you can take after a crash.
As car crash lawyers with decades of experience, we can take immediate action to protect your rights and build a strong case on your behalf. From day one, we put our resources to work for you, handling every detail so you can focus on your recovery.
This includes:
- Conducting a thorough investigation to gather critical evidence — such as photographs, video footage, police reports, and eyewitness statements — to establish fault.
- Impounding crashed vehicles. Today, most vehicles are equipped with event recorders (sometimes referred to as “black boxes”), which record critical information about vehicle performance at the time of a crash (such as speed and whether the brakes were applied). Insurance companies for defendants often want to have accident vehicles destroyed as soon as possible after a crash so that this critical evidence will be lost. We will demand preservation of this relevant evidence or seek a court order when necessary to have such vehicles preserved with the damage or impounded to preserve event recorder information.
- Ensuring you receive a full medical evaluation from trusted healthcare providers who can accurately document the extent of your injuries.
- Handling all communication and negotiations with lawyers for insurance companies and negligent drivers to pursue the maximum compensation available for your case.
Your car accident matters. We will represent you from initial consultation through settlement or trial, documenting your damages, demanding full compensation, and fighting for every dollar you deserve.
As a bustling coastal city, Virginia Beach experiences its fair share of traffic crashes, reflecting broader trends in road safety and accident patterns. According to data from the Virginia Department of Motor Vehicles (DMV), Virginia Beach consistently ranks among the higher accident-prone areas in the state. This can be attributed to several factors, including a large population, an influx of tourists, and an extensive network of highways and urban roads.
In recent years, Virginia Beach has seen a mix of positive and negative trends concerning car accidents. For instance, while there has been a general decline in the total number of traffic fatalities, the number of accidents involving injuries has not always seen a corresponding decline. In a typical year, there are often more than 5,000 vehicle accidents in Virginia Beach, thousands of which result in injuries and several dozen of which result in fatalities. Many crashes occur on the more heavily-traveled roads, such as Independence Boulevard, Rosemont Road, and Princess Anne Road. Notably, distracted driving and speeding remain leading causes of crashes, highlighting ongoing challenges in promoting safe driving behaviors.
Efforts to reduce accidents in Virginia Beach include implementing various traffic safety programs and increasing law enforcement presence. Initiatives like the “Drive Safe Hampton Roads” campaign emphasize the importance of seatbelt use, sober driving, and adherence to speed limits. Additionally, Virginia Beach has adopted new safety regulations and technology designed to reduce crashes and injuries, such as red-light cameras and speed enforcement cameras in school zones.
What Types of Compensation Are Available for a Virginia Beach Car Accident?
Accident victims are generally entitled to compensation for all damages and expenses incurred due to a crash. Damages fall into two groups: special damages and general damages.
Special damages. Special damages – sometimes referred to as “economic damages” – include damages that are tied to specific dollar amounts that can be calculated, such as:
- Medical expenses (including prescriptions, medical devices, and therapy)
- Past and future lost wages
- Property damage expenses (such as a wrecked car, but sometimes involving damaged personal property in the vehicle)
General damages. General damages are sometimes referred to as “non-economic damages” as the costs are not easily tied to a provable monetary loss. Instead, at trial, a jury must decide what compensation is fair for matters such as:
- Pain and suffering
- Loss of quality of life
- Emotional and psychological distress
- Humiliation, inconvenience damages
- Recovery for permanent impairment damages
The role of a car crash lawyer will be to fully and meticulously document all damages suffered and demand full compensation from all those who may be legally responsible for injury causation.
How are Settlements and Jury Awards Determined in a Virginia Car Crash Case?
Ultimately, the value of a car crash case will be determined by:
- The special damages incurred, such as medical expenses and lost wages,
- The general damages incurred, such as pain and suffering, and
- The compensation available based upon a defendant’s finances and applicable insurance.
In general, the more severe and permanent the injuries, the greater the compensation, provided that the negligent driver has sufficient insurance or other financial resources. If an injured person also has uninsured or underinsured insurance coverage, these policies may also provide additional compensation.
Will My Car Crash Case Go To Trial?
