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Virginia Laws to Know Before Filing a Car Accident Claim

February 17, 2020

In 2018, there were more than 130,000 car accidents in Virginia that resulted in 819 deaths and approximately 70,000 injuries; this is a 3.5 percent increase in traffic accidents and fatalities from the previous year. It is important to know the traffic laws in Virginia to help prevent a car accident and to ensure that you are familiar with your legal rights.

Virginia is an At-Fault Car Accident State

Virginia is an at-fault car accident state, meaning that the driver responsible for causing the accident is the one liable for all injuries and damages. Proving fault can be difficult. In Virginia, it is vital to seek compensation for injuries and property damage.

Virginia also has a contributory negligence rule, even if the driver of the other car is mainly responsible for causing the car accident, you cannot collect any monetary compensation if you are found to have contributed to the accident in anyway. Many other states have traffic laws that fall under no-fault and comparative negligence rules, but Virginia’s contributory negligence rule plays a vital role in limiting monetary settlements in car accident claims. Insurance adjusters investigating accident claims also use the contributory negligence rule in determining accident settlements.

In Virginia, blameless car accident victims can seek compensation for a variety of injuries and damages. Victims can claim compensation for medical bills relating to their injuries. Victims can also collect compensation for property damage, emotional trauma, and lost income. If injuries from the car accident resulted in permanent disability, the victim can also sue for the loss of future earnings.

Virginia Laws for Reporting Car Accidents

All drivers in Virginia must report a car accident whenever there are fatalities, injuries, or property damage. Drivers must contact the local or state police that govern the area and provide them with their name, address, driver’s license number, and registration information. They must also provide this information to any person involved in the accident, including pedestrians and passengers. Criminal charges can be brought against a driver that fails to comply with these laws.

Virginia’s statute of limitation law requires that all car accident injury claims must be filed within two years from the date the car accident occurred. Claims for property damage relating to a car accident must be made within five years of the accident date. Claims relating to the death of a driver or passenger must be made within two years from the date of death, not from the date of the car accident. Failure to meet these deadlines will result in the claim being dismissed by the court.

Virginia Beach Car Crash Lawyers Represent Injured Car Accident Victims

If you have been involved in a car accident, you may be eligible to collect compensation your injuries and other losses. Our dedicated Virginia Beach car crash lawyers will provide you legal counsel and help you collect compensation. At East Coast Trial Lawyers, we pride ourselves in helping all injured car accident victims. Contact us online or call us at 757-352-2237 to schedule a free consultation today. Located in Virginia Beach, Virginia, we also serve clients in Chesapeake, Eastern Shores, Hampton, Newport News, Norfolk, Portsmouth, and Suffolk, as well as North Carolina and nationwide.

Areas We Serve

Our law firm proudly serves clients injured anywhere in Virginia or North Carolina on personal injury claims, including cases with traumatic brain injury, spinal and neck injury, wrongful death, and more serious injuries. As Virginia Beach personal injury attorneys with many years experience, our team of lawyers will be ready to fight for you. If you were injured on the job, our Virginia Beach Workers Compensation lawyers are ready to serve you.

Call 757-352-2237 or fill out the online contact form for a free consultation about your personal injury, workers compensation, or other attorney services. Our firm adopts a team approach to every case, so while one primary lawyer will be assigned to your case, you have the benefit of an experienced team of lawyers, all working on your side. We are located in Virginia Beach, VA, and serve clients who were injured anywhere in Virginia or North Carolina.

301 Bendix Road, Suite 460
Virginia Beach VA 23452
Ph: 757-352-2237 | Fax: 757-994-8910