NORTHERN VIRGINIA MERGING ACCIDENT LAWYER
Merging accidents are extremely common in Virginia, especially here in Northern Virginia, which is not surprising when you take into account all of our highways and byways, parkways and on ramps. Getting onto and off of the highway is a task that we all do a few times a day, but we may take for granted that in this simple task, so much can go wrong so fast. Some drivers who aggressively merge can negligently cause accidents which cannot only damage your vehicle, they can injure you as well. If you have been injured in a Virginia merging accident, then you need an experienced and aggressive personal injury attorney fighting for your rights immediately. Call Blaszkow Legal today.
It is very important to get a good lawyer with a good team in these kind of accidents. Virginia's contributory negligence rule makes it very easy for insurance companies to deny claims, which leaves injured people feeling they have no recourse at all
Car Insurance Tactics in Merging Accident Claims
Car insurance companies are in the business of minimizing your claim, not helping you. Their goal is to give you as little money as possible, if any at all. When it comes to merging accidents, their favored tactic is to deny your claim first, and make you fight for any recovery.
Virginia, like Maryland and DC, practices a legal doctrine known as contributory negligence. This is a legal principle that means that the person bringing the claim cannot be in any way responsible for the happening of the accident, even as little as 1%. If the insurance company can allege that you are even a little bit responsible for the crash, they can deny your claim.
The car insurance companies are very good at what they do, and have teams of insurance adjusters and defense lawyers who are working night and day to aggressively attack merging accident claims. They are able to do this because in many merging accidents, though certainly not all, rear-end collisions are common. But not all rear-end collisions are the fault of the vehicle at the back!
Proving Liability in Virginia Merging Accidents
It is always the burden of the claimant to prove that the other person was at fault for the happening of the accident. This is where the insurance companies do so well. An experienced car accident attorney is going to be able to help you develop this evidence prove your claim.
The strongest and most effective way of proving your claim is with evidence. Evidence is a misunderstood term. Anything as the potential to be evidence! In a merging accident case, the best evidence that can ever be produced is camera footage. Dash cams are becoming more and more prevalent these days, and we recommend that everyone purchase one. Camera footage is independent, objective, and effective, and will allow us to prove that despite the fact that you rear-ended someone else, it was their negligent actions, such as failing to yield the right of way, aggressively driving, or otherwise violating the rules of the road, which caused the accident.
Another great tool in proving these cases is witness testimony. Witnesses are not only involved parties, but also other people who may have seen the accident. For example, if you had passengers in your car at the time, they would be witnesses as to how the accident happened. It is vital to interview these people right away, because over time, memories start to fade. The longer you wait to get an experienced car accident attorney on the case, the harder you make their job of being able to properly investigate the case, and the less likely you make it but you will succeed, ultimately.
Do Merging Accidents Always Go To Trial?
Virginia merging accidents do not always wind up in court, but certainly they have a higher likelihood of doing so than other kinds of car accidents. Because you have to prove your case to a preponderance of the evidence, or more likely than not likely, and the insurance company only has to say that you are 1% responsible, the insurance companies will roll the dice and normally require you to litigate these cases.
However, if you have a car accident lawyer who has developed the case, prepared the case properly, and showed the insurance company that they are willing to fight all the way, sometimes the insurance companies will settle the claim. You need an attorney who is ready, willing, and able to call their bluff and fight.
Which Court Will The Lawsuit Be Filed In?
The facts of an accident do not determine which court the case will be filed in. Instead, this is determined by venue, and the amount of the damages.
If the claim is $50,000 or less, then the lawsuit may be filed in Virginia's General District Court.
If the claim is over $50,000, then the lawsuit will have to be filed in the Circuit Court. Circuit Court is a much longer process, as it includes Discovery and many other things that are not found in General District Court proceedings.
Venue is where the case will be heard. The claimant, on advice by the claimant's lawyer, has two choices as to where to file the lawsuit. The lawsuit may be filed 1) where the accident happened, or 2) where the defendant resides. For example, if the accident happened in Springfield, and the defendant lives in Arlington, then you have the option between filing in Fairfax county, or in Arlington County (either GDC or Circuit Court).
Call A Virginia Car Accident Lawyer
You need an attorney on your side, because the insurance company has some on theirs. They are betting on the fact that you won't retain a lawyer, and will just walk away. You should never surrender a claim without speaking to an experienced Northern Virginia Car Accident Lawyer who can explain your rights, and how to make and win your claim. Call Blaszkow Legal today - 703-879-5910