Most car accident cases in Virginia will be resolved through a settlement with insurance carriers, with only a small number of cases going to trial. Nonetheless, it is critical to retain an experienced Virginia Beach car crash trial lawyer at the outset of a case who is ready to take a case to trial if an acceptable settlement cannot be reached.
“My wife was injured in an auto wreck while she was heading down I-264 in Virginia Beach. She suffered neck injuries, lower back injuries, and a mild concussion. It took her a while to get herself together. That’s why we hired Rick Shapiro to handle our case, and he did a splendid job. We’re very happy with the result!”
How are Pain and Suffering Damages Determined in a Car Crash Case?
Pain and suffering damages are included as part of a settlement or determined by a jury based upon the evidence presented at trial (and their subjective view as to fair compensation for the pain and suffering endured).
If you’ve been injured as the result of a car crash or car accident, the law provides that you are entitled to compensation not only for the pain and suffering that you incurred during the crash and shortly thereafter, but also for the future pain and suffering that you are likely to incur as the result of ongoing pain and future surgeries that may be required. As a result, in making a claim for pain and suffering, it is critical to document both past pain and suffering and also any future pain and suffering (which might last for weeks, months, or even a lifetime).
As part of settlement negotiations, we will extensively document our client’s pain and suffering so that if the opposing party is unwilling to pay full and fair compensation, they will know what they will be facing if they go to trial.
At trial, a jury will be tasked with awarding fair compensation for the pain and suffering endured. In our experience, we believe that juries typically take the following into consideration:
- The severity of the pain. Many (perhaps most) jurors will have suffered from injuries, such as broken bones, minor burns, or cuts requiring medical treatment. Based upon their own experiences, they will have some basis for comparing the pain that they have suffered and your injuries (which may be significantly worse than their injuries).
- The particular type of injury suffered. Broken bones do not always result in the same level of pain and suffering. Broken bones that puncture skin and require extensive surgery will cause greater pain than less severe breaks. Burns often result in much more severe and long-lasting pain than other injuries.
- The length of time over which the pain and suffering was experienced. This can range considerably, from less severe injuries that may heal quickly to significant injuries that do not heal and can cause a lifetime of pain and suffering.
“My wife was injured in an auto wreck while she was heading down I-264 in Virginia Beach. She suffered neck injuries, lower back injuries, and a mild concussion. It took her awhile to get herself together. That’s why we hired Rick Shapiro to handle our case and he did a splendid job. We’re very happy with the result!”
How Much Does it Cost to Hire a Virginia Beach Car Accident Attorney?
At Shapiro, Washburn & Sharp, our Virginia Beach car accident attorneys take cases on a contingency fee basis. This means our clients will not have to pay any legal fees unless and until compensation is recovered through a settlement or verdict.
You will not be responsible for paying any upfront or out-of-pocket costs while your case is ongoing, as we advance all litigation expenses. These expenses are normally repaid from a settlement or jury award.
How Long Do I Have to File a Car Accident Lawsuit in Virginia Beach?
It is crucial for vehicle accident victims in Virginia Beach and the surrounding communities to timely file a lawsuit. The statute of limitations in Virginia for injury cases is typically two years from the date that the injury occurred or when the injury was first discovered. For car crash cases, this typically means that an injured person will have two years from the date of the crash to file a lawsuit.
There are, however, some significant exceptions to this rule. If a governmental entity is involved (such as if a municipal, state, or federal employee caused the crash while on the job), the statute of limitations may be significantly shorter. Thus, it is always critical to retain a car crash attorney as soon as possible after a crash to ensure that important deadlines are not missed.
Can I Collect Compensation for A Car Accident If I Was Partially At Fault?
If your car crash case goes to trial and you are found to be at all materially at fault, in Virginia, you will not be entitled to any compensation. Virginia is one of only a handful of states that follows what is known as a “pure contributory negligence” doctrine, which prevents injured plaintiffs from any recovery if they are found to be even slightly at fault.
