Motor vehicles are the most dangerous products in America. They cause more injuries and deaths than any other product sold.
The numbers are staggering. Last year there were more than 6 million motor vehicle crashes nationally. Of these wrecks, roughly 2 million caused injuries. And more than 34,000 auto accidents caused death. At least 30,000 people have died in car wrecks each year since 1946.
The number of car accident injuries and deaths tells just part of the story. There are also enormous social costs from traffic crashes.
Those of you hurt in an auto accident may have large medical bills and require future treatment. And if your injuries are severe, you may lose income from work or even have to change careers, if you’re able to work at all after the car accident. Your medical expenses and wage loss are known as economic damages.
Your motor vehicle accident may also cause pain and suffering. These damages, called non-economic injuries, are often worse than the physical injuries.
You are aware that the law may provide financial help. But how do you know if you have a strong car accident claim or how to navigate the Virginia judicial system to recover monies for your losses?
This article aims to answer those questions – and more.
I’m Corey Pollard, a Virginia injury attorney specializing in cases involving motor vehicle collisions (including motorcycle and truck accidents), workers compensation, and traumatic brain injury. Welcome to my guide to car accident law in Virginia. I hope this information helps you protect your legal rights and successfully resolve your case.
If you have questions after reading this guide, call me for a free consultation: (804) 251-1620 or (757) 810-5614. See why my fellow attorneys and past clients have voted me one of the top personal injury lawyers in Virginia. I will help you get every penny you’re owed from the negligent driver and their auto insurance company – either through a car accident settlement or a trial by jury.
Virginia has over 6 million licensed drivers and 8 million registered vehicles. These drivers and vehicles traveled about 87 million miles last year.
Unfortunately, the high numbers of drivers, vehicles, and miles result in large numbers of car wrecks, injuries, and fatalities. Virginia car accidents alter the lives of tens of thousands of people each year, resulting in severe injuries, lost wages, and medical expenses.
The Virginia Highway Safety Office and the Centers for Disease Control and Prevention (CDC) track the number of motor vehicle collisions and their causes. The data from 2018 shows:
The majority of car accidents in Virginia involve multiple vehicles.
Seventy-one percent of crashes state-wide involved two or more vehicles, with about 29 percent involving only one car.
Single-vehicle crashes, however, were more deadly. More than half of all auto-accident fatalities resulted from single-vehicle accidents.
Below is a list of the Virginia counties and cities with the most car crashes. The number in parentheses is the number of wrecks in the locality in 2018.
The National Safety Council calculated the costs of motor-vehicle crashes using data from wage and productivity losses, medical expenses, administrative expenses, property damage, and employers’ uninsured costs.
On a per death basis, the cost of all motor vehicle crashes (fatal, nonfatal injury, and property damage) was $11,280,000. These figures include the cost of one death, 53 nonfatal disabling injuries, and 264 property damage crashes with minor injuries.
The average economic costs by injury or severity crash in 2018 were:
In addition to calculable economic costs, the National Safety Council evaluated the total costs of motor vehicle collisions. These figures tried to measure the value of lost quality of life.
In 2018, the average comprehensive costs on a per injured person basis were:
To maximize your case’s value, I recommend using lay witnesses and expert witnesses such as economists and life care planners to present an estimate of the costs of your injuries.
After a motor vehicle crash, the steps you take impact your health and ability to recover monies for losses caused by the other driver.
Under Virginia Code Sections 46.2-894, the driver of any vehicle involved in an automobile accident resulting in injury, death, or property damage must stop near the accident scene.
You should call 911 to report the accident and seek medical assistance. The law requires you to give your name, residential address, driver’s license number, and vehicle registration number to the State Police or local law enforcement agency. You must also share this information with other persons involved in the crash.
I recommend giving your telephone number and email address to the other driver also.
If any person injured in the accident needs medical attention, you must give reasonable assistance if you’re physically or mentally capable. Practical help includes taking the injured person to a physician, surgeon, or hospital or calling emergency medical services.
After calling the police to report your accident and obtaining the other driver’s contact, vehicle, registration, and insurance information, you should write down details from the crash scene.
