Unlike most states, the Commonwealth of Virginia follows a fault-based system. Injured people can pursue compensation from the “at-fault” party or parties. To sue, the driver must have been 0% at-fault for causing the crash. If a wrong-way driver was breaking the law in some way – such as texting, drinking, speeding, or driving without a valid license – the liability issue should be reasonably straightforward.
Even so, car crash attorneys often have to fight tooth and nail to secure fair compensation for families who have lost loved ones. Insurance companies seek to pay the lowest amount to settle the matter to maintain their profit margins. The at-fault party may also have an insurance policy limit too low to cover the extent of the loss. A lawyer will help you determine who to name in the lawsuit, whether to file a claim under your insurance policy and how much to accept in a settlement.