If you hope to pursue a successful negligence claim, you will need to prove that the other driver was at fault. To prove a car accident was the other driver’s fault in Virginia, you will need to prove liability. This is a complex process.
First, you must prove the other driver owed you a legal duty of care behind the wheel. Then you must prove the other driver breached their duty of care, or that they were negligent. Finally, you must prove that your motor vehicle injuries resulted from their negligent actions.
Examples of potentially negligent behavior include:
- Reckless driving (speeding, swerving, tailgating, etc.)
- Distracted driving
- Impaired driving
- Performing other actions while driving, like eating or drinking
- Attending to concerns within the car itself (talking to children, changing the radio)
Fortunately, you do not need to handle this on your own. Our team will build a case to help you prove the other driver caused the accident and is likely liable for your damages. A few of the damages your lawyer can pursue may include:
- Any out of pocket medical expenses
- Current and future medical expenses
- Repair costs for your vehicle
- Lost pay if you have been out of work due to your injury
- “Pain and suffering” and inconvenience
Preparing to Meet With Your Car Accident Lawyer
When you work with a car accident lawyer in Virginia from the Parrish Law Firm, PLLC, we will take on all aspects of building your case. We will gather all elements of evidence to support your case. However, there are some actions you can take prior to meeting with your lawyer that can help when they formulate your case.
We recommend that you seek medical attention as soon as you are physically able after the accident. You might feel okay, but it does not mean you have not suffered an injury. Often, when someone gets hurt, they do not feel pain at first because of the shock of the incident.
Additionally, the report from your doctor can serve as evidence should you pursue a legal case or file a claim with an insurance company. The visit can help connect your injuries to the accident.
Be sure to continue your medical care throughout the entirety of your case. If you skip doctor’s appointments or disregard doctor’s orders, the other party’s insurer may claim that you are uninjured or that you are contributing to your injuries.
We also recommend that you fill out a police report (if the police did not come to the scene of your accident) and attempt to collect contact information from any witnesses that may be present. If you are able to do so, take pictures of the scene of the accident as well. This can help your lawyer build a strong case that supports your claim.
Understanding the Statute of Limitations in Virginia
Regarding a Virginia traffic crash, the statute of limitations generally allows you two years to file a personal injury claim. As the legal process is often time-consuming and stressful, we recommend that you contact a lawyer soon after the accident. This will give us ample opportunity to listen to the facts of your case and get started building your case sooner.
How a Car Accident Lawyer Can Help Prove it Was the Other Driver’s Fault
To prove the other driver is at fault, we will gather evidence that may include:
- Police and medical reports
- CCTV footage
- Witness statements
- Photographic or video evidence
- Observations from the scene of the accident
- Analysis of the damage done to your vehicle
Our team can also assist you in other ways, including:
- Communicating with the insurance companies, and all other relevant parties in your case.
- Handling all relevant paperwork and forms, ensuring that they abide by the proper timelines.
- Negotiating with the at-fault driver to secure fair compensation for you.
- Representing your interests at trial, if necessary.
There are many steps that must be followed in order to pursue the compensation you deserve, but you do not have to take them alone. A car accident lawyer in Virginia can be with you throughout the legal process and protect your rights along the way.
Call Today To Get Started on Your Car Accident Case in Virginia
If you want to know how to prove it was the other driver’s fault for the car accident in Virginia, allow the Parrish Law Firm, PLLC to assist you. If you or a loved one was injured in a car accident that another driver caused, we can help you recover compensation for your injuries, losses, and other expenses. To learn more, call the Parrish Law Firm, PLLC today at (571) 229-1800 for a no-obligation consultation.