Being rear-ended can be a frightening and disorienting experience. You might walk away with minor aches and pains, or you could be facing serious injuries requiring extensive medical care. Regardless of the severity, one thing is certain: you deserve compensation for your damages.
But in Virginia, recovering what you're owed after a rear-end collision can be more complicated than it seems. The state follows a strict contributory negligence law, which means that if you are found to be any percentage at fault for the accident, you may be barred from receiving any compensation at all.
We can help you understand Virginia's contributory negligence laws and how they can impact your claim after a rear-end collision. We'll also explain how a skilled Virginia rear-end collision lawyer from Coletrane & Messersmith can help you navigate this complex legal landscape and fight for the compensation you deserve.
Understanding Virginia's Contributory Negligence Laws
Unlike most states that follow a comparative negligence system, Virginia adheres to a "pure contributory negligence" law. This means that if you are found to be even slightly at fault for the accident, you are barred from recovering any compensation for your injuries or vehicle damage.
Here's an example: You're stopped at a red light when the driver behind you crashes into your car. It seems like a clear case of the other driver's fault. However, the other driver's insurance company might argue that you were brake-checking (applying the brakes abruptly without a reason), which contributed to the accident. Even if you believe this is completely untrue, if a court finds you even 1% at fault, you wouldn't be eligible for any compensation.
How Even Minor Fault Can Affect Your Claim
The burden of proof in a personal injury case falls on the plaintiff (the injured party). This means you have to prove the other driver's negligence and the extent of your damages.
Virginia's contributory negligence laws make this even more challenging. Insurance companies will use any opportunity to shift even a sliver of blame to you. They might point to:
- Following too closely: They might argue you weren't leaving enough space between your car and the one in front of you.
- Failure to use turn signals: Even a minor oversight like forgetting to signal a lane change could be used against you.
- Brake lights malfunction: If your brake lights weren't working properly, it could be used to support a claim of shared fault.
The Burden of Proof Lies With You
The burden of proof lies with you. If the other driver claims you contributed to the accident, the burden of proving your innocence falls on you.
This means gathering evidence to support your claim. Vital pieces of evidence include a detailed police report accurately reflecting the accident, statements from any witnesses, and any available dashcam footage. Even the damage to both vehicles can provide clues about fault.
Collecting and organizing this evidence can be complex and time-consuming, and it's crucial to preserve all relevant materials. Remember, any piece of evidence, no matter how small, could be vital to your case.
Don't Be Left High and Dry: Why a Lawyer Can Help
Navigating Virginia's complex contributory negligence laws can be overwhelming, especially when you're dealing with the physical and emotional aftermath of a car accident. A Virginia rear-end collision lawyer from Coletrane & Messersmith can provide invaluable assistance by:
- Investigating the accident: We will thoroughly investigate the cause of the crash, gathering evidence to prove the other driver's negligence.
- Negotiating with insurance companies: Insurance companies are notorious for offering lowball settlements. Your lawyer will fight to ensure you receive the full compensation you deserve.
- Understanding Virginia's contributory negligence laws: Your lawyer has the experience to anticipate the arguments the other side may make and develop a strong legal strategy to counter them.
- Representing you in court: If necessary, your lawyer will represent you in court and fight aggressively for your rights.
Don't let Virginia's contributory negligence laws prevent you from recovering the compensation you deserve after a rear-end collision. Contact Coletrane & Messersmith today for a free consultation. The attorneys at Coletrane & Messersmith are experienced rear-end collision lawyers who have both case history and results to show for it. We'll discuss your case in detail and explain how we can help you get the justice you deserve. Visit us online or by calling (757) 223-4455 to schedule your free consultation.