However, most car crash injury cases do not go to trial, particularly as it is usually clear from the evidence that one driver is likely to be found completely at fault. In a settlement, an allocation of fault is usually not determined, and instead, the focus is on resolving a claim through an agreed payment to be made. Thus while an insurance company always has the option to take a case to trial and try to convince a jury that the injured driver has some (even minor) fault in causing a crash (so that they can avoid liability), the time, legal fees for their attorneys, and the risk of a higher verdict against them will usually encourage them to enter into a settlement. Our attorneys will strenuously argue that a client was not contributorily at fault when we believe the evidence supports our client’s version of events.
This is why working with a tenacious Virginia car accident attorney is essential. Your attorney will fight to prove that the other driver was fully responsible for the crash, protect you from unfair blame, and pursue the full compensation you deserve.
What if You Are Injured as a Passenger in a Virginia Beach Car Accident?
Claims When a Family Member, Relative, or Friend is the Driver
Passenger injury cases are somewhat different than cases where the injured person is the driver.
An injured passenger may have a claim against both drivers (their own driver and the at-fault driver of the other car). Most people, however, don’t want to sue a family member, relative, or friend. Fortunately, in these cases, it will be the insurance company of the driver of their car who will be paying any settlement or judgment, and we will consult with our client as to whether they should make an additional insurance claim against the insurance company for a family member or friend who was driving a car involved in the crash.
We are adept at handling these types of sensitive cases, and we normally work directly with the driver’s insurance company to resolve the claim out of court, often without even needing to file a lawsuit. Separately, we will also file a lawsuit against the at-fault driver if they are unwilling to pay a fair settlement.
Can Minor Car Accidents Cause Serious Injuries Like Whiplash?
Even a seemingly minor car accident can lead to serious, long-lasting injuries. Many people walk away from a crash feeling lucky to avoid severe harm — only to develop chronic pain, limited mobility, or other complications days or weeks later.
One of the most common injuries in lower-speed car accidents is whiplash. Whiplash occurs when the impact of a collision causes the head and neck to snap violently back and forth, overstretching muscles, ligaments, and tissues. This can happen even at speeds as low as 5 miles per hour.
Whiplash symptoms may include:
- Neck and shoulder pain
- Headaches
- Fatigue and insomnia
- Difficulty concentrating or memory loss
- Chest or spinal cord injuries
- Nerve pain or tingling
Because whiplash injuries often don’t appear on X-rays or MRIs, insurance companies may try to downplay the severity of these injuries. However, whiplash can significantly affect a person’s ability to work, sleep, or perform everyday tasks — and the pain can last for weeks, months, or even longer.
As experienced Virginia Beach whiplash lawyers, we know how to document these injuries and fight for the full compensation our clients deserve — including medical expenses, lost wages, and damages for pain and suffering. If you’re experiencing ongoing symptoms after a car crash, it’s critical to speak with a Virginia Beach car accident attorney who can protect your rights and help you recover damages for your injuries.
What Other Injuries are Common in a Car Crash?
In addition to whiplash, other common crash injuries include those involving a person’s back, hips, pelvic area, and knees.
Herniated discs are one of the most frequent car accident back injuries and often require major surgery because the discs do not heal on their own. Tears to the ligaments and muscles that surround the knees are another common injury that requires a long time to heal, leaving accident victims dealing with a painful, protracted recovery. The same holds true for injuries to the lower back, hips, and pelvis – all areas susceptible to serious injuries in even minor car accidents.
Does Virginia Have Dram Shop Laws?
Unfortunately, Virginia does not have dram shop laws that hold bars and restaurants liable for overserving intoxicated patrons.
This means that bars and restaurants cannot be held liable for crashes, even if they continued to serve alcohol to customers who were already intoxicated.
What are Frequent Causes of Car Crashes?
Distracted Driving
Distracted driving includes any type of behavior where a driver is paying attention to something other than driving, such as texting, adjusting destination settings on a navigation system, or even looking at passengers while talking.
Distracted driving is the underlying cause of tens of thousands of car crashes annually. The National Safety Council estimates that at least 1.6 million car crashes are caused by drivers using cell phones and texting in the U.S. each year (or about 28% of all car crashes).[1] Additionally, the National Highway Traffic Safety Administration reported that 3,275 people were killed in the U.S. in 2023 as a result of distracted driving, amounting to nearly ten people per day.[2]
As Virginia Beach distracted driving lawyers, we take the cases of our clients seriously. Distracted driving – such as texting while driving – is not an “accident.” It’s a poor choice made by putting a driver’s need to see or send texts or engage in other distracting behavior above the safety of everyone else on the road.
