Car Accident Attorney in Virginia

Female driver injured from rear-end collision.

Have you suffered injuries in a car accident in Virginia? When you’ve experienced life-altering physical harm that has left you unable to work or perform daily activities, you deserve to seek financial compensation and justice from the negligent driver at fault for the crash. Get the legal representation you need for the insurance claims or civil litigation processes. Turn to a skilled Virginia car accident lawyer from Marks & Harrison for help.

Our firm has provided trusted legal advice to accident victims across Virginia for over a century. Our legal team of 28 personal injury attorneys and over 100 support staff, including in-house investigators with law enforcement and insurance backgrounds, have the experience to take on even the most complex cases. You can trust that we have the resources necessary to pursue compensation and justice in your case as long as needed – even if that means going to court and trial.

US News & World Report has ranked us as a Tier 1 personal injury litigation firm, while many of our attorneys have earned numerous individual awards and honors. We stand by our Client Bill of Rights, which promises we will treat you with the care, compassion, and respect you deserve.

After you’ve been hurt in a car crash in Virginia, let Marks & Harrison advocate for your right to seek money for your injuries. Contact us for a free initial case review to speak with a Virginia car accident lawyer. We can discuss your legal options for pursuing accountability from the negligent driver who hit you or other liable parties. Let us help you demand the financial resources you need to recover from physical and emotional injuries and get your life back on track.

What Are the Leading Causes of Virginia Car Accidents?

Some of the top driver-related causes of car accidents in Virginia include:

  • Speeding
  • Tailgating
  • Reckless driving, such as excessive speeding, swerving through traffic, or street racing
  • Failing to yield the right of way
  • Running red lights or stop signs
  • Turning or changing lanes without signaling or checking mirrors
  • Illegal or unsafe turns and lane changes
  • Backing up without looking
  • Distracted driving, including using a cell phone while driving
  • Drowsy driving
  • Intoxicated driving
  • Driver inexperience
  • Driving the wrong way on a one-way street or highway access ramp

Although driver errors are the most common cause of car crashes, they aren’t the only cause.

Other factors that can contribute to car accidents include:

  • Inadequate vehicle maintenance
  • Vehicle defects
  • Poor visibility due to low lighting or bad weather
  • Heavy traffic
  • Poor road conditions, including black ice, potholes, or debris in the roadway

What Are the Most Common Injuries from a Car Accident?

According to the Virginia Department of Motor Vehicles (DMV), car accidents caused nearly 60,000 injuries across the state in one recent year.

Car crashes can cause a wide range of injuries, including:

  • Lacerations or abrasions
  • Broken bones
  • Dislocated joints
  • Ligament sprains or tears
  • Muscle or tendon strains or tears
  • Herniated spinal discs
  • Nerve damage
  • Whiplash
  • Internal organ damage or internal bleeding
  • Spinal cord injuries and paralysis
  • Facial injuries
  • Hearing or vision loss
  • Traumatic brain injuries (TBIs)
  • Traumatic amputation or limb loss

What Should I Do After a Car Accident in Virginia?

Steps you can take to protect your interests and put yourself in a better position to pursue a car accident claim include:

  • Take photos and videos of the accident scene.
  • Exchange insurance information with the other drivers involved in the accident.
  • Report the accident to law enforcement and request a copy of the police accident report in the days following the crash.
  • Seek prompt medical attention to have a doctor examine you for any physical injuries you may have suffered. Take photos of any visible injuries.
  • Follow your healthcare provider’s treatment plan and recommendations.
  • Obtain copies of your medical records.
  • Keep any bills, invoices, or receipts of expenses, including vehicle repairs, alternative transportation, and medical treatment.
  • Gather your pay stubs to calculate lost wages if you need to take time off work, temporarily transfer to a lower-paying role, or become permanently disabled from working.
  • Start a journal to document your recovery, including the physical pain, emotional distress, and reduced quality of life you experience.
  • Contact a Virginia car accident lawyer from Marks & Harrison to discuss what next steps you should take to pursue financial recovery from the driver responsible for the crash.

How Do I Prove the Other Driver Is At Fault?

Various kinds of evidence can help you prove the other driver caused the car accident, including:

  • Police accident reports and traffic citation records, which provide a neutral, third-party perspective of the accident from a law enforcement officer trained to investigate motor vehicle accidents
  • Accident scene photos and videos, including vehicle damage, skid marks on the road, and traffic controls at the scene
  • Eyewitness statements, which can help corroborate your account of the accident
  • Surveillance and traffic camera or dashcam footage of the crash
  • Post-accident vehicle inspection reports that reveal mechanical failures caused by design and manufacturing defects or inadequate maintenance
  • Driver cell phone logs, which may show that the other driver used their cell phone to text or send emails right before the accident or help determine other information such as vehicle location and speed
  • Post-accident alcohol and drug test results that demonstrate the other driver’s intoxication
  • Logs from vehicles’ event data recorders (“black boxes”), which may provide data about a vehicle’s operation, including speed, acceleration, or braking
  • Accident reconstruction or engineering expert reports stating who likely caused the crash

What Happens If I Am Partially Responsible for the Accident?