The following details could help you prove liability and damages in your auto accident case:
You should also take photographs and videos of the accident scene, vehicle and property damage, and injuries. If you’re unable to take photos or videos, I recommend sketching the accident scene.
I recommend going to the hospital or seeing your primary care physician as soon as possible – even if you think you’re ok or that you have minor injuries.
In addition to protecting your health, visiting a medical professional creates a paper trail that you can use to show that you suffered injuries in the crash. This documentation is vital if your injuries worsen a few days later. I’ve seen many defendant drivers and insurance companies allege that injuries are unrelated to the car crash because of the delay in seeking medical attention.
You should report your car accident to your auto liability insurance carrier soon after the crash.
Most auto insurance policies include a cooperation clause. This contractual language requires you to notify your insurance company promptly and to cooperate in its investigation.
Reporting the crash to your insurance company can protect you if the negligent driver alleges that you were at fault. It can also protect your right to recover under your underinsured motorist or uninsured motorist coverage if the other driver does not have insurance or their policy is inadequate to pay for all your losses.
You should call the at-fault driver’s insurance company when you get off the phone with your insurance company.
Tell the insurer what happened and whether you suffered injuries or property damage. You should receive a claim number during this phone call.
Within a few hours or days, a claim adjuster will call you. Do not give a recorded statement to the at-fault driver’s insurance company without talking with an attorney first. Doing so may cost you tens of thousands of dollars.
There are five things to avoid doing after an auto accident:
The same legal principles decide car accident claims as most other types of personal injury cases. These are the principles of tort law.
State law governs tort law claims. And each state has unique rules. A law from another jurisdiction will not apply to your Virginia car accident claim, which is why hiring a local lawyer is essential.
Under tort law, you must prove liability. Liability is the legal term for fault or responsibility for an accident. It is the starting point for every personal injury claim.
Virginia is not a no-fault car crash state. To recover damages in an auto accident case, you must prove that the other person or business did something that the law recognizes as wrong. If you are unable to prove liability, then you cannot win your case.
Usually, you prove liability by showing that the other person or business was negligent. However, some injury claims involve intentional torts, meaning the person wasn’t just careless but acted with purpose. And others involve strict liability. This means that a person or company is at fault for harm, even if they did nothing wrong.
The defenses available in other types of personal injury actions are also available in automobile accident cases. For example, most states will allow you to recover monetary damages, even if you were partially responsible for the accident. But a handful of jurisdictions – including Virginia – will not. Instead, these states follow the contributory negligence doctrine, which bars an award of damages if you contributed to the accident. Even if only a little bit.
Though other legal theories are available, negligence is the basis for the majority of automobile accident cases. Deciding who is at fault for the car wreck requires determining who acted with carelessness or forgetfulness and made a mistake.
It is easy to prove that the defendant driver was negligent and caused your car crash in some cases. For example, you will have no problem proving negligence if an intoxicated driver ran a red light while speeding and struck you while you were legally crossing with the light a crosswalk.
But proving driver negligence in other motor vehicle accident cases is more complicated and requires an investigation of all possible causation theories.
Depending on when and how your case resolves, three entities will investigate the car accident to determine who was at fault – the police, the insurance company, and the court (judge or jury).
A police officer will respond to the accident scene and investigate. This investigation may include interviewing the drivers, passengers, and any witnesses. The police officer may also view photographs or video footage taken by the drivers, passengers, or witnesses.
The officer’s goal is to get enough information to complete a Police Crash Report. This report contains the officer’s written recollections and opinions. It may also include information and evidence to establish liability, such as whether the other driver was speeding or following too closely.
The officer files the report with their police department report and the Commonwealth of Virginia’s Department of Motor Vehicles. Make sure you request a copy.
Many police reports do not decide who is at fault. And even if your accident report does decide, this does not mean that the other driver will be held legally responsible for your injuries. But it can help.
In addition to completing a crash report, the police officer may issue one or more traffic citations. A traffic citation, which is informally called a traffic ticket, is a written notice given by law enforcement that accuses the driver of violating a traffic law.
Standard tickets involve speeding, running a stoplight or stop sign, making an unlawful turn, or following too closely. If the driver is found guilty of the accusation, they may have to pay a fine.
