Car Accidents Attorney in Hampton Roads, Virginia
If you've recently been involved in a car accident and are seeking legal guidance, you're in the right place. We understand that these events can be overwhelming, and legal procedures only add more layers of stress. We're here to help you learn what you need to know about the laws, your rights, and processes involved in filing a personal injury claim in Virginia.
At Forbes Law Firm, our car accident attorney has been practicing law for over 30 years. We’re dedicated to advocating for your rights and helping you receive the full financial compensation you deserve for your losses. If you've been involved in a car accident and need legal guidance, don't hesitate to reach out to us. Your fight is our fight, and we're here to support you every step of the way.
Call or message our firm now to request a free initial consultation. We proudly represent clients throughout Hampton, Newport News, Williamsburg, Poquoson, and York County, Virginia.
Understanding Virginia's Car Accident Laws
Virginia operates under "fault" rules when it comes to car accidents. This means that the person who causes an accident is liable for any resulting damages, so the question of "who is to blame for my car accident?" is critical in shaping the direction of your personal injury claim.
Depending on the circumstances of your case, the at-fault party could be any of the following:
The Other Driver: The most common party held liable in a car accident is the other driver, especially if they were exhibiting signs of negligent or reckless behavior, such as speeding, driving under the influence, or distracted driving.
Vehicle Manufacturers: If a vehicle defect such as faulty brakes or steering caused the accident, the vehicle manufacturer could be held liable.
Government Entities: In some cases, a government entity could be liable if unsafe roads, poor road maintenance, or inadequate signage led to the accident.
Company Owners: If the accident involved a commercial vehicle, the company that owns the vehicle could be held liable, especially if the accident was caused by improper vehicle maintenance or negligent hiring practices.
Pedestrians or Cyclists: In some instances, pedestrians or cyclists could be held liable if their negligence contributed to the accident.
Virginia's Contributory Negligence Rule
It's vital to note that Virginia applies the "contributory negligence" rule. This means if you're found to be even slightly responsible for the accident, you could be barred from receiving any compensation from the other driver.
As an example, suppose you had been driving slightly over the speed limit. Suddenly, another vehicle runs a red light and collides with you, causing significant damage and serious injuries. In this case, even though the other driver blatantly violated traffic rules, because you were speeding, you could be found to share a small degree of fault. Under Virginia's strict contributory negligence rule, this minor fault may prevent you from receiving any form of compensation from the other driver, despite the fact that they were primarily responsible for the accident.
Therefore, it's extremely important to establish the other party's fault. Yes, this rule is tough, but don't let it prevent you from pursuing a settlement or lawsuit. Rely on an experienced auto accident attorney to thoroughly investigate your case and advocate on your behalf.
Insurance Requirements in Virginia
The law in Virginia mandates all vehicle owners to carry liability car insurance or pay an Uninsured Motor Vehicle Fee. This legal requirement aims to guarantee adequate coverage for any potential damages or injuries resulting from car accidents.
Virginia’s Statute of Limitations for Car Accidents
The "statute of limitations" is a state law that sets a strict time limit on your right to take a lawsuit to court. In Virginia, you have two years from the date of the accident to file a car accident claim. It may sound like a long time, but you don't want to risk running out of time and losing your chance to secure what you need to recover. To keep everything on track, it's important to seek legal counsel as soon as possible.
Filing a Wrongful Death Claim in Virginia
In the unfortunate event of a wrongful death due to a car accident, the personal representative of the deceased person's estate is eligible to file a claim. Any damages awarded will go to certain relatives of the deceased, including:
children or grandchildren,
parents and siblings, or
any relative who was dependent on and shared a household with the deceased.
While this is how the process works in Virginia, each state has their own unique way of handling wrongful death claims. Be sure to seek legal help from a trusted attorney in your area. This process can be complex and emotionally taxing, but we're here to help you navigate it with dignity and respect.
The Importance of Hiring a Skilled Personal Injury Attorney
Accidents can be life-altering, and the aftermath can be overwhelming. But with our dedicated attorney on your side, you don't have to navigate this road alone. Choosing a skilled car accident attorney is not just a smart choice—it's essential. An experienced lawyer can handle the legal heavy lifting while you focus on recovery. Our attorney is skilled at arguing against any allegations of contributory negligence and knows how to pursue the compensation you deserve. Contact us today to schedule a free consultation and learn about your options.
Car Accident Attorney in Hampton Roads, Virginia
Understanding Virginia's car accident laws, knowing your rights, and having an experienced personal injury attorney on your side can make all the difference in your personal injury claim. At Forbes Law Firm, we're committed to fighting for your rights and helping you recover from the unexpected burdens of a car accident. If you've been injured in a car accident due to another driver's negligence, don't hesitate to reach out to us. Your fight is our fight, and we're here to help.