Virginia Beach Car Accident Attorney
Motor vehicle accidents happen far too often, and statistics reported by the Virginia Department of Motor Vehicles are proof: Traffic Crash Facts reveals that there were 6,741 in Virginia Beach City in 2017, 25 of which were fatal. Another 3,416 suffered injuries ranging from minor to life-threatening. These victims suffer devastating losses as they try to recover, and entire families are affected by such tragedies.
Negligence in Virginia Car Crash Claims
Most auto accidents are the result of careless, irresponsible driving by other motorists. In the practice of law, the concept is termed negligence. To recover compensation, you must show that the responsible driver breached the duty to exercise reasonable care and that you were hurt as a result. Examples of negligence in car crashes include:
- Speeding;
- Driving while drunk or under the influence of drugs;
- Texting, using a phone, and other forms of distracted driving;
- Failure to yield; and,
- Many more.
Seek Monetary Damages for Your Losses
In most auto accident claims, you do not directly sue the other motorist. You will file a claim with the insurance company that provides the driver with liability coverage. Insurers are notoriously stingy when processing claims, as they do not make money by paying out large sums to victims. The claims adjuster may blame you for the accident or contest the severity of your injuries. If you cannot reach an agreement to settle your claim with the insurance company, you may need to resort to litigation.
Whether through an insurance claim or in court, there are two types of compensation available in an auto crash case.
- Economic damages, such as your medical expenses and any lost wages you sustain from missing work;
- Non-economic damages, which are more subjective losses. This category includes pain, suffering, emotional anguish, scarring, and diminished quality of life you experience due to your injuries.
Potential Limitations on Your Auto Collision Claim
Even if you can prove the elements of a claim for negligence, there are legal issues that could affect your rights. For one, Virginia has a statute of limitations for car accident cases. You need to sue in court within two years after the incident, or you cannot recover any compensation for your losses.
In addition, Virginia follows a harsh rule called contributory negligence. If you were also negligent in causing the motor vehicle collision, you are barred from obtaining any amount of monetary damages. It does not matter if you were less at fault; contributory negligence principles bar your recovery.
A Virginia Beach Car Accident Attorney Can Provide More Information
If you were injured in an auto crash and want to know more about your rights under Virginia law, please call Hampton Injury Law to set up a consultation. A Virginia Beach car accident lawyer can answer your questions and tell you more about how the process works.
