Posted on August 28, 2024 in Truck Accidents

When you or a family member has been injured in an accident, it is important to know how to prove negligence if you intend to hold another party accountable for the damages you sustained. However, if an injured victim believes they are partially responsible for the accident, they are likely to wonder, is Virginia a contributory negligence state? Under the contributory negligence rule, a plaintiff’s shared fault bars them from claiming compensation.

Explaining the Contributory Negligence Rule in Virginia

If you have suffered any type of personal injury, proving liability for the injury will be an essential step in recovering compensation for the damages you suffered. If another party is responsible for causing the injury, they are liable for the resulting damages. However, the state’s contributory negligence rule will apply to your case if you bear any partial responsibility for causing the accident, however slight.

Under the contributory negligence rule, the plaintiff must prove that the defendant is 100% at fault for causing the damages. It is possible for more than one defendant to share fault for the personal injury, in which case each will be assigned a corresponding fault percentage. However, if the plaintiff is found partially at fault, it negates their ability to claim compensation from any other liable party.

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 Posted on August 27, 2024 in Truck Accidents

Every driver must understand the right-of-way laws in Virginia. The traffic signals, signs, and road markings exist to enable drivers to anticipate the actions of other drivers and maintain a safe flow of traffic. Right-of-way laws ensure that all drivers know the proper way to navigate certain types of intersections to avoid causing accidents, and it is also vital for drivers to remain alert in case other drivers fail to follow these laws.

Understanding Right-of-Way Laws

The right-of-way laws in Virginia aim to ensure the safest possible flow of traffic and to establish clear expectations for all drivers when it comes to safely operating their vehicles. Whenever a driver violates these laws, they can endanger themselves or others. Every year, moving violations are a leading cause of accidents throughout the state, and many of these accidents occur when drivers negligently or intentionally violate the right-of-way laws.

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 Posted on August 26, 2024 in Truck Accidents

If you were recently involved in a car accident, you may need a rental car while you wait for your vehicle to be repaired or while you wait for a replacement, but who pays for a rental car after an accident in Virginia? In most cases, the at-fault driver is responsible for this expense. An experienced attorney can help you understand your rights and discern all of your recovery options in the aftermath of your accident.

Who Pays for a Rental Car After an Accident in Virginia?

Every driver is required to have auto insurance that meets the state’s minimum coverage requirements. When a driver causes an accident, their insurance will pay for the damages they caused, and these damages will generally include medical expenses for an injured victim along with compensation for the cost of repairing or replacing the victim’s vehicle. Part of this compensation can include paying for a rental vehicle until your vehicle is repaired or replaced.

If your car needs to be repaired after an accident another driver caused, state law requires their insurance company to cover the cost of your rental. They must continue paying for the rental until all repairs on your vehicle are finished. If your vehicle is a total loss, they will need to pay for your rental until they send a total loss offer for your vehicle. It is important to have an attorney review this offer to ensure it is fair.

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 Posted on August 25, 2024 in Truck Accidents

If you ride a motorcycle in Virginia, motorcycle helmet laws are non-negotiable. These laws are aimed at minimizing fatal head injuries in motorcycle accidents, and motorcycle accidents inherently have a much greater rate of causing fatal head injuries than most other vehicle accidents. Knowing and following these laws can not only keep you safer while riding but also prevent you from being ticketed for a violation.

Understanding Motorcycle Helmet Laws

Virginia is one of many states to enact motorcycle helmet laws in an effort to reduce the number of fatal head injuries resulting from motorcycle crashes. While motorcycle accidents are less common than standard passenger vehicle accidents, they are significantly more likely to result in catastrophic or fatal injuries. This is because the motorcycle itself provides very little physical protection in an accident. Safety gear is a necessity for every rider.

If a police officer sees a motorcycle operator and/or their passenger without a helmet, it is probable cause for a traffic stop and can lead to fines and other penalties. These penalties increase with multiple offenses, so once a rider has been ticketed, they must purchase an appropriate helmet as quickly as possible.

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 Posted on August 24, 2024 in Truck Accidents

If you or a loved one has recently been hurt in a car accident, you may wonder whether another driver is to blame, but is Virginia a no-fault state for car accidents? In a no-fault state, a driver’s own auto insurance policy will cover their damages regardless of fault for the accident, and they can only sue the other driver under certain conditions. This rule does not apply in the state, so it is important to understand what the fault-based system entails when it comes to your case.

Understanding the State’s Car Accident Laws

All motor vehicle accident cases are resolved with a fault-based system. This means that the driver at fault for causing the accident must pay for the damages they inflicted on others, and an injured driver must be prepared to prove fault before they can recover compensation for their damages. Every driver is required to carry liability insurance that covers bodily injuries and property damage.