If you bear some share of fault for causing a car accident, Virginia law could prevent you from pursuing a legal claim against other liable parties. Virginia follows the pure contributory negligence rule, which states that if a plaintiff bears any share of responsibility for causing their injuries, they lose the right to seek financial recovery for their losses. Even being just one percent at fault for a car accident might jeopardize your right to pursue a claim.

Due to the harsh consequences of Virginia’s comparative negligence rule, you should contact a Virginia car accident lawyer as soon as possible. They can begin advocating on your behalf to hold the other driver accountable for the crash and work to prevent another party from inaccurately shifting the blame for the crash onto you. Contact a Virginia car accident lawyer today.

What If the Other Driver Does Not Have Insurance?

Virginia does not require drivers to have liability insurance. Instead, drivers can pay an Uninsured Motor Vehicle fee to the Virginia DMV to assume the financial risk of driving an uninsured vehicle.

If you get into a car accident with a driver who doesn’t have liability insurance, you may have other options for recovering compensation for the losses you incur due to a crash:

  • Medpay – This is optional insurance coverage you can purchase with your auto policy that reimburses medical expenses to treat your injuries after an accident. It also covers partial reimbursement of lost income due to accident injuries.
  • Health insurance – You could have your medical expenses covered by your health insurance policy. However, you should confirm your eligibility for coverage for motor vehicle accident injuries – especially if you’ve purchased MedPay coverage with your auto policy.
  • Collision coverage – This is an optional coverage under your auto policy that can reimburse you for accident repairs or the value of your car if the insurance company declares it a total loss. Drivers who leased or still owe a loan balance on their car will usually carry collision coverage with their auto policy.
  • Uninsured motorist (UM) coverage – UM is another optional coverage. If you purchased this coverage, your auto insurance provider will pay you the compensation you could recover from the at-fault driver or their auto liability insurance coverage if they had any. This includes vehicle damage costs, medical expenses, lost income, and pain and suffering.
  • Personal injury lawsuit – In addition to seeking insurance coverage for your expenses, you can file a car accident lawsuit against the at-fault driver to pursue compensation from the driver’s assets. Unfortunately, many drivers who do not purchase auto liability insurance cannot afford insurance or have few assets to protect. That can make it harder to recover compensation from an uninsured driver in a lawsuit.

How Much Might My Car Accident Injury Case Be Worth?

In a car accident claim, you can seek compensation for various losses you sustain due to vehicle damage and physical injuries, including for:

  • Medical treatment and rehabilitation, including ambulance services, hospitalization, surgeries, prescriptions, pain management care, and physical or occupational therapy
  • Long-term care and support for permanent disabilities you may suffer, including home health services, housekeeping, medical and mobility equipment, or disability accommodations
  • Lost income from missed work or reduced earnings on part-time or light-duty
  • Loss of future earning potential and employment benefits if you become permanently disabled from work
  • Physical pain and emotional distress
  • Lost enjoyment or quality of life due to physical disability or visible, permanent scarring and disfigurement
  • Car repairs and alternative transportation expenses, such as car rental fees
  • Reimbursement for your car’s value if the insurance company deems it a total loss after the accident

Is There a Statute of Limitations in Virginia for Filing a Car Accident Injury Claim?

Virginia’s statute of limitations on car accident claims requires you to file a lawsuit within two years of a car accident in the state. However, you may have additional time to file suit in certain circumstances.

If you file a lawsuit after the statute of limitations expires on your car accident claim, you risk having the court dismiss your case. Given these strict deadlines for filing a car accident injury claim, you should talk to a Virginia car accident lawyer from Marks & Harrison as soon as possible to confirm when to file your claim and ensure you start your case on time.

How Long Will My Car Accident Claim Take?

Although no one can predict precisely how long a car accident claim may take to resolve, various factors will affect the timeline and duration of your case, including:

  • The severity of your injuries
  • The duration of your medical treatment and rehabilitation
  • Whether you suffer any permanent disability
  • The expenses you incur, including medical bills, car repairs, and lost income
  • The number of parties potentially liable for your injuries
  • The number of other people injured in the accident
  • The complexity of the evidence in your case
  • Whether you might share some responsibility for causing the accident
  • The availability of insurance coverage
  • How quickly the insurance company investigates the accident and responds to your correspondence
  • Whether the other driver or the insurance company denies liability
  • Whether you pursue alternative dispute resolution, such as mediation or arbitration
  • Whether you need to file a lawsuit and the schedule of the trial court

Some car accident cases can settle in as little as a few months. However, more complex cases may take longer – even years before reaching trial. At Marks & Harrison, you can rest assured that our legal team will pursue your claims diligently to help you demand the compensation you need as quickly as possible.

Contact a Virginia Car Accident Lawyer

When you’ve experienced injuries in a car accident caused by a careless driver, get the legal help you need to demand accountability from them. Contact Marks & Harrison today for a free, no-obligation consultation. We can discuss how a Virginia car accident lawyer from our firm can assist you with seeking the compensation you need for your vehicle damage, medical care, lost income, and pain and suffering. Turn to our legal team to represent your interests and pursue justice and money for your injuries. Virginia personal injury lawyer.