Though a traffic citation is not automatic proof that the other driver was negligent and therefore responsible for your injuries after a car accident, you can use the traffic citation as evidence in your case. A finding of guilt is proof of liability and can help you negotiate a car accident settlement.
As discussed above, one of the first things you should do after your car accident is to file a claim with your insurance company and the other driver’s insurance company.
After you file a claim, the other driver’s insurer will assign your file to a claim adjuster. An adjuster is an insurance company employee who reads the police report, requests your medical records, and might ask you to give a recorded statement. Using this information, the adjuster will decide who they believe is at fault for the car accident and what defenses may apply to the claim.
The adjuster will likely make a settlement offer if it finds that its insured is at fault for the car crash, not you.
The adjuster’s findings on fault and your losses are not binding. You can – and often should – dispute them.
If the insurance company refuses to make a fair settlement offer, your attorney will file a personal injury action with a court with jurisdiction over the case.
You may choose whether a judge or jury decides who was at fault for the car crash. If you allow a judge to make the decision, you will have a bench trial. If you allow a jury of your peers to decide, you will have a jury trial. Only some courts in the judicial system allow jury trials.
After listening to opening and closing statements from the parties to the lawsuit and other evidence presented, the court will decide who was negligent. This evidence may include testimony from the drivers and passengers involved in the car accident, people who witnessed the accident, the police officers who arrived at the scene of the accident and investigated, and expert witnesses such as medical providers, vocational rehabilitation counselors, and accident reconstruction experts. It may also involve the presentation of any traffic citations issued to the other driver.
If the court determines the other driver’s negligence caused the collision, it will award you monetary damages to compensate you for your injuries and other losses related to the crash. The defendant is responsible for paying this amount.
Police reports and insurance company determinations do not determine whether you win your injury lawsuit. The Rules of Evidence may even prevent the presentation of this information.
Virginia’s motor vehicle safety code, common law, and civil jury instructions serve as guides to proving that the defendant driver was negligent and violated a safety rule, needlessly causing you physical injury and pain and suffering. It is easier to explain negligence and the failure to act with ordinary care if you can point to statutes to prove negligence per se, which is a fancy term for negligence as a matter of law.
Typical examples of driver negligence include:
Distracted driving is the number one cause of car accidents.
Examples of distracted driving include:
There are two ways to prove that a driver acted negligently by speeding.
First, a defendant driver is negligent if they were driving their vehicle faster than the maximum speed limit at the collision time and place. The more miles per hour over the speed limit they were traveling, the more likely it is you can persuade the judge or jury that the other driver’s negligence caused your car accident.
Second, you can prove that the defendant driver was negligent if they were driving their vehicle within the posted speed limit but faster than they should have based on the weather or roadway conditions.
Speeding is a common cause of car accidents because the faster the other driver travels, the less time the persons involved in the crash have to react and avoid harm.
When a person consumes enough alcohol or drugs to affect their manner, speech, muscular movement, hand-eye coordination, behavior, or appearance and then drives, they are negligent.
An intoxicated driver may be liable for punitive damages if a blood or breath test shows the driver had a blood alcohol concentration of .15 or higher at the time of the crash.
You may also be entitled to punitive damages from an intoxicated driver if the driver refused to submit to a test of their blood alcohol content.
A red light means you must stop.
If the driver who struck you failed to stop or did not remain stopped at a steady red light before making sure it was safe to continue driving, they were negligent.
When a driver ignores a stop sign at an intersection or fails to yield the right of way to an approaching vehicle before starting to drive, they are negligent.
A driver is negligent if they follow you too closely based on the speed of both vehicles, the flow of traffic, and the roadway’s weather and conditions at the time of the crash.
If you are hurt in a rear-end collision where the defendant driver strikes your vehicle while you are lawfully stopped or coming to a stop in your lane of travel, you will likely be able to prove that the other driver’s negligence caused your damages.
A driver must use ordinary care to keep their vehicle under proper control and reasonable speed based on the existing conditions.
If a person causes an accident because they are driving too fast and lose control based on rain, snow, ice, fog, or wind, they are negligent.
