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If you were injured in a car accident you did not cause, you may be entitled to legal compensation from the at-fault driver for your injuries and other losses. However, the process of securing the full and fair compensation you deserve can be complex. From negotiating a settlement with insurers to litigating your case in court, the car accident lawyers at Marks & Harrison can help.
Since 1911, our firm has provided high-quality legal representation to accident victims throughout Virginia and beyond. Over the decades, we have developed the experience and resources needed to take on even the most complex car accident injury cases. Our legal team includes 26 skilled car accident attorneys and over 100 support personnel, including former professional investigators, insurance claims adjusters, and police officers.
Do not wait to consult with a skilled car accident lawyer if you were injured in an auto accident at little to no fault of your own. Contact the car accident lawyers at Marks & Harrison today to learn more about your legal rights and options. We offer free initial consultations. You pay nothing unless we win your case.
What Are the Most Common Causes of Car Accidents?
According to the Virginia Highway Safety Office, there were 118,498 motor vehicle crashes throughout the state in 2021. All in all, one auto accident crash occurred every 4.4 minutes on Virginia roads in that year, resulting in an average of 2.7 fatalities and 161 people injured each day. Alexandria alone saw a total of 1,773 motor vehicle accidents, 734 injuries, and four fatalities.
Each car accident is unique. Because multiple factors may conspire to give rise to one accident, each should be evaluated on a case-by-case basis. That said, recurring patterns do emerge. The following table breaks down some of the most common causes of car accidents in Virginia.
Cause | Total Number of Accidents Caused in 2021 |
Speeding | 5,007 |
Intoxication | 6,749 |
Disregarding traffic controls | 6,964 |
Unsafe lane changes | 8,349 |
Failure to yield the right of way | 16,654 |
Distracted driving | 20,918 |
Tailgating | 24,497 |
What Are Some of the Most Common Injuries Caused by Car Accidents?
Car accidents range from minor fender-benders on neighborhood roads to catastrophic pileups on major highways. Injuries sustained in these accidents are similarly diverse. They may include things like:
- Broken and fractured bones
- Dislocated joints
- Cuts and bruises
- Facial and dental injuries
- Soft-tissue sprains, strains, and tears
- Spinal cord injuries (SCIs), including full or partial paralysis
- Traumatic brain injuries (TBIs)
- Internal bleeding and organ damage
- Amputation
- Whiplash
- Burns
How Is Fault Proven in a Car Accident?
In nearly all auto accident cases, fault is established by showing that someone was negligent (i.e., that they failed to take reasonable precautions to avoid causing an accident). To prove negligence, our attorneys will thoroughly investigate your accident and compile all available evidence to substantiate your claim. Relevant evidence may include things like:
- Police crash reports
- Photographs and videos of the scene
- Footage from traffic and surveillance cameras
- Driver cell phone records
- Car maintenance records
- Post-crash vehicle inspections
- Medical treatment and billing records
- Witness testimony
- Testimony from doctors, traffic engineers, accident reconstructions specialists, and other reliable experts
Importantly, Virginia is one of the few states that still evaluates contributory negligence when determining fault in auto accidents. This old-fashioned rule bars injured victims from recovering any compensation when they contributed even slightly to the cause of the accident underlying their claim. The harsh consequences of this rule mean it is essential that you work with an experienced attorney who can compellingly show that you bear no fault for your accident.
What Is My Car Accident Claim Worth?
Once liability is established, injured plaintiffs may recover a wide variety of compensation for their economic and noneconomic losses resulting from an accident. For example, a court may order that the at-fault party compensate them for:
- Costs of medical treatment and rehabilitation
- Costs of long-term care if the accident leaves them with a long-term disability
- Loss of income from time missed at work
- Lowered earning capacity if the accident leaves them unable to work
- Permanent scarring and disfigurement
- Physical pain and suffering
- Emotional distress
- Lowered quality of life
- Repair or replacement cost of damaged personal property
At Marks & Harrison, our car accident lawyers have successfully recovered millions of dollars on behalf of our clients throughout Virginia. To learn more about the results we have achieved, follow this link.
How Long Do I Have to File My Car Accident Lawsuit in Virginia?
The statute of limitations in Virginia normally gives you two years from the date of a car accident to file a lawsuit seeking compensation from the at-fault party. Lawsuits filed after the deadline passes are nearly always dismissed in court, which will also have the collateral effect of eliminating your bargaining power in out-of-court settlement talks with the at-fault party and their insurers. To avoid the serious consequences of missing the filing deadline, do not wait to consult with a car accident lawyer about your case.
What Should I Do After an Alexandria Car Accident?
If you have been injured in a car accident, there are a number of practical steps you can take to protect your rights to legal compensation. These include the following:
- Report the crash to law enforcement.
- Take photographs and videos documenting the scene.
- Seek medical treatment as soon as possible and follow your doctor’s treatment plan.
- Keep records of your expenses and losses, including bills, invoices, and pay stubs.
- Start a journal documenting the pain and discomfort you experience from your injuries and medical treatment.
