Auto and Car Accidents

Serving central Virginia

In auto accident cases, it must be determined if the auto accident was caused by the negligence or fault of one of the parties involved. The investigating law enforcement officer usually makes that determination at the scene of the car accident at the conclusion of his investigation. The officer will generally issue a citation to the party who caused the car accident. However, there are certain legal presumptions that operate to place fault on one driver or the other depending on how the car accident occurred. For instance, in a rear end collision, there is generally a presumption that the driver who rear ends another car is at fault in the car accident. Of course, there are instances in which the preceding vehicle which was rear ended is at fault. The ability to prove fault is a key factor in deciding how to proceed. In addition, the State of Virginia recognizes the defenses of contributory negligence and assumption of the risk.

Auto accident crash cases also should be evaluated by determining the type and availability of insurance coverages. Certain coverages apply regardless of the fault of the drivers involved. Other coverages only extend to the driver not determined to be at fault. Moreover, if the state in which the auto accident occurred requires little or only minimal insurance coverages, the amount of available insurance may very well be tendered by the insurance adjuster without the need to file a claim in court.

Unlike most other types of personal injury cases, auto and car accident cases involving injuries are usually worth pursuing with an attorney. This is not because people are rushing out and filing frivolous claims that get paid. It is more a function of the insurance adjusters constantly attempting to "low ball" and mistreat auto and car accident victims. Much of the insurance company's money could be saved by adjusters who fairly compensate victims well before auto accident attorneys get involved. However, the sad reality is that most people will have to hire an auto accident attorney to be fairly compensated.