What Is “fault” in Car Accidents?
Whether a state is an “at fault” or “no-fault” state contributes to determining how individuals involved in a car accident will proceed with their insurance companies. No-fault states, including New York, Pennsylvania, and Maryland, do not assign fault to any party after a collision. Instead, each person’s personal injury protection (PIP) coverage will cover their expenses incurred from medical bills and lost wages. The insurance of the driver that caused the accident, however, will still pay for the property and vehicular damage of the other party. If they are unsatisfied with their compensation, a driver who suffered severe injuries is typically permitted to file a lawsuit against the at-fault driver.
Typically, in at-fault states like Virginia, the party who caused the majority of the collision is financially responsible for covering the other party’s injuries and property damage expenses. While most at-fault states assign fault and financial responsibility to a party that caused 51% or more of the collision, Virginia’s strict contributory negligence doctrine assigns fault to any party that caused at least 1% of the accident. Further, the at-fault party would be disqualified from receiving any compensation.
How Is "fault" in Car Accidents Determined in Virginia?
Typically, insurance claim adjusters determine which driver or drivers were at fault in a vehicle collision. They will investigate damage to vehicles and bodily injuries resulting from the accident. If a party files a lawsuit to receive more compensation for the accident, a judge or jury can also determine fault. Due to the contributory negligence rule in Virginia, even a small amount of fault will disqualify an individual from receiving compensation from their insurance company. Thus, a lawyer who specializes in vehicle accidents can help an individual collect compensation by illustrating the other parties were negligent and proving they were fully liable for the accident. According to Cornell Law School, negligence is proven by establishing the following four elements:
A legal duty that the defendant or at-fault individual owes to the plaintiff
The defendant breached the duty
The plaintiff suffered injuries
By proximate cause, the plaintiff suffered injuries due to the breach of duty
What Is the Contributory Negligence Doctrine in Virginia?
According to Cornell Law School, contributory negligence is a common law tort rule that prohibits “plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm.” There is a contributory negligence doctrine in Virginia related to car accidents. Even if a driver did not directly cause an accident or the majority of the accident, the contributory negligence law can prevent a driver from receiving any compensation for an accident, regardless of the severity of damages or injuries.
For example, a driver may crash into the back of another car. While this driver would be considered at fault for the accident, the driver who was hit may not receive compensation if they were even 1% at fault. For instance, if the driver who was hit did not signal when switching lanes or they ran a stop sign, they will not receive compensation for the crash.
What Should I Do After a Car accident I Didn’t Cause?
Contact emergency services and/or 9-1-1
After the crash has occurred, identify if anyone was injured in the accident. If so, find a safe location and contact emergency services immediately so the injured can receive medical attention.
Additionally, contact 9-1-1. A state or local police officer will arrive on the scene, complete an initial investigation, and launch a police report of the accident. When speaking to the police officer, refrain from discussing fault, compensation for damages, or speculations about the other driver. Instead, discuss what happened during the accident in detail to assist the officer.
Avoid speaking to the other driver and their passengers
After an accident occurs, it may feel natural to apologize. However, apologizing or discussing your feelings or thoughts in detail may appear like an admission of guilt even if you were not at fault for the accident. Due to Virginia’s strict contributory negligence doctrine, any admission of guilt can weaken your case with your insurance company and result in becoming disqualified for financial compensation for the damages and injuries you incurred.
Collect evidence
Take photos and videos of the accident scene. This evidence can be greatly beneficial when filing a dispute with your insurance company and proving the extent of the damages and injuries inflicted on the property, the driver, and the passengers. The following items are examples of photos that an insurance company and an attorney may consider in their prospective reports.
Identifying information on the other driver’s vehicle, namely their license plate.
Physical injuries of the driver and passengers.
Damage and points of impact of the vehicles. Document the state of the vehicles even if major damage has not occurred.
Damage to surrounding property, including shattered glass, skid marks on the road, and debris.
Environmental factors, including weather conditions like wet or icy roads as well as detours or work zones on the road.
The driver should collect photos and videos of the accident from numerous angles, including close-ups, zoomed-out pictures, and panoramic views. Additionally, maintain a “crash journal” of all injuries and details you can recall from the accident. Later, after acquiring medical treatment, take note of all medical documentation and examples of pain or other hindrances caused by the injuries from the accident. This log can support your case when discussing compensation with your insurance company.
Talk to any witnesses
Record names, contact information, and brief statements from witnesses. An attorney may contact these witnesses later on when developing their case.
Seek medical attention as soon as possible
Victims of car accidents can have severe injuries that they are unaware of. Brain and internal injuries may not have immediate symptoms or pain. Leaving these conditions untreated may result in more dangerous consequences to one’s health, so it is critical to visit an emergency room, urgent care, or primary care physician as soon as possible after a car crash for a comprehensive medical exam. Additionally, medical documentation of injuries caused by the car accident can be submitted to insurance companies when refuting claims.
Speak to your insurance company
File a claim with your insurance company as soon as possible after the car accident. While the driver should disclose basic information including the time and location of the accident, they do not have to disclose injuries, any medical treatment, or other details. Additionally, the driver is not required to speak to the at-fault driver’s insurance company. The driver may redirect additional inquiries from their insurance company to their attorney.
Speak to a lawyer
Finally, seek a lawyer who specializes in car accidents. They have comprehensive knowledge about laws related to traffic accidents and insurance, so their expertise will give the driver a better chance at winning the most compensation for all prior, current, and future expenses related to medical injuries and damages from the accident. The attorney will conduct an investigation of the car accident, gather evidence and interview witnesses, and more. If the insurance company does not grant an appropriate compensation package, your attorney can take them to court on your behalf.
Consult with Alex Taylor after your car accident. As an experienced attorney in personal injury and criminal defense, he will build a strong case to help you face police officers and your insurance company to win the compensation you deserve.
What should I do after a car accident I caused?
A driver at fault for a vehicle collision should complete the steps listed above. Do NOT accept blame for the collision or admit fault to the other party or to police officers who are conducting a report. Fault will be determined by the insurance companies of the individuals involved in the car accident. Contacting a traffic collision attorney to build a strong case can improve your chances of reducing or eliminating your charges.
The “last clear chance” doctrine in Virginia can be employed to work around the contributory negligence law to help an individual recover damages. Under this doctrine, whichever party had the last opportunity to avoid the accident but failed to do so is assigned fault, and the other party may be eligible to receive partial compensation.
