If you were in a car accident and someone is saying it was your fault–but you believe otherwise–you need to protect yourself. Virginia has one of the strictest contributory negligence laws in the US.
If you are found to be even 1% at fault for an accident, you may be unable to recover any damages. Because of this law, it’s always best to contact a Virginia Beach car accident lawyer if there is any question about who was at fault.
Steps to Protect Yourself if There’s an Accident
First and foremost, make sure everyone is safe and call 911, if necessary. In Virginia, you must report an accident to the police if there is an injury, death, or property damage over $1,500.
Exchange contact and insurance information with everyone involved in the accident. In addition, there are some steps you can take to protect yourself in the event of a disagreement over who was at fault.
For one, gather any evidence that supports your view of the accident. Take pictures of the scene that show the position of the vehicles, road conditions, traffic signs, and any other relevant details.
If there were any people who witnessed the accident, try to get their contact information and ask them what they saw. The police who respond to the accident will also issue a report that includes their opinion about who was at fault.
If the other party was named, this may be very strong evidence that supports your position. If the police report says you were at fault or contains incorrect information, independent witness statements can be very persuasive and will help you challenge this conclusion. You should tell your insurance company and attorney about any concerns you have with the report and support your position with the evidence you’ve collected.
If you were hurt, collect your medical records as proof of how severe the accident was and that you needed medical attention. Ask your attorney how long after the car accident you can claim an injury. Similarly, if the accident happened in an area with surveillance cameras, ask for the footage at the time of the incident and see if they caught it.
Keep all this information and documentation well organized. This will help tremendously should an action be filed in court.
More to Do to Protect Yourself
Contact your insurance company as soon as you can after the accident. If there is a dispute over who is at fault, send your insurer those details, too. They may do their own investigation and may help you with third-party claims or legal proceedings.
Try to remain calm and professional. You may need to communicate and negotiate with the other party, but be careful not to say or write anything that can be misconstrued as admitting any fault. That said, it’s often recommended to have an attorney handle these negotiations to ensure your interests are protected.
Get the Proper Legal Counsel
If negotiations fail or the insurance company’s assessment is unfavorable, a personal injury attorney who is experienced in Virginia law can provide legal advice, assess the strength of your case, represent you if you or the other party decides to file a lawsuit, and help you navigate the legal process, mediation sessions, and court proceedings.
The legal process in Virginia and abiding by its contributory negligence law can be tricky. It’s essential to consult with an attorney who is familiar with the specific laws and regulations in the area and who specializes in car accidents. This will help ensure you have the best possible representation and guidance during the dispute process.
In Summary
To maximize your chances of success, it’s crucial to gather strong evidence, consult with an experienced attorney from Coastal Virginia Law, follow the appropriate legal procedures, and meet all procedural deadlines.
Be sure you know what questions to ask your lawyer for a car accident before you meet with an attorney. By taking these steps, you can protect your rights and work towards a fair resolution of your dispute.
