If you are involved in a car accident in Virginia, the at-fault driver is responsible for compensating you for your losses, including medical expenses, lost wages, and property damage. However, if you are at fault for causing the accident, you will be liable for the damages. There are a number of circumstances where you are more likely to be considered at fault, including rear-ending another vehicle, driving while distracted, and drunk driving.
Even if you are only partially responsible for causing the accident, you will be unable to recover any damages as Virginia follows the pure contributory negligence rules, which state that you are prohibited from recovering damages if you are even one percent at fault. If you are even partially at fault for causing a car accident in Virginia, it is highly recommended that you contact an experienced car accident lawyer as soon as possible.
How Is Fault Determined After a Car Accident?
Most car accidents in Virginia are based on the legal doctrine of negligence. The following are the elements of negligence that must be established in order to prove fault:
- You have a duty to obey the rules of the road and drive in a reasonable and safe manner.
- You engaged in behavior that breached this duty.
- Your careless behavior caused the other driver to suffer injuries.
- The injuries resulted in financial losses.
In order to prove each element of negligence, the other motorist will need to present evidence, which may include the following:
- Photographs from the crash scene.
- Eyewitness testimonies.
- Copy of the police report, which may identify the motorist who is at fault.
- Cell phone records that can prove that you were talking or texting on your phone at the time of the accident.
- Blood or urine test results that can prove that you were under the influence of drugs or alcohol at the time of the accident.
What Are the Most Common Causes of Car Accidents Where You Could Be Liable?
Depending on the type of car accident and the events leading up to the crash, it may be unclear in the moments immediately following the accident who is at fault. However, liability is often much clearer in the following types of accidents:
- Rear-End Accidents: If you rear-ended another vehicle, you will likely be found liable for the accident. In most cases, these accidents do not cause serious injuries unless a pedestrian, cyclist, or motorcyclist is involved. Rear-end accidents commonly occur at traffic lights, parking lots, in the middle of the road if a motorist is turning or yielding to a pedestrian, or on the freeway during stop-and-go traffic.
- Head-On Collisions: These devastating accidents often occur when the at-fault motorist swerves into oncoming traffic or enters an onramp going in the wrong direction. Oftentimes, these are caused by distracted driving, drowsy driving, or drunk driving.
- Distracted Driving Accidents: This is one of the most common, yet preventable, causes of car accidents. If you are talking on the phone, texting, checking social media, or engaging in any other behavior that takes your attention away from the road, you will likely be held liable for a resulting accident.
- Drunk Driving Accidents: In addition to being extremely unsafe and irresponsible, drunk driving is illegal. If you get behind the wheel after consuming too much alcohol, this can cause a range of impairments, including reduced coordination, impaired judgment, and slower reaction times. If a breathalyzer test confirms that you are under the influence of alcohol, you will be held liable for the accident. You could also face criminal charges.
- Running a Red Light: One of the most serious car accidents that can occur from driving through a red light is a side-impact collision or a T-bone accident. These accidents often cause very serious injuries since the side of a car does not provide the same degree of protection as other parts of the car. If you caused a side-impact accident after driving through a red light or a stop sign, you will likely be considered at fault.
- Speeding Accidents: If you were exceeding the speed limit at the time of the accident, you will likely be found at fault for the accident. Speeding-related accidents often result in serious injuries due to the extreme force of impact.
- Reckless Driving Accidents: Examples of reckless driving that can cause serious car accidents include tailgating, weaving in and out of traffic, ignoring traffic signals, and cutting off other drivers. If you are involved in a car accident while driving recklessly, you will likely be held liable for the accident.
How Does the Contributory Negligence Rule Impact My Case?
The vast majority of states follow comparative negligence rules, which state that you can recover damages even if you were partly to blame for causing the accident, but the total damages will be reduced by the percentage of your share of liability. Virginia is one of the few states that follow the contributory negligence rules, which prohibits you from recovering any damages if the other motorist involved in the accident can prove that your negligence contributed even slightly to the accident.
For example, if the other driver was 99 percent at fault, and they are able to prove that you are one percent to blame, contributory negligence rules state that you are ineligible to recover any damages. A highly skilled car accident lawyer will determine whether negligence was a factor and recommend the best legal course of action to help you avoid liability and recover the compensation you deserve.
Virginia Beach Car Accident Lawyers at Anchor Legal Group, PLLC Seek Compensation for Car Accident Victims
If you were involved in a car accident, it is in your best interest to contact the Virginia Beach car accident lawyers at Anchor Legal Group, PLLC as soon as possible. To schedule a free, confidential consultation, call us today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we serve clients in Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and Eastern Shore, Virginia.