[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.marksandharrison.com\/blog\/determining-fault-in-a-virginia-car-accident\/#BlogPosting","mainEntityOfPage":"https:\/\/www.marksandharrison.com\/blog\/determining-fault-in-a-virginia-car-accident\/","headline":"How Is Fault Determined in a Car Accident in Virginia?","name":"How Is Fault Determined in a Car Accident in Virginia?","description":"Fault in a Virginia car accident case is determined by evaluating the drivers’ actions. The driver who acted carelessly and caused the accident may be found at fault for the accident and the resulting damages. Showing who is at fault in a Virginia car accident is not always an easy task. It often depends on […]","datePublished":"2024-02-01","dateModified":"2026-04-07","author":{"@type":"Person","@id":"https:\/\/www.marksandharrison.com\/blog\/author\/bryan_meadows\/#Person","name":"Bryan L. Meadows","url":"https:\/\/www.marksandharrison.com\/blog\/author\/bryan_meadows\/","identifier":22,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/3dce61a4b322fd2d5f3c2b5c47c57a7c9f2be9c4926ad72c5a0c41bcb3ab16ab?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/3dce61a4b322fd2d5f3c2b5c47c57a7c9f2be9c4926ad72c5a0c41bcb3ab16ab?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Marks & Harrison","logo":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","width":235,"height":87}},"image":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2016\/03\/fault-in-car-accidents_03.png","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2016\/03\/fault-in-car-accidents_03.png","height":134,"width":317},"url":"https:\/\/www.marksandharrison.com\/blog\/determining-fault-in-a-virginia-car-accident\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=TjPs72zhs_s#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=TjPs72zhs_s","name":"How do you determine fault after a collision? - Marks & Harrison","description":"http:\/\/www.marksandharrison.com\/\r\n\r\nFollow us on Facebook: \r\nhttps:\/\/www.facebook.com\/marksandharrison\r\nFollow us on Twitter: \r\nhttps:\/\/twitter.com\/mandhlaw\r\n\r\nContact us at http:\/\/www.marksandharrison.com\/contact-us\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/TjPs72zhs_s\/default.jpg","https:\/\/i.ytimg.com\/vi\/TjPs72zhs_s\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/TjPs72zhs_s\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/TjPs72zhs_s\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/TjPs72zhs_s\/maxresdefault.jpg"],"uploadDate":"2024-02-01T20:32:54+00:00","duration":"PT1M8S","embedUrl":"https:\/\/www.youtube.com\/embed\/TjPs72zhs_s","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCRi1kc4BH8gI0V9M56V6WJw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCRi1kc4BH8gI0V9M56V6WJw","name":"Marks & Harrison","description":"Marks & Harrison is one of the most recognized personal injury law firms in Virginia. Marks & Harrison provides comprehensive legal services to individuals who are victims of personal injury. The firm\u2019s 30 attorneys, along with a staff of more than 100, are based in 14 offices; the main office is in Richmond, regional offices are located around the Commonwealth, from DC, to Harrisonburg, to Tappahannock. Marks & Harrison has received numerous awards and recognition for its work on behalf of its clients. \n\nTo learn more about the firm and its attorneys, please visit: https:\/\/linktr.ee\/marksandharrison\nContact us at: http:\/\/www.marksandharrison.com\/contact-us","logo":{"url":"https:\/\/yt3.ggpht.com\/kg23-I7HYD-AR7DjeizOcvSEfNS6zJQTmbsLdBU0DAK1x7zxbnho3k6RvWQnx5X8BF41bq5w-w=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=TjPs72zhs_s#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=TjPs72zhs_s#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=TjPs72zhs_s&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=TjPs72zhs_s#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":26}]]},"about":["Car Accidents"],"wordCount":935,"articleBody":"Fault in a Virginia car accident case is determined by evaluating the drivers’ actions. The driver who acted carelessly and caused the accident may be found at fault for the accident and the resulting damages. Showing who is at fault in a Virginia car accident is not always an easy task. It often depends on the circumstances.For instance, when a car crash occurs in a densely populated area, and numerous people witness the crash, the injury victim bringing a car accident lawsuit will be well-positioned to establish a case for compensation.However, when the crash occurs on an isolated road or where there are no eyewitnesses, proving what occurred and who should be held responsible will be much more difficult to prove.A resourceful and experienced Virginia car accident lawyer will attempt to uncover as many witnesses and items of evidence as possible in your case so as to support your version