Fairfax Car Accident Lawyer

Were you hurt in a car accident in Fairfax, VA?

At Blaszkow Legal, PLLC, we are trusted car accident lawyers serving clients across Fairfax and the surrounding area.

If you were hurt in a car accident in Fairfax, our Fairfax, VA car accident lawyer can take over the claim while you focus on recovering. We gather the crash evidence, negotiate with the insurance companies, and pursue payment for your medical bills, lost wages, and vehicle damage. For 43 years, Blaszkow Legal, PLLC has represented injured drivers and passengers throughout Northern Virginia, and our attorneys are admitted in Virginia, Maryland, and the District of Columbia. We work on a contingency basis. Call our office for a free review of your crash.

Car Accident Lawyer Fairfax, VA

A car accident claim is a legal demand for compensation from the driver or party whose negligence caused a crash. In Virginia, the injured person must prove that another driver failed to use reasonable care and that this failure caused the collision and the injuries. That proof rests on evidence, and evidence is strongest when it is gathered early, before vehicles are repaired and memories fade. A car accident lawyer can secure that proof and press the claim while you recover.

Fairfax County reported 2,923 crashes of all types in 2022, including 60 that were fatal, according to Fairfax County crash data. Most involved everyday passenger vehicles, and any one of them can leave a driver or passenger facing weeks of treatment and time away from work.

Types of Car Accident Cases We Handle in Fairfax

We represent people hurt in every kind of Fairfax collision, from minor rear-end taps to serious highway wrecks. The cause and the vehicles involved change the investigation, but the goal stays the same: proving fault and the full value of your losses.

• Rear-end collisions. These happen constantly in Fairfax stop-and-go traffic, often at commuter chokepoints. They can cause whiplash and spine injuries that do not appear until days later.
• Head-on collisions. Less common but among the most severe, head-on crashes raise the question of how one driver crossed into oncoming traffic. We investigate the cause and pursue the driver at fault.
• T-bone and intersection crashes. Failure to yield and running red lights produce broadside impacts at Fairfax intersections. Fault frequently depends on signal timing and the right of way.
• Rideshare crashes. Collisions involving Uber and Lyft raise questions about which policy applies. We identify the right coverage for drivers, passengers, and other motorists.
• Distracted driving crashes. A driver who looks at a phone instead of the road can cause a serious wreck, and distracted driving is among the most preventable causes of Fairfax collisions.
• Drunk driving crashes. When an impaired driver causes injuries, the claim may support additional damages. We use the evidence from the related criminal case where it exists.
• Hit-and-run crashes. When the at-fault driver leaves the scene, your own uninsured motorist coverage may pay for your injuries. We help you pursue that coverage.
• Multi-vehicle pileups. Chain-reaction crashes on the interstates involve several drivers and several insurers. Sorting out responsibility takes prompt, careful investigation.

Why Choose Blaszkow Legal, PLLC as My Car Accident Lawyer in Fairfax, VA?

Local Knowledge of Fairfax Roads and Courts

Our founder, Joseph Blaszkow, has handled Virginia car accident claims for 43 years and is licensed in Virginia, Maryland, and the District of Columbia. He knows the roads where Fairfax crashes happen and the courts where these cases are heard. He is a member of the American Association for Justice, the Virginia Trial Lawyers Association, and the Alexandria Bar Association. That local perspective is exactly what you want from a personal injury lawyer in Fairfax, VA.

Proven Results in Serious Crash Cases

We have recovered millions of dollars for people hurt in Virginia collisions. Our results include a $2 million recovery in a fatal truck crash, $1.4 million for a motorcyclist struck by a speeding driver, and $1 million for a pedestrian hit by a rideshare driver. Each recovery came from its own set of facts, and no past result guarantees another, but together they reflect how we prepare a serious crash case.