A driver who is overtaking and passing another vehicle traveling in the same direction must not drive to the roadway’s left side unless the left side is visible and free of oncoming traffic for a sufficient distance to pass the other car safely. The driver must also go at least two feet to the left of that vehicle.
A driver is negligent if they weave in and out of traffic and cause an accident.
Driver fatigue is a common problem and a common cause of motor vehicle accidents, especially tractor-trailer crashes.
When a driver turns down a one-way street and travels against the direction of traffic or drives on the wrong side of a two-way highway, there is an increased likelihood of a car accident.
The driver traveling the wrong direction is negligent and liable for injuries suffered in the collision.
A person who is driving too slowly is often just as dangerous as a person who is speeding.
The driver of a vehicle has a duty not to drive at such a slow speed that it impedes or stops the normal and reasonable traffic flow unless operating the car at a reduced rate is necessary for safety reasons.
Suppose the defendant driver was driving too slowly. In that case, you might be able to prove they acted negligently and recover damages even if there was not a posted minimum speed at the time and place of the collision. If there was a posted minimum speed and you can prove the other person was operating their vehicle below that speed, you can prove negligence.
Further, a person driving below the speed limit must stay in the right lane unless they are passing another vehicle.
An automobile driver must drive on the right half of the highway unless they are lawfully overtaking and passing another person while using ordinary care.
A driver is negligent if they fail to give, as nearly as possible, one half of the roadway to you if you are driving in the opposite direction.
A driver is negligent if they move their vehicle from a single lane into another lane without using ordinary care to switch lanes safely.
For example, sideswipe collisions often result from a driver’s failure to stay in the proper lane.
A driver is negligent if, after yielding to other vehicles and pedestrians lawfully within the intersection, they fail to drive through the intersection in the direction of the green signal.
All drivers must keep a proper lookout for other persons and vehicles. This means you must use ordinary care to look in all directions for people, vehicles, weather, and highway conditions that may affect your driving and act as a reasonable person would have to avoid a collision under the circumstances.
You must use ordinary care to keep your vehicle’s windows clear so that you can view the roadways and maintain a proper lookout.
Every car, truck, or bus must have brakes in good working order.
In Virginia, this means a driver must be capable of stopping the vehicle within the required distance found in Virginia Code Section 46.2-1067 when the car is traveling at 20 miles per hour on a dry, level stretch of highway in good condition.
The required stopping distances for motor vehicles are:
Every motor vehicle must have at least two brake lights that show a red or amber light visible from a distance of 500 feet in clear weather.
Every motor vehicle must have at least two headlights at the front of and on opposite sides of the car.
When the low beams are on, the headlights must be non-glaring and capable of showing persons and objects at least 100 feet ahead.
When the high beams are on, the headlights must be capable of showing persons and objects that are at least 350 feet ahead.
You can prove driver negligence if the defendant driver’s headlights were not operating correctly or were not on at the time of the crash.
The rear of every motor vehicle must have two red lights visible from a distance of 500 feet in clear weather.
Every motor vehicle must have mechanically or electrically operated windshield wipers that clean both sides of the windshield.
A driver is negligent if:
A driver is negligent if they fail to give a visible left turn signal, right turn signal, or brake light continuously for a distance of at least 100 feet, and that failure results in a collision.
Many auto accidents result from one person’s failure to yield.
When two vehicles enter an intersection simultaneously, the driver on the left must yield the right-of-way to the driver on the right.
Further, the driver of a vehicle entering an intersection with a yield sign must yield the right of way to oncoming traffic.
Violating either of these rules is considered negligence.
A driver is negligent if they stop their vehicle on the highway and impedes traffic or endanger others using the road.
The exception to this rule is that drivers are not negligent if they stop on the highway because of an emergency, an accident, or because their vehicle broke down.
A driver is negligent if they fall asleep while operating a motor vehicle.
In addition to the other driver, you may have a negligence claim against the following persons and entities arising from your car crash:
An important factor in determining whether or not you have a strong injury claim is collectability.
Collectability refers to the defendant’s ability to pay the judgment.
A jury verdict or default judgment is a piece of paper. Even a verdict for millions of dollars is worth nothing unless you can collect the money from the defendant.
Unless the defendant is a wealthy individual or a large company, you will need an insurance company such as State Farm, Geico, Nationwide, Allstate, or Farmers to pay the judgment.