- Be extremely cautious when discussing your claim with the at-fault driver and their insurer.
- Avoid talking about your accident and injuries on social media.
- Consult with an attorney as soon as you can to get started on the path toward compensation.
Alexandria Car Accident Attorney FAQs
How Can I Get Traffic Camera Footage of My Accident?
Traffic camera footage can be valuable evidence in a car accident claim. However, obtaining this footage can be challenging without legal assistance. In Virginia, you can request traffic camera footage by submitting an application with your local police office, filing a request under Virginia’s Freedom of Information Act, or by subpoena. Because traffic camera footage can be pivotal to building a strong case, hiring an experienced Alexandria car accident attorney to help gather this evidence is recommended.
Will a Dashcam Help with My Car Accident Claim?
Dashcam footage may help strengthen your accident claim if it clearly shows that another driver or road user caused the crash. This video evidence can help you establish liability and seek maximum compensation for your injuries.
Dashcams in personal vehicles are increasingly popular. A driver who witnessed or was involved in the accident might have a dashcam that recorded the event. If a police vehicle was near the accident scene, its dashcam may have recorded the incident. After a car accident, you should talk to witnesses who saw the crash in case they have dashcam recordings that could bolster your case.
How Do I Get a Copy of the Police Accident Report?
After a car accident, you can request a copy of the police accident report from the Virginia Department of Motor Vehicles (DMV). You may submit your request in writing or by completing an Information Request Form and mailing or faxing it to the DMV with the $8 fee. You can also physically submit your request by making an appointment with the DMV or visiting the customer service center. A written request must include the following:
- Your crash involvement (driver, injured person, owner of a vehicle involved, etc.)
- The crash date and time
- The crash location (street name and town or city)
- The driver’s name (if you were not the driver)
- Your driver’s license number (if you were involved in the crash)
Can the Police Report Help with My Insurance Claim?
A police report can help strengthen your car insurance accident claim by providing an unbiased account of the circumstances leading to the crash and a determination of fault. However, a police report is not binding. Law enforcement officials provide valuable information, but police officers are not car accident experts.
While a police report helps, other forms of evidence are still necessary to build a solid claim. A skilled Alexandria car accident attorney can help you gather the evidence you need to submit a robust insurance claim.
What If the Other Driver Has No Insurance?
In Virginia, an uninsured motorist who causes an accident can be financially responsible for injuries, property damage, or other losses. If you were hit by a driver without auto insurance, you may have several options for seeking compensation:
- Uninsured motorist coverage – If you carry uninsured motorist (UM) coverage as part of your policy, you can file a claim with your insurance company to pursue compensation for your injuries and property damage.
- Another at-fault driver – If another motorist involved in the accident has insurance and is partly at fault for the crash, you could file a claim with their insurance policy to seek compensation.
- Car accident lawsuit – You can sue the uninsured driver for your injuries and crash-related losses. But if the driver has few personal assets, they may have no way to compensate you even if your case is successful.
It’s best to speak to an experienced car accident lawyer in Virginia to determine your best legal options for pursuing financial relief after a crash with an uninsured driver.
Who Pays for My Injuries If I Am a Passenger in a Car Accident?
Under Va. Code § 8.01-63, a passenger in a private motor vehicle injured in a crash caused by the vehicle’s owner or operator has a right to seek compensation for their injuries from the owner or operator. If you were a passenger in a car accident and suffered injuries or other harm, you could file a claim with the at-fault party’s insurance company to pursue compensation. Depending on the circumstances, the at-fault party could be the vehicle’s driver or owner. If the driver of another vehicle involved in the crash is entirely or partially at fault for the accident, you could potentially file an insurance claim with that driver’s policy. A car accident lawyer can review the facts of your case to determine your legal options for compensation if you were a passenger in a vehicle involved in a car crash.
Is It Necessary to Call the Police After a Minor Accident?
Under Va. Code § 46.2-371, drivers involved in accidents that result in injury or death must immediately report the crash to the police. However, it is always in your best interest to contact the authorities after a car accident – no matter how minor the incident or your injuries. Injuries from seemingly minor car wrecks are not always immediately apparent and can take days or weeks to develop symptoms. It is best to call the police immediately after a crash if you need a police report to file an insurance claim later.
Am I Required to Call My Insurance Company After a Car Accident?
You are responsible for contacting your insurance company after a car accident, no matter who was at fault for the collision. Many auto insurance policies have requirements for when a car accident must be reported, so it’s best to contact your company right away. When speaking to your insurance company, offer a factual account of the crash. But avoid admitting fault, apologizing, or speculating about who is to blame.
It’s best to consult an experienced car accident attorney immediately after a crash. Your lawyer can advise you on speaking to the insurer and communicate with your insurance company and other companies on your behalf.
Contact an Alexandria Car Accident Lawyer
If you were injured in a car accident at no fault of your own, contact Marks & Harrison today for a free, no-obligation consultation with an experienced Alexandria personal injury attorney. Our skilled legal team is ready to make sure you know your rights and help you seek the full and fair compensation you deserve.