Understanding Car Accident Cases in Fairfax

Damages, Liability, and Compensation for Car Accident Cases

Compensation in a Virginia car accident case is meant to cover what the crash cost you. Economic damages include medical bills, future treatment, lost income, and repair or replacement of your vehicle. Non-economic damages cover pain, suffering, and the effect of the injury on daily life. The value of your claim depends on the severity of the injuries, the treatment required, and the available insurance coverage. Serious crashes can also justify future medical costs and lost earning capacity. Liability depends on negligence, which means proving that another driver owed a duty of care, breached it, and caused the crash. Virginia applies contributory negligence, a strict rule that can bar recovery if the injured person shares any fault, so we investigate quickly to protect against that defense.

What Is the Car Accident Case Timeline?

How long a Fairfax car accident case takes depends on the injuries and whether the insurer disputes fault. A typical case moves through a few stages:

1. Medical treatment and investigation of the crash
2. A demand to the at-fault insurer, followed by negotiation
3. Filing a lawsuit if the insurer will not offer a fair settlement
4. Discovery, where both sides exchange information and take depositions
5. Settlement or trial

Under Section 8.01-243 of the Code of Virginia, the deadline to file most car accident lawsuits is two years from the date of the crash. We start building the case immediately so nothing is lost to that deadline.

What Are Important Aspects of a Car Accident Case?

The insurance company is an integral part of your car accident claim. An insurance adjuster may sound helpful, but their job is to settle for as little as possible, and an early recorded statement can be used to reduce what you recover. It helps to understand the common misconceptions that lead people to say too much or accept too little. Evidence matters just as much. The police report, photographs of the vehicles and the scene, medical records, and the names of any witnesses all support the claim. We negotiate with the insurer and preserve the proof so the claim reflects the real harm.

Why do I need to call a Car Accident Attorney?

Because as soon as you are involved in a car accident, the insurance companies are working hard against you. That’s their job: to minimize or deny your claim, using every tool available to them. It is our job to prove your claim, and fight for the compensation you deserve.

When we open a claim, we have to prove both negligence, and damages.

• Negligence means that the other driver did something that he should not have done, but violating his or her duty to drive with due regard to the users of the roadway. Often, this is also said as “violating the rules of the road.” Some examples would be: speeding, failing to yield, failing to maintain safe following distance, ignoring stop lights, running stop signs, weaving in and out of traffic, etc.

• Damages is a legal term that means all of the ways that the accident impacted the many facets of your life: financially, physically, mentally, and more.

Negligence and Car Accidents in Fairfax, Virginia

Virginia is one of just five jurisdictions that practice a doctrine called contributory negligence (1). Contributory negligence is also referred to as “pure negligence.” The concept means that a person who has contributed to his own injuries cannot recover for those injuries as a matter of law. Here is an example:

Driver Damon is running late for work, and needs to turn left at a light. The light is yellow, and he is waiting patiently,
but as it turns red, he thinks he has a shot to make the turn. He does so, but is struck hard from the right side by
Driver Alicia. Alicia thought that Damon wasn’t going to turn, so she kept going thinking she could make the light.

In this example, neither Damon nor Alicia can pursue a claim against the other. Damon was negligent in that he turned on a red light, when it was not safe to do so. Alicia also ran a red light. Both people were negligent, so no one has a claim! It is not a question of who was more negligent. In Virginia, as well as DC and Maryland, if you are 1% responsible, you cannot file a claim (or, put another way, the insurance company will deny your claim).

Insurance Companies and Fairfax Car Accident Claims

Insurance companies work for their stockholders, not their insureds. Consider – do you think they would stay in business if their paid out all of the money that every claimant asked for? No. The very job of an insurance adjuster is to pay you as little as possible. A Fairfax car accident lawyer, however, is dedicated and, indeed, obligated, to fight for you, to get you all of the compensation that you deserve.

Sadly, the insurance companies are not the only ones who are trying to maximize their own recovery at the expense of you, the injured person – hospitals and medical providers are others.