of events.The law firm of Marks & Harrison employs a team of investigators whose duties include getting quickly to the scene to investigate the cause of an accident and identifying and locating important witnesses and items of evidence.Evidence in Car AccidentsThese elements include:The other driver owed you a duty to drive in a reasonable and careful manner.The other driver engaged in behavior that violated this duty.The other driver\u2019s careless behavior caused you to suffer injuries.You have suffered actual injuries that merit compensation.This evidence may include:Your testimony and\/or the testimony of other occupants in the carThe testimony of eyewitnesses to the crashStatements of fault or admissions made by any other person or driverPhotographs you or law enforcement officers took of the crash sceneSafety reports or evaluations of the other car(s) involved that were completed before and\/or after the crash and that opine on the vehicle\u2019s roadworthinessThe breath or blood alcohol concentration of the other driver(s)Hospital blood tests or other blood or urine tests that show that the other driver had one or more drugs in his or her systemCell phone records from the other drivers, showing when calls were placed and\/or texts made.Additionally, a report may be prepared by a consultant, engineer or other expert. The expert will base this report on:In the report, the expert will render an informed opinion about the cause of the car crash. The expert may also prepare a video or computer animation to illustrate the results to the judge or jury.\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tDetermining Fault in Car Crash SituationsWitness testimony (including your testimony and that of any passengers or eyewitnesses) is some of the most powerful evidence in a Virginia car accident claim.However, a skilled car accident lawyer will know how to use other available evidence to help corroborate your testimony and that of other witnesses.This may include:In a rear-end accidentPhotographs of the car\u2019s final resting position after the accident and any diagrams created which can help prove your case. Your attorney will also likely subpoena the other party\u2019s phone records to see if he or she was talking or texting at the time of the accident and was distracted.In a head-on collisionThe negligent party (or responsible party) is the one that crossed into the other party\u2019s lane of travel. Cell phone records can help show whether the other driver was distracted and carelessly slipped into your lane of travel. Blood tests taken from the other driver may show the presence of alcohol or drugs that would have impaired the driver\u2019s ability to focus and maintain a single lane of traffic. Photographs and diagrams can be used by accident reconstruction experts as well.In a sideswipe crashA car that is traveling parallel with you in an adjacent lane can cause a sideswipe or side-impact collision if he or she leaves his or her lane of travel. Distracted driving or impaired driving are common reasons why a car would leave its lane of travel and cross into your own. In a head-on collision, the cell phone records of the other driver will be important and the driver\u2019s results from any blood, breath or urine tests that are used to detect the presence of alcohol and\/or drugs.In a backing out accidentPhotographs of the damage to your vehicle and the other car can be used to establish where each vehicle was struck. The \u201conboard computers\u201d found in most modern cars keep track of vehicle speed, whether brakes are applied and other important details about each car\u2019s movements in the moments just before a crash. This can help establish that your vehicle was stationary while the other car was in motion.Contact Marks & Harrison for Experienced and Resourceful Help TodayAt Marks & Harrison, we know that your Virginia car accident lawsuit is only as strong as the investigation that goes into it. That is why our firm maintains its own investigators who are able to quickly investigate your car crash before important evidence is lost.Our law firm maintains professional relationships with a variety of consultants who lend us their expertise and knowledge in car accident cases where fault may be difficult to show.Marks & Harrison is able to build your case quickly and effectively and then present it to the insurance company or in court in a powerful and persuasive manner, giving you the best opportunity for success in your case.Contact our office today or reach us through our website to discuss your case with us."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.marksandharrison.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How Is Fault Determined in a Car Accident in Virginia?","item":"https:\/\/www.marksandharrison.com\/blog\/determining-fault-in-a-virginia-car-accident\/#breadcrumbitem"}]}]