Proving fault can be more challenging in some cases than others. It is relatively common for an at-fault driver to claim that the injured victim is actually to blame for the accident or that they share fault for causing the accident. The state’s contributory negligence law would negate the injured plaintiff’s ability to claim compensation from any other party if they are found even slightly at fault for the accident.

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 Posted on August 23, 2024 in Truck Accidents

If you have recently been injured in a car accident, you may wonder whether you can recover compensation for your damages from the other driver. Proving fault will be a necessary step in your recovery process, but how is fault determined in a car accident in Virginia? Many types of evidence can come into play, and it will be important for you to connect with an attorney you trust to help you build a comprehensive case against another driver.

How Is Fault Determined in a Car Accident?

The majority of car accidents reported throughout the state each year happen because of driver negligence. The term negligence applies to any failure to use reasonable care and caution in a given situation, or the term can apply to a failure to uphold a specific duty of care. For example, every driver has a duty of care to abide by posted speed limits, so speeding would be a breach of this duty of care.

It is also possible for a car accident to happen because of illegal and intentional misconduct, such as driving while under the influence of drugs or alcohol. Under state car accident law, the driver at fault for causing an accident absorbs liability for the resulting damages, and it is possible for them to absorb liability due to an act of negligence or by breaking the law. The fault is determined by careful assessment of various forms of evidence.

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 Posted on July 17, 2024 in Truck Accidents

If you drive in the state, it is crucial to understand the Virginia car accident laws that will come into play if you experience an accident due to another driver’s actions. You could face a very difficult series of legal proceedings, and the first steps you take immediately following the accident can significantly impact the outcome of the recovery efforts you attempt. The right attorney can help you make sense of your situation and guide you toward recovery.

Important Virginia Car Accident Laws Every Driver Should Know

Car accidents happen for many reasons throughout the state every day, and all drivers have a responsibility to know the first steps to take after a car accident in Virginia. State law requires drivers to report all accidents to 911 immediately, and drivers should not leave the scene of a crash until first responders arrive and allow them to do so. Leaving the scene of an accident prematurely or failing to report an accident to the police carries severe legal penalties.

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 Posted on June 14, 2024 in Truck Accidents

When you are involved in a car accident that was caused by another party’s negligence, you are able to file a claim to recover your damages. This claim is usually filed with that driver’s insurance provider. Many people who are injured and overwhelmed from an accident want to know how much they can get in a claim. Knowing the average claim value does not tell you the value of your claim. To understand the average car accident settlement in Virginia, it’s important to understand the factors that affect a settlement.

What Impacts a Car Accident Claim in Virginia?

The average auto insurance claim for personal injury in 2022 was $24,211. However, car accident claims vary significantly, and an individual claim may yield much less or much more than this amount. Some of the biggest factors that influence how much your individual claim will be worth are:

Damages Sustained

A car insurance claim exists to compensate you for your direct losses from the accident. The settlement is, therefore, dependent on those losses. This includes your medical expenses, lost income, property damage, and pain and suffering. The more severe your injuries are, the higher your settlement is likely to be in recovering those losses.

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 Posted on June 12, 2024 in Truck Accidents

The steps you take after a car accident can be crucial to protecting your personal and legal interests. Car accidents can be stressful and frustrating, and you may not always be able to take these steps. However, if you can, it’s crucial that you know what to do after a car accident in Virginia. Even minor car accidents can significantly affect your finances and well-being if you do not take the appropriate actions.

Steps to Follow After a Car Accident

Virginia follows the laws of contributory negligence, which means that if someone is even 1% at fault for an accident, they are barred from recovering any compensation for their losses. It is a system that is very harsh on injured individuals and very beneficial for insurance companies.

If an insurance provider can claim that you were partially liable, it may prevent you from recovering compensation. It’s important to protect yourself after a collision to try to prevent this. Some of the steps you should take following a crash include:

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 Posted on June 11, 2024 in Truck Accidents

Sustaining a personal injury because another person or group was careless with your health and well-being is a frustrating experience. However, when this happens, you are also likely able to recover compensation for the financial and personal losses you suffered. If this is the case, it is important to review your options as soon as possible. Your claim may be impacted by the Virginia personal injury statute of limitations if you do not begin the process quickly.

What Is a Statute of Limitations?

In civil claims, a statute of limitations is the timeline by which you must file a legal claim with the court to recover losses. If your claim isn’t filed within that time, then the court will dismiss any future action you try to take to recover that compensation.

Each state has its own statute of limitations, and it is important to know those limitations. You will be barred from recovery if you miss the deadline. However, there are situations where the statute of limitations is extended. There are many different types of personal injury claims, and these types of accidents can sometimes affect the laws surrounding a claim, including the statute of limitations.

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