Speeding
Every road has a speed limit, carefully designed to promote safety and protect everyone on the road, including drivers, pedestrians, and cyclists. These limits are not arbitrary; they reflect the road’s design, traffic patterns, and other factors to reduce the risk of accidents. When drivers exceed these limits, they increase the danger to themselves and others, as speeding significantly reduces reaction times and the ability to slow down or stop in emergencies, such as a sudden traffic jam or an obstacle in the road.
Accidents involving speeding are often catastrophic because the force of impact increases with higher speeds, leading to more severe injuries and greater property damage. High-speed collisions can result in devastating consequences, including traumatic brain injuries, spinal cord damage, and even fatalities.
As experienced Virginia Beach car accident lawyers, we understand the critical importance of determining liability in these complex cases. One of the ways we can uncover the truth is by investigating the accident thoroughly, including securing data from a vehicle’s black box (event data recorder) before it is destroyed or overwritten by insurance companies. These devices can provide crucial evidence, such as the car’s speed, braking patterns, and other actions leading up to the crash. This data can be instrumental in proving liability and ensuring that negligent drivers are held accountable.
Our commitment is to leave no stone unturned in advocating for our clients. Whether it’s gathering black box data, analyzing accident reconstruction reports, or working with experts, we build a strong case to pursue the maximum compensation you deserve for your injuries and losses.
Drowsy Driving
Getting behind the wheel when fatigued is just as dangerous – and reckless – as driving after drinking. Unfortunately, the busy demands of everyday life leave many adults suffering from sleep deprivation. Fatigued driving is also a major cause of tractor-trailer accidents due to the number of hours truck drivers spend on the road, trying to meet almost impossible delivery schedules. If your accident involved a commercial vehicle, reach out to a Virginia Beach truck accident lawyer today.
Tailgating
Tailgating – following too close to a vehicle – is dangerous, and won’t result in getting to a destination any faster. Nonetheless, tailgating is a leading cause of crashes, as the drivers of vehicles engaged in tailgating are unable to stop their vehicle in time if the car ahead of them comes to a sudden stop.
Reckless Driving
In addition to speeding and tailgating, reckless driving can encompass other behaviors such as cutting off other drivers, dangerous lane changes, driving on the shoulder of a road, running stop signs and red lights, and other acts of road rage that deliberately endanger others on the road.
Not Driving Properly for Existing Weather Conditions
In poor weather conditions, such as rainstorms, drivers must adjust their driving to take into account poor visibility, the extra distance needed to stop a vehicle after applying the brakes, and other weather-related matters. Frequently, however, drivers do not make these adjustments, resulting in injury crashes often involving whiplash and similar injuries.
Virginia Beach Car Accident FAQs
Can You Get Compensation If You Are Partially At Fault for the Crash?
Virginia follows a pure contributory negligence rule, one of the country’s strictest. Under this rule, if a jury finds you to be materially at fault yourself for partly causing the accident, you cannot recover any damages from the other party.
Do I Need To Report The Accident To My Own Insurance Company?
Yes, you should report the accident to your own insurance company as soon as possible. Most insurance policies require prompt notification of an accident. Failing to report the accident in a timely manner could result in the denial of coverage.
What Car Insurance is Required in Virginia?
As of January 1, 2025, Virginia has increased the minimum required liability insurance coverage for motor vehicles. All auto insurance policies that are newly issued or renewed on or after this date must meet the following limits:
- $50,000 for bodily injury or death of one person
- $100,000 for bodily injury or death of two or more persons
- $25,000 for property damage
For policies that were issued or renewed before January 1, 2025, the previous minimum coverage limits still apply:
- $30,000 for bodily injury or death of one person
- $60,000 for bodily injury or death of two or more persons
- $20,000 for property damage
Virginia drivers must either carry the required liability coverage or pay the Uninsured Motor Vehicle (UMV) fee. Failing to do either can result in serious consequences, including license suspension, fines, and penalties.
