How is Fault Determined After a Car Accident in Virginia?

Rutter Mills Law Firm

How is Fault Determined After a Car Accident in Virginia?

Car Accident Info

Automobile collisions are seldom an accident, because most of the time, someone’s reckless or negligent behavior is the contributing factor. In the immediate aftermath, it’s not unusual for everyone involved to start casting blame on the other party. Even with liability insurance footing the bill– no one wants to be on the hook for those types of expenses.

Virginia laws on pure contributory negligence

Determining fault in a Virginia car accident is not a simple task. Still, it is a crucial step when it comes to filing an insurance claim or suing for personal injury compensation. Initially and unfairly, liability in vehicle collisions is ultimately determined by an insurance claims adjuster who is assigned to the case.  They will evaluate the vehicle damage, injury reports, and carefully review all the events and circumstances preceding the accident.

Virginia is one of a handful of states that follow the legal doctrine of “pure contributory negligence.” Under this law, injury victims must prove that the other party was 100% to blame to pursue compensation. If evidence suggests that you contributed to the accident, then you cannot collect money damages from the other driver, even if they were 98% at fault.

Persuading the insurance company that your actions did not contribute to the accident is demanding and underscores the need to hire a trustworthy car accident attorney.

Independent investigations to establish liability

Your car accident lawyer will conduct their own investigation into the accident. They may enlist the help of private investigators or, in some instances, hire an accident reconstruction specialist to piece together the puzzle.

Evidence that may be used to determine fault includes:

  • Vehicle damage
  • Police accident report
  • Street cam footage
  • Witness statements
  • Skids marks, crash debris
  • Images and video of the accident scene
  • Reports from a vehicle event data recorder
  • Cell phone records
  • Previous citations for traffic violations
  • Road conditions or defects that contributed to the crash
  • Social media posts by the other party regarding the collision

Contact us at Rutter Mills today for a free case evaluation

To recover fair compensation in a car accident claim, you must prove that the other party was entirely at fault, and their negligence behind the wheel caused the crash and your injuries.

If you live in Virginia Beach, Norfolk, Newport News, Portsmouth, Chesapeake, Suffolk, Hampton, the Eastern Shore or the Hampton Roads areas and need legal advice you can trust, call us for a free case evaluation. Our skilled car accident lawyers will advocate on your behalf, build a strong claim for damages, and aggressively fight for maximum compensation.

Contact a Rutter Mills attorney to speak about your case today.

This field is for validation purposes and should be left unchanged.
Experience
0
+

Years Helping Accident Victims

Locations
0

Convenient Offices

Our Team
0
+

Team members ready to help.

TESTIMONIALS

You don’t have to worry about the bills, just get healthy.

Dave Put His Trust in Us

Don’t Fall For The Insurance Company’s Games

Dave suffered serious injuries in a car accident. The defendant’s insurance company tried to offer him a low amount so Dave called Rutter Mills. We took over dealing with the insurance and got Dave the money he needed to get back on his feet.

They enabled me to be happy in life again.

Get Back On Track

Protecting Your Future

Glenn’s car accident changed his life, but not permanently thanks to the help of his Rutter Mills attorney. When the insurance companies wouldn’t help him, our team fought back and won.

I knew I needed Rutter Mills.

Fighting For What's Right

Getting Justice

On his way home from work at the shipyard, Dan was involved in an accident. He tried to file a claim on his own, but the insurance company wouldn’t give him the money he needed to put his life back on track. Dan knew he needed to call Rutter Mills.

They actually won my case 3 times!

Larena's Win

After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

Who Do You Trust With Your Family?

After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

Who Can You Turn To?

Referrals From Friends and Family

After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

They really care for you as a person. Words cannot describe what Rutter Mills did for me and for my case.

When You Need Someone In Your Corner

Don’t Go It Alone

When the insurance company tried to get Carol to sign paperwork after her car accident, she knew she needed a lawyer. Carol knew she needed Rutter Mills.

When I called Rutter Mills, I knew it was the right fit. They’re so interested in helping you get justice.

Getting The Justice You Deserve

When Mom Needs Strength

Taryn was in a car accident while she was pregnant. She knew she needed someone in her corner to protect her rights and her family’s future.

There’s attorneys, then there’s Rutter Mills.

We're Here When The Unexpected Happens

Priorities

A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

Motorcycle Accidents Change Everything

When Ed was injured in a motorcycle crash, he knew he needed a serious lawyer to protect his rights. The insurance companies were fighting him every step of the way. Rutter Mills helped prove Ed’s case and get him the money he needed to get on the road to recovery.

With the seriousness of the accident, I knew that we needed a serious lawyer. I needed Rutter Mills.

Carol & Levon's Story

They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.

Watch his 30 second testimonial video
Watch Glenn's 30 second story
Watch Dan's 30 second video
Watch Larena's 30 second story
Watch Jamaree's 30 second video
Watch Levon's 30 second video
Watch Ed's 30 second story
Watch Carl's 30 second video
TESTIMONIALS How We Helped
Rutter Mills Law Firm

How is Fault Determined After a Car Accident in Virginia?

