Virginia Beach Car Accident Lawyer

What to Do After a Car Accident?

After a car accident in Virginia Beach, it's important to take the necessary steps to protect your rights and ensure a smooth legal process. Some steps you should take following an auto accident include:

• Prioritize Safety: Check yourself and others who were involved in the accident for injuries. If there are serious injuries involved, immediately call 911 for medical assistance. Otherwise, to avoid further danger, move to a safe location if possible.
• Contact the Police: Dial 911 and report the accident to the Virginia Beach Police Department. Make sure to request that an officer comes to the scene to investigate and file an accident report.
• Exchange Information: While you are waiting for police officers to arrive, it's important to exchange contact, insurance, and vehicle information with the other driver(s) involved. Information you should look to obtain includes their full name, phone number, address, license number, license plate number, insurance company, and policy number. In addition, gather information from any potential witnesses present, including their names and contact details.
• Document the Scene: Take clear and detailed pictures of the accident scene. This should include the position of the vehicles, damage that was sustained, and any relevant road conditions.
• Seek Medical Attention: Even if you believe your injuries are not severe, seeking medical attention is essential. Some injuries may not manifest instantly but could have long-term consequences. 
• Notify Your Insurance Company: It's important to report the accident to your insurance company immediately. Provide them with accurate and very detailed information about the incident. However, remember to be cautious when discussing fault or admitting liability, as insurance adjusters may use this information against you. 
• Work with an Auto Accident Lawyer: Contact a reputable car accident lawyer in Virginia Beach who is experienced in personal injury cases. They will provide legal guidance and protect your rights throughout the process. 
• Preserve Evidence: Preserve any evidence that is related to the accident, such as medical records, photographs, repair bills, and witness statements. This evidence can help support your claim and establish liability. 
• Be Cautious with Settlement Offers: Insurance companies could offer a settlement early on, but it's important to consult with your lawyer before accepting any offers. They will evaluate the offer's adequacy and negotiate for a fair settlement that will consider all your losses, that includes medical expenses, property damage, lost wages, and pain and suffering.
• Follow Legal Deadlines: The state of Virginia has specific statutes of limitations that define the time within which you must file a personal injury lawsuit after a car accident. Your lawyer will ensure all legal deadlines are met, so it's crucial to work closely with them and promptly provide any requested information.

What is the Statute of Limitations For Car Accidents in Virginia?

A statute of limitations is a state-mandated time limit on a person’s right to establish a lawsuit in court. In Virginia, 3 different statutes govern a person’s right to file a lawsuit after an auto accident.

• After an auto accident-related injury, a person has 2 years from the date of the accident to file a claim. This person could be a driver, passenger, or even a pedestrian; anyone who sustains an injury as the result of an automobile accident has the right to file a lawsuit. 
• Additionally, people whose property was damaged in connection with a car accident have 5 years to file a lawsuit. 
• If the car accident resulted in a fatality, their family or representative can file a lawsuit. This party has 2 years from the date of death to file a lawsuit.

What is Contributory Negligence?

Virginia abides by a contributory negligence rule, which means that a party seeking compensation for an auto accident may not receive any if they are partially to blame for the accident. For example, if a pedestrian was struck by a car while using the crosswalk, a court will investigate whether the injured party heeded all pedestrian laws before crossing the street. If the pedestrian was in violation of any crossing regulations at the time of the accident, they could be considered partly at fault and, therefore, unable to claim compensation.

What is Comparative Negligence?

Unlike contributory negligence, comparative negligence weighs each party’s contributions to an accident to decide how much compensation the injured party should receive. There are 2 ways a court handles comparative negligence:

1. Pure Comparative Negligence: The injured party’s damages are totaled and reduced by their contribution to the injury. For example, if a court decides the injured party is 25% at fault for the accident, the compensation they receive will be reduced by 25%.
2. Modified Comparative Negligence: If an injured party is found to be 50% or more at fault for the accident, they will not receive compensation for their injuries.