When you go to the hospital, a nice cheery person from patient registration will meet you in the emergency room and ask questions about the car accident. Despite your having Blue Cross Blue Shield, Aetna, or some other health insurance plan, they want to ask lots of questions about the car accident! They aren’t putting this information in your chart – they want to bill the insurance companies involved in the car accident, instead of the health insurer!

Health insurance companies negotiate contracts with providers such as hospitals, generally for lower payments. The hospitals want to go around the insurance, because they know they will get more the car insurance! This is actually against the law, but they do it anyway! We explain this here in our article about who pays for medical treatment after a car accident.

An experienced car accident lawyer won’t let the medical providers get away with breaking the law! At Blaszkow Legal, we remind them that this is illegal in Virginia(1)! We have a law that places a duty on healthcare providers to submit all bills to the in-network health insurance carrier. If they fail to submit their bill to the health insurance, they cannot recover (meaning no payments, and no collections). This is one way, among many, that we turn over every stone to put as much into our clients’ pockets as possible.

How a Fairfax Car Accident Case Works

After your car accident, and after you’ve retained Blaszkow Legal, we will begin investigating your case and proving your damages, while you get the medical treatment that you need to get better. Once your medical treatment is complete, we assemble something called a Settlement Demand Package. A demand package is a compendium of your medical treatment that is specifically formatted and sorted for the insurance companies’ computers. The insurance industry uses a mega-computer program known as “Collossus” and its spin-offs, which applies “value” to each element of your case. This system is shrouded in mystery, as the insurance companies guard it closely. But we know much of what the computer looks for, and so we point that out to the adjusters.

Once the package is sent, the insurance companies respond within 30 days, and negotiations begin. If the insurance companies don’t get to where we want them to be, we will advise you accordingly: settle, or file a lawsuit.

Lawsuits may be filed in General District Court or the Circuit Court, depending on the facts of the case, and the damages claimed.

Always bear in mind that the statute of limitations on personal injury claims in Virginia is only 2 years. In DC and Maryland, the statute of limitations is 3 years.

Fairfax County is also home to a few unique courts (for the smaller, independent cities within the County):

Fairfax (City) General District Court

Falls Church (City) General District Court

Fairfax County General District Court

All of these General District Courts (or GDCs) appeal to one single Circuit Court:

Fairfax County Circuit Court

An experienced Fairfax personal injury attorney knows the ins and outs of these various courts, and how to chart a clear path towards getting the best result possible – for you, the client.

Most Dangerous Roads for Car Accidents in Fairfax

Some Fairfax roads produce more crashes than others, usually where speed, heavy volume, and merging traffic meet.

Highways and interstates:

• Interstate 66, heavily congested through the morning and evening commutes
• The Capital Beltway, Interstate 495, and the Springfield Interchange
• Interstate 95 and its Route 1 interchanges

Major surface roads:

• Route 50, Arlington Boulevard, and Route 29, Lee Highway
• Fairfax County Parkway and Braddock Road
• Richmond Highway, Route 1, a corridor with a long crash history

County records place Annandale, Seven Corners, and the Route 1 corridor among the areas with higher-than-average crash fatality rates, according to county safety data. Where a crash happened can affect which roadway and insurance records matter to your claim.

What Should You Bring to Your Car Accident Consultation?

A first meeting goes faster when you bring what you already have. Useful items include:

• The police report or its report number
• Photos of the vehicles, the scene, and your injuries
• Medical records and bills from the crash
• Your insurance information and any letters from adjusters
• Notes on missed work and lost pay

If you do not have all of it, come anyway. The consultation is free, and we will explain where your claim stands and what to do next.

Reach Out to Blaszkow Legal, PLLC to Discuss Your Car Accident Claim

After a crash in Fairfax, our Fairfax car accident lawyer can review what happened at no cost and explain your options. We take car accident cases on contingency, so there is no fee unless we recover money for you. The team at Blaszkow Legal, PLLC will handle the insurance company while you focus on getting better. Contact us to schedule your free consultation.