If you’ve been injured in a car accident and are unsure how insurance coverage may impact your case, our Virginia Beach car accident lawyers can help you understand your rights and guide you through every step of the claims process.
What is Uninsured/Underinsured Motorist (UM/UIM) Coverage, and Why Is It Important in Virginia?
UM/UIM coverage is a component of your auto insurance policy that protects you if you’re involved in an accident with a driver with insufficient or no insurance. In Virginia, despite legal requirements, some drivers operate vehicles without adequate insurance, putting others at financial risk in the event of an accident.
UM/UIM coverage ensures you can receive compensation for medical expenses, lost wages, and other damages even when the at-fault driver cannot cover these costs. For a deeper understanding of the significance of UM/UIM coverage, you can read our detailed article: Why Uninsured/Underinsured Motorist Coverage Is the Most Important in Your Virginia Car Insurance Policy.
Can I File a Claim with My Own Insurance if the At-Fault Driver Is Uninsured?
Yes, if you’re involved in an accident with an uninsured driver, you can file a claim under your UM coverage. This allows you to seek compensation for your injuries and damages through your own insurance policy. It’s important to act promptly and consult with an experienced attorney to navigate the claims process effectively. For more information on pursuing compensation after such incidents, refer to our article: Hit by an Uninsured Motorist – Understanding How to Get Financial Restitution.
Does UM/UIM Coverage Apply to Hit-and-Run Accidents in Virginia?
Yes, UM coverage can apply to hit-and-run accidents, which are treated similarly to accidents involving uninsured drivers. If you’re the victim of a hit-and-run, your UM coverage may provide compensation for your injuries and damages. It’s essential to report the incident to the police and your insurance company as soon as possible. For more details on handling such situations, you can read our article: Hit by an Uninsured Motorist – Understanding How to Get Financial Restitution.
Should I Accept An Insurance Settlement?
Before accepting any insurance settlement, it’s important to consult with a car accident lawyer. Insurance companies often offer low initial settlements to close claims quickly and reduce their costs. An accident attorney can review the offer to ensure that it covers all your medical expenses, lost wages, pain and suffering, and other damages.
Remember – once a settlement is accepted and a settlement agreement is signed, you will not have another opportunity to get more money, even if your injuries turn out to be far worse than expected.
How Long Will My Car Accident Case Take in Virginia?
The duration of a car accident case in Virginia can vary widely depending on several factors, including the complexity of the case, the severity of the injuries sustained, and whether the case goes to trial. Some cases may settle within a few months, while others could take a year or more.
Will You Take My Case to Trial if There Is Not a Fair Settlement Offer?
Yes.
As Virginia Beach car accident trial lawyers, we are well-prepared to take a client’s case to trial is a fair settlement is not forthcoming. We have won verdicts for clients in the tens of millions of dollars – we are not a law firm that focuses only on settling cases.
We believe that our willingness to go to trial is highly beneficial both in the settlement process and at trial. In the settlement process, lawyers for defendants know well which lawyers will take cases to trial, and which lawyers are great trial lawyers. We believe that the fact that we will not hesitate to take a client’s case to trial, and our significant trial experience is helpful in facilitating full and fair settlements, and in achieving favorable presentations of our clients’ cases at trial.
Call a Virginia Beach Car Accident Attorney For a Free Consultation Today
If you or somebody you love has sustained a car accident injury caused by the negligence of another driver in the Virginia Beach area, you can count on the team at Shapiro, Washburn & Sharp to have your back. We have decades of experience handling complex injury claims, and we know what it takes to stand up to aggressive insurance carriers to help clients recover full compensation for their losses.
We will not hesitate to use our resources to investigate every aspect of your claim. When you need a Virginia Beach car accident attorney, you can contact us for a free case evaluation by filling out the contact form on this page or calling us at (833) 997-1774.
[1] https://www.prnewswire.com/news-releases/national-safety-council-estimates-that-at-least-16-million-crashes-are-caused-each-year-by-drivers-using-cell-phones-and-texting-81252807.html#:~:text=WASHINGTON%2C%20Jan.,using%20cell%20phones%20and%20texting.
[2] https://www.nhtsa.gov/risky-driving/distracted-driving