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Virginia Laws to Know Before Filing a Car Accident Claim

Car accidents and deaths due to automobile accidents are not unusual incidents in Virginia. In the year 2018 alone, more than 130,000 car accidents were recorded, and over 819 people lost their lives. According to the CDC report, the motor vehicle occupant death rate in Virginia is 6.8 per 100,000. Being a car owner or driver in Virginia, one must be aware of the state’s traffic laws. Knowing the law and various car accident provisions will help you ensure the timely resolution of the lawsuit. One must also consult a personal injury lawyer Virginia Beach VA immediately after getting into a car accident.

If you or someone in your family has gotten into a car accident and are wondering what should be your next course of action, you must read about Virginia’s car accident laws.

The one thing every car driver should know that Virginia is an At-fault Car Accident State. Now, what does this mean to someone who has injured in a car accident?

In Virginia, the driver responsible for the accident is held liable for injuries and damages caused to the victim of the accident. However, proving the fault of the driver is difficult. If you have sustained injuries or property damage in a car accident, you can seek compensation for them.

Besides this, the Virginia car accident law has a contributory negligence rule. Meaning, the victim of the car accident is not entitled to any compensation if it’s established that they have contributed to the cause of the accident in some way. Although various other states have no-fault and comparative negligence rules, the Virginia state traffic laws significantly limit monetary settlements in car injury lawsuits. The contributory negligence rule is put to use by insurance adjusters to settle the accident claims outside the court.

Victims of car accidents who are not found to be negligent can seek compensation for injuries they have received and the damages that have been caused to their property. If personal injury lawyers in Virginia can prove that you are a blameless victim of the car accident, you can file a lawsuit and claim compensation for medical expenditures incurred while treating the injuries. You are also entitled to recover property damage, lost income, mental trauma, etc. In cases where the victim is rendered disable, the person can sue the at-fault driver for loss of future earnings as well.

Car Accidents Reporting Laws in Virginia

If you have met with an accident, you must report the case. It’s essential that the parties involved in the accident report to the local police even if there is no property damage, injuries, or casualties. Provide the governing authority with information like driver’s license number, registration details, name, address, contact number, etc. This information must also be provided to people involved in the accident like passengers or pedestrians. If the drive fails to do so, they can be charged by the law.

Another crucial rule in Virginia car accident law is the statute of limitations. In this, the deadline for filing car accident injury claims is two years since the accident. If the complaint involves compensation for property damage, the person has five years to file the case. Cases in which the victim dies, the claim must be filed within two years from the time of death. If one fails to file a lawsuit within the given time frame, the court will dismiss the case.

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