A Primer on Motor Vehicle Crashes in Virginia: What Every Driver Should Know
Motor vehicle crashes can happen in an instant, but the consequences can last for months or even years. Medical bills, vehicle damage, lost wages, insurance disputes, and serious injuries can quickly turn an ordinary day into a complicated legal and financial situation.
If you are involved in a car accident in Virginia, understanding the basics of Virginia motor vehicle accident law can help you protect yourself and make informed decisions. This guide provides an introduction to some of the most important issues that can arise after a Virginia motor vehicle crash.
What Should You Do After a Car Accident in Virginia?
The moments immediately following a crash can be confusing. Your first priority should be safety.
If you are involved in a motor vehicle accident, consider taking the following steps when you can safely do so:
Check for injuries. Determine whether you, your passengers, or anyone else involved may need emergency medical assistance.
Call 911 when appropriate. Police and emergency medical personnel can respond to the scene and document important information.
Move to a safe location when possible. Avoid remaining in a dangerous roadway if the circumstances allow you to move safely.
Exchange information. Obtain the other driver's name, contact information, driver's license information, vehicle information, and insurance information.
Document the accident scene. Take photographs or video of the vehicles, damage, roadway, traffic signals, skid marks, debris, and other relevant conditions.
Identify witnesses. Obtain contact information from anyone who witnessed the crash.
Seek medical attention. Some injuries may not become fully apparent immediately after a collision.
Preserve your records. Keep medical bills, repair estimates, photographs, correspondence, receipts, and other documents connected with the crash.
The information available immediately after an accident may become important if liability or the extent of someone's injuries is later disputed.
Understanding Fault in a Virginia Car Accident
Determining who caused a motor vehicle crash is one of the central issues in many Virginia accident claims.
Evidence that may help establish how a collision occurred can include police reports, photographs, witness statements, vehicle damage, video footage, physical evidence from the roadway, electronic vehicle data, and testimony from the drivers involved.
Common causes of Virginia motor vehicle accidents include:
Speeding
Following too closely
Distracted driving
Failure to yield
Unsafe lane changes
Running a red light or stop sign
Driving under the influence
Reckless driving
Driver fatigue
Some crashes are relatively straightforward, while others require a detailed investigation to determine what happened.
Virginia's Contributory Negligence Rule
One particularly important aspect of Virginia personal-injury law is the Commonwealth's treatment of contributory negligence.
In a negligence case, the conduct of the injured person can become an important issue. If an injured person is found to have been contributorily negligent and that negligence was a proximate cause of the accident, it can potentially prevent recovery.
For that reason, statements about how an accident occurred can have significant consequences. An insurance adjuster's questions may appear routine, but statements concerning speed, attention, vehicle position, or what happened immediately before the collision can later become part of a dispute over liability.
What Compensation May Be Available After a Virginia Car Accident?
The damages available depend on the circumstances of the individual case. When another person's negligence causes an accident and injuries, a claim may potentially involve compensation for losses such as:
Medical expenses: Emergency treatment, hospitalization, physician visits, physical therapy, diagnostic testing, medication, surgery, and other reasonable medical expenses related to the accident.
Lost income: An injury may prevent someone from working temporarily or, in serious cases, affect the person's future ability to earn income.
Pain and suffering: Physical pain and the impact an injury has on someone's daily life may be relevant to the damages claimed.
Property damage: A claim may involve the cost of repairing or replacing a damaged vehicle and other damaged property.
Future losses: Serious injuries can result in future medical treatment, diminished earning capacity, or long-term physical limitations.
The existence and value of any particular category of damages depends upon the evidence and facts of the individual case.
Virginia Auto Insurance Requirements
Insurance coverage can play a major role in determining what happens after a motor vehicle accident.
For Virginia motor vehicle liability policies effective on or after January 1, 2025, the statutory minimum liability limits are $50,000 for bodily injury or death to one person, $100,000 for bodily injury or death to two or more people in one accident, and $25,000 for property damage. Drivers should remember that these are minimum limits and do not necessarily represent the total insurance coverage available in every accident.
After a serious collision, determining the available insurance coverage may require reviewing multiple policies and potentially identifying coverage applicable to more than one vehicle or insured.
What If the Other Driver Does Not Have Enough Insurance?
A serious injury can result in damages that exceed an at-fault driver's liability insurance coverage. Accidents may also involve drivers who are uninsured.
Depending on the applicable policies and circumstances, uninsured motorist (UM) or underinsured motorist (UIM) coverage may become important.
An insurance investigation following a significant accident should therefore involve more than simply determining whether the other driver has an insurance card. Identifying all potentially applicable insurance policies can be an important part of evaluating a motor vehicle accident claim.
How Long Do You Have to File a Virginia Car Accident Lawsuit?
Deadlines are extremely important.
Under Virginia Code § 8.01-243, a personal-injury action generally must be brought within two years after the cause of action accrues. Virginia law generally provides a different limitations period for actions involving injury to property.
There are exceptions and circumstances that can affect applicable deadlines, so an injured person should not assume that a particular deadline applies without considering the specific facts of the case.
Waiting can also create practical problems even when the legal deadline has not expired. Witnesses can become difficult to locate, surveillance footage can be erased, vehicles can be repaired or destroyed, and other evidence can disappear.
Should You Talk to the Insurance Company?
After an accident, you may receive telephone calls from an insurance adjuster requesting information or a recorded statement.
Remember that an insurance company's investigation serves the insurer's interests. Before providing a detailed recorded statement, signing documents, or accepting a settlement, consider whether you fully understand the nature and extent of your injuries, your potential future medical needs, and the legal consequences of the proposed action.
A settlement generally involves resolving a claim in exchange for payment. Once a claim has been legally released, discovering later that an injury is more serious than originally believed can create significant problems.
When Should You Contact a Virginia Car Accident Attorney?
Not every minor collision requires an attorney. However, speaking with a Virginia personal injury lawyer may be particularly useful when an accident involves serious injuries, disputed liability, multiple vehicles, an uninsured or underinsured driver, significant lost wages, permanent impairment, or disagreement with an insurance company concerning the claim.
An attorney can investigate the accident, preserve evidence, communicate with insurers, identify potentially available coverage, document damages, negotiate a claim, and, when appropriate, pursue litigation.
The Bottom Line After a Motor Vehicle Crash in Virginia
A motor vehicle accident can create medical, financial, insurance, and legal problems at the same time. Knowing what to do following a collision can help protect important evidence and reduce avoidable mistakes.
If you have been injured in a car accident in Virginia, document what happened, obtain appropriate medical care, preserve relevant records, and understand your legal options before resolving your claim.
Every motor vehicle accident is different. The appropriate course of action depends on the specific circumstances of the crash, the injuries involved, available insurance coverage, and Virginia law.
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This article is provided for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.
Contact our office to schedule a consultation and learn more about your rights after a car accident.
This article is provided for general informational purposes and does not constitute legal advice. Every accident and personal injury claim is different.
If you have more questions or want to speak with me, you can always visit our Home page by clicking on this link to read more or to set up a free consultation with a lawyer. You can also call or text us at 757-454-2110. We also have on our site an online consultation form. Again, our initial consultation with a lawyer about your case is free so it costs you nothing to call and ask your questions.
And do not forget to scroll to the bottom as there may be related posts that answer other questions that you have or did not think of when you found this post. Thank you for reading this and I appreciate your time.
/s/ Brian
You can always call or text us at 757-454-2110
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