Your pre-litigation investigation should determine what insurance coverage is available. A proper analysis includes third-party insurance coverages and first-party insurance, such as Medical Payments (MedPay) and Uninsured Motorists’ coverage.
Virginia requires drivers to show that they can pay for losses caused by motor vehicles they own or operate.
There are two ways to satisfy this requirement: 1) purchasing car insurance or 2) paying an uninsured motorist vehicle fee.
If you certify that an auto insurance contract covers your vehicles, the policy must have the following minimum limits of liability:
Virginia Code Section 46.2-472 states these insurance requirements.
In addition to bodily injury and property damage liability insurance, you must also purchase uninsured/underinsured motorist coverage (UM) if you buy auto insurance. This type of coverage provides bodily injury and property damage protection if an uninsured motorist or inadequately insured driver causes your injuries or if you’re hurt in a hit and run accident.
Unfortunately, many Virginia drivers are either uninsured or underinsured. If there is no insurance available or the existing policies are inadequate, conduct an asset search to see if there are assets to satisfy a potential judgment.
Suppose collectability is a problem because your injuries’ seriousness is greater than the monies available to pay a judgment. In that case, you may need to adjust your settlement valuation for the injury claim.
For more information on this topic, read my articles: Types of Auto Insurance Coverage and Car Insurance Requirements in Virginia.
Though proving liability is a good start, you need more to have a strong personal injury claim. You must also have actual, significant damages. Otherwise, it makes no sense to file a lawsuit.
A good personal injury case is one with permanent injuries that significantly impact your daily life. If you can convince the judge, jury, or insurance adjuster that the injuries caused a significant disruption in your life, you have a better chance of receiving a fair settlement.
There are two types of damages in car accident claims: compensatory damages and punitive damages.
Compensatory damages include economic and non-economic damages calculated to put you in the position you would have been in had the car crash never occurred. They include:
Virginia personal injury laws allow you to seek punitive damages in car accident cases.
Punitive damages punish the negligent driver. But not every case calls for punitive damages. You should seek these damages only if the defendant acted recklessly or intentionally. For example, it’s reasonable to seek punitive damages if the defendant driver was drunk at the time of the crash.
You must be careful when pleading punitive damages. Virginia law caps these damages, so you may want to focus on compensatory damages to avoid a reduced jury verdict.
Virginia Code Section 8.01-243 establishes the statute of limitations for car accident claims in Virginia. Under this statute, you have two years from the auto accident date to file a claim for damages in civil court.
Other statutes of limitations may apply in wrongful death cases involving fatal car crashes and claims on behalf of children or infants injured in the wreck.
No.
Only a small percentage of car accident claims are decided in court. Many more are resolved by negotiation or mediation resulting in settlement.
A trial is necessary only if you are unable to reach a fair settlement with the insurer. A personal injury lawyer can help you get a fair settlement offer because the insurance company is more likely to believe you’ll take your case to trial if you have legal representation.
No.
You may receive workers compensation benefits through your employer if you suffer injuries in a work-related motor vehicle accident. These benefits include temporary total disability, lifetime medical coverage, and permanent partial disability benefits.
You can still pursue a third-party action against the negligent driver and parties other than your employer, even if you’re receiving wage loss benefits under workers comp laws. However, you may want to negotiate a workers compensation settlement before resolving your car accident claim so that you can reduce the amount of the workers comp lien on that case.
You can handle your auto accident claim on your own. And sometimes there is no reason to hire an attorney. But usually, this is a mistake.
The data shows that accident victims that hire an attorney recover more money through settlement than those that don’t – much more. This is because an experienced and skilled lawyer knows how to develop and present a case to get the most money from the insurance company or jury possible.
The general rule is that the more severe your injuries, the more likely you will require an auto accident lawyer to get fair compensation. You may make a critical mistake if you try to represent yourself. And a mistake in negotiating an auto accident claim or healthcare provider lien can cost you tens of thousands of dollars. Hire one of the best car accident attorneys in Virginia to maximize your financial recovery while focusing on your health. Call now for a free consultation: (804) 251-1620 or (757) 810-5614.