Driving is a vital part of life in Richmond and the surrounding area. Even individuals who do not drive a car themselves may ride as a passenger in a friend’s car, a cab, or a ridesharing service. This puts everyone at risk of an accident that can inflict serious, life-changing injuries.
Fortunately, if another party was at fault for an accident that resulted in your injuries, you may be able to pursue compensation. Normally, this means gathering evidence that another motorist’s poor driving directly caused the accident.
A Richmond car accident lawyer may be able to help you to prove your case. This includes making a claim for compensation from a defendant driver’s insurance company as well as taking a case to court if settlement talks fail to bring a satisfactory outcome. Contact a dedicated personal injury attorney today to see if you have a case. En Español.
Almost every collision that happens on Richmond’s roads is someone’s fault. Even if the two cars never make contact with each other, a driver who forces another off the road may still be responsible. When evaluating fault after a motor vehicle crash on Commonwealth Center Parkway or some other highway, courts utilize a concept of law called contributory negligence. This means that juries must evaluate the actions of all people involved.
Unfortunately, this can be bad news for injured plaintiffs. If a jury believes that a victim contributed in any way to the accident that caused their injuries, it must completely dismiss the claim. Insurance companies are aware of this law and often attempt to shift blame for an accident onto an injured plaintiff.
As a result, it is critical to be able to demonstrate that the actions/inactions of plaintiff/injured party did not contribute to the collision. A Richmond car accident attorney could help injured plaintiffs gather evidence and prepare to refute any allegations that the injury victim was in any way contributorily negligent in the accident.
Every driver on Richmond’s streets accepts a duty to avoid causing any undue harm to others. This includes an obligation to follow the rules of the road and to drive safely and responsibly. As a result, plaintiffs have two main paths to attempt to prove defendant negligence.
The most effective way to demonstrate negligence is often to present evidence that a defendant violated a rule of the road. If a police report indicates that an officer issued a ticket for failing to yield, ignoring a stop sign, driving drunk, or speeding on a road like West Broad Street, this can serve as powerful evidence of negligence.
The other method of proving negligence is more difficult. In cases where neither party receives a ticket, it is often necessary to perform more in-depth investigations. This can involve visiting the scene of the incident and talking to any third-party witnesses. These cases are often a challenging balancing act as defendants and their insurance companies are aware of the laws concerning contributory negligence and may be hesitant to come to a settlement if they believe that a plaintiff was in any way responsible. A skilled car crash attorney in Richmond could help identify the best manner in which to pursue a case for compensation.
Motor vehicle collisions are among the most common sources of personal injuries in Richmond, especially in dangerous areas like Hermitage Road or Walnut Grove. Whenever another party is at fault for these accidents, that party and their insurance company are liable to provide compensation for all your losses. It is not uncommon for claims to demand payments for medical bills, lost wages, and emotional trauma.
Sadly, plaintiffs in Richmond automobile accident cases have a high legal barrier to cross. The courts use a concept called contributory negligence to eliminate a plaintiff’s ability to recover if they were in any way responsible for the accident. Laws in the state also provide strict deadlines for bringing a case to court. According to VA Code § 8.01-243, your claim may be barred if you wait longer than two years from the date of the accident. Contact a Richmond car accident lawyer today to get started.