How Do You Determine Fault After a Virginia Car Accident?
Figuring Out Who Was At-Fault After a Car Accident in Virginia
After you've been involved in a car accident, the first thing the average person thinks about is how they feel. And that's perfectly fine; in fact, it's what we tell you to focus on. Get medical treatment as soon as possible. You need to make sure that you are evaluated by a competent medical professional.
Having said that, your car accident case is going to rise and fall based on who is at fault for the accident. That is the job of an experienced Virginia car accident lawyer: to figure out whose negligence caused the accident. Of course, that's not a simple question to answer. Everyone that reviews your case is going to develop their own opinion. This includes police officers, insurance adjusters, claims evaluators, and ultimately, a judge or a jury.
One thing you have to remember is that no one in that list that we just mentioned is on your side. Some of them are neutral, and some, such as the insurance adjusters, are working hard against you. Their job is to run a business, and no insurance company stays in business by giving people all of the money that they ask for! It is the job of your car accident lawyer: the one person who is fighting hard for you, to help prove that the accident was someone else's fault.
How you can help prove the case at the scene of the crash!
The scene of the accident is the first and best opportunity that an injured person has to document the scene, and begin logging and developing all of the evidence that will be necessary to investigate the case, and prove negligence. Here's how:
Take Pictures. Take pictures of absolutely everything. In a world of digital cameras, you can take as many pictures as you want! So you want to take pictures of cars from all angles, any and all damage, anything that was hit (such as poles or guardrails), tire marks, street signs, traffic lights, roadway obstructions, debris - anything and everything!
Record Videos. Take videos of everything that you can, including conversations with people. Even if the recordings may not later be admissible as evidence, it will still help us to see what people say, and how the scene looks. Sometimes it can be beneficial just seeing the flow of traffic at the time of the crash.
Get people's information! If there are witnesses, it is very important for you to write down their name, phone number, address, and email address, if possible. A lot of people make the mistake of relying on the police, thinking that they will write all of that information down. Unfortunately, they do not. Often times, witnesses tell the officer what they saw, and then oftentimes, the police just let them go without ever getting their information. However these witnesses can be absolutely vital in your case.
Document passengers. This includes passengers in the other person's vehicle. These people, by virtue of the fact that they are in the striking driver's car, are witnesses! If they don't want to give you their information, that's fine, but you can still take pictures and video. We have seen cases where a client has documented multiple people in a vehicle, but the striking driver later denies that anyone else was there!
Call the police. Always call 911 after a car accident. It is very important to give the dispatcher your name, the location of the crash, and all of the pertinent identifying information possible, including the tag number of the other vehicle, as well as your own. Even if the police don't come out, this will still document the call, and confirm the location, time, and date of the crash. If the other driver refuses to give you their driver's license, and only wants to give you the insurance card, that is an immediate red flag. Our case is against the driver of the car, not the person who's paying for the insurance! Remember, you can let anyone drive your car!
Call a Virginia car accident lawyer. All too often, people call insurance companies before calling a lawyer. In fact, almost 70% of people who are hurt in car accidents don't call an attorney until it's too late. The more you say to an insurance company, the more they can use against you!
Hiring an attorney to help investigate your case
Every car accident is different, and the claimant, also called the plaintiff, has the burden of proof to prove the case. That means that we have to prove that you were not at fault, and the other driver was. Sometimes this is simple, but more often than not, it is a very complicated process.
An experienced car accident lawyer is going to independently investigate the accident, document and locate all evidence, review the scene, attempt to locate and obtain copies of camera footage, document your damages, calculate any future damages, fight for full compensation for your injuries and other damages.
What does it mean to be your at fault in a Virginia car accident?
In a word, fault means negligence. In order for us to be successful on your claim, the other side has to be wholly responsible for the happening of the crash. Here are some common examples of car accidents, and how negligence is determined, based on the facts of each individual collision:
Rear end car accident. The driver behind is generally at fault, because all motorists have a duty to activate their brakes appropriately, and to maintain a safe following distance. However, this is not true in 100% of cases. Some drivers have inoperable brake lights, or may reverse instead of going forward!
Head on collisions. These crashes are often horrific, and happen when an oncoming driver crosses the center line, into oncoming traffic. The vehicle crossing the double yellow, or other highway marker, is at fault for failing to maintain lane. Occasionally, these crashes happen when the oncoming driver is trying to avoid some sort of obstruction in the road. But here again, that is not always a defense, as that driver, perhaps, should have break, instead of attempting to go around. This is very case specific.
Sideswipe car accidents. The side of one vehicle strikes another. These are some of the most difficult crashes to investigate, because they turn into "word versus word" collisions, with one driver saying that the negligent driver came into my lane, and you say that they came into yours! Independent investigation is always essential, and camera footage - especially Dash cam footage! - is the best evidence that we have.
T-Bone collisions. The driver who fails to yield the right of way, such as a person who runs a stop sign or stop light, is at fault. Here, it is essential to determine who had the right of way, and what the traffic lights actually showed.
At Blaszkow Legal, we set our team to work on a case immediately. We have experienced car accident lawyers, as well as veteran paralegals, and investigators who used to do crash investigation on a daily basis. As soon as you retain us, we get to work. But you have to call us right away, because the longer you wait, the harder it gets for us to fight for you. Evidence can be lost over time.
Contributory negligence in Virginia
Every good car accident lawyer in the Commonwealth of Virginia, including the car accident attorneys at Blaszkow Legal, will tell you never to speak to a car insurance company until you have spoken with a lawyer! One of the main reasons for this advice is because Virginia is one of a few jurisdictions that practices the law of contributory negligence. This means that if you were even 1% responsible for the happening of a car accident, then you cannot recover - even if the other person was 99% at fault!
The insurance companies can and will use anything that you say against you! They have devoted a lot of money to training their own insurance adjusters as well as their own investigators to do only one job: to poke holes in your case, and to pay you as little money as possible.
Call an experienced Virginia Car Accident Lawyer immediately!
If you have been hurt in the car accident, then you need to call Blaszkow Legal right away. It is our job to fight for you, and to fight hard! Our firm has been helping injured Virginians as well as those in DC and Maryland for over 40 years. We know how to investigate these cases, and to prove fault. That's our job. One of the many reasons to call an attorney is to help keep some of the stresses off of your shoulders, and to stop you from getting bombarded by phone calls and questions, from companies that care only about themselves, and not you.
Get Justice with Joe Blaszkow, and call 703-879-5910. With our offices in Richmond and Alexandria, we fight for people across the state! Whether you come in in person, or have a virtual interview, let us fight for you, and get you the compensation that you deserve!
Alexandria/Northern Virginia Office:
5270 Shawnee Road #102, Alexandria, Va. 22312
703-879-5910
Richmond Office:
7824 Shrader Road, Richmond, Va. 23294
804-273-8929
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