Car Accident Info

Your emotional distress may not be as clearly visible as a broken bone or lacerations, but it may still be eligible for compensation after a car accident. However, you need to prove that it was something you experienced due to the accident and its economic value. Though it is harder to quantify, our car accident lawyers rely on several types of evidence– including medical records, diaries, and testimony– to prove an emotional distress claim.

Proving that you experienced emotional distress

Even though emotional suffering is subjective and not apparent to an outside observer, evidence of it can be captured in other places. Some possibilities include the following:

  • Therapy records – If your distress led to visits with a mental health professional, billing records and reports might document the effects of the accident.
  • Medical records – Emotional pain and suffering may manifest physically, like insomnia, hives, and anxiety symptoms. Records from doctor visits for these reasons lend credence to a claim.
  • Diary – An ongoing record of how you are mentally and physically is more trustworthy than a statement after-the-fact, which can appear self-serving.
  • Testimony – You may testify as to your own experience. It can also be helpful to have others testify on your behalf. A doctor or counselor may offer an expert opinion on how severe your symptoms are and when you are likely to recover fully. Family members or close friends may be able to attest to the changes they have seen in your life because of the accident.

Remember that a claim of emotional damage may open the door to invasive and embarrassing questions. Discuss the pros and cons of the claim and potential evidence with your attorney. This will ensure you are prepared in the event the process becomes uncomfortable.

Proving the value of emotional damages

Placing a dollar amount on intangible losses like emotional distress is never straightforward. The cost of related medical and therapeutic treatment and medications may factor in your damages. However, the value of the mental anguish itself is not wholly captured by itemized medical bills.

Non-economic damages like emotional distress and physical pain and suffering are usually estimated based on several factors related to the accident’s severity. These factors may point to a multiplier, for example, three times the amount of medical bills. In that case, if your medical bills totaled $50,000, your non-economic damages could be valued at $150,000.

Calculating the claim

Insurance companies often skip the multiplier approach and instead rely on computer programs. These programs also factor in the accident’s severity and exceptional circumstances but tend to undervalue claims. Your car accident lawyer will advocate for your total compensation. They can do this by educating the insurance adjuster about areas where the programs may not accurately reflect your situation.

Contact us at Rutter Mills for a free consultation

The committed attorneys at Rutter Mills know the fight you are up against for total compensation. We take every case seriously because we know what it means for you. Call today to schedule a free, confidential consultation.

Contact a Rutter Mills attorney to speak about your case today.

This field is for validation purposes and should be left unchanged.
Experience
0
+

Years Helping Accident Victims

Locations
0

Convenient Offices

Our Team
0
+

Team members ready to help.

TESTIMONIALS

You don’t have to worry about the bills, just get healthy.

Dave Put His Trust in Us

Don’t Fall For The Insurance Company’s Games

Dave suffered serious injuries in a car accident. The defendant’s insurance company tried to offer him a low amount so Dave called Rutter Mills. We took over dealing with the insurance and got Dave the money he needed to get back on his feet.

They enabled me to be happy in life again.

Get Back On Track

Protecting Your Future

Glenn’s car accident changed his life, but not permanently thanks to the help of his Rutter Mills attorney. When the insurance companies wouldn’t help him, our team fought back and won.

I knew I needed Rutter Mills.

Fighting For What's Right

Getting Justice

On his way home from work at the shipyard, Dan was involved in an accident. He tried to file a claim on his own, but the insurance company wouldn’t give him the money he needed to put his life back on track. Dan knew he needed to call Rutter Mills.

They actually won my case 3 times!

Larena's Win

After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

Who Do You Trust With Your Family?

After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

Who Can You Turn To?

Referrals From Friends and Family

After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

They really care for you as a person. Words cannot describe what Rutter Mills did for me and for my case.

When You Need Someone In Your Corner

Don’t Go It Alone

When the insurance company tried to get Carol to sign paperwork after her car accident, she knew she needed a lawyer. Carol knew she needed Rutter Mills.

When I called Rutter Mills, I knew it was the right fit. They’re so interested in helping you get justice.

Getting The Justice You Deserve

When Mom Needs Strength

Taryn was in a car accident while she was pregnant. She knew she needed someone in her corner to protect her rights and her family’s future.

There’s attorneys, then there’s Rutter Mills.

We're Here When The Unexpected Happens

Priorities

A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

Motorcycle Accidents Change Everything

When Ed was injured in a motorcycle crash, he knew he needed a serious lawyer to protect his rights. The insurance companies were fighting him every step of the way. Rutter Mills helped prove Ed’s case and get him the money he needed to get on the road to recovery.

With the seriousness of the accident, I knew that we needed a serious lawyer. I needed Rutter Mills.

Carol & Levon's Story

They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.

Watch his 30 second testimonial video
Watch Glenn's 30 second story
Watch Dan's 30 second video
Watch Larena's 30 second story
Watch Jamaree's 30 second video
Watch Levon's 30 second video
Watch Ed's 30 second story
Watch Carl's 30 second video
TESTIMONIALS How We Helped