If you or someone you love was one of the approximately three million people injured in an automobile accident this year, you may feel like you’re fighting an uphill battle. This may be especially true if you or your loved one was one of the two million people who suffered permanent injuries as the result of an accident.
It’s not fair that in the blink of an eye, your life can completely change because of someone else’s negligence—that about 90 people die every day because of car driver negligence. To make matters worse, a majority of these accidents are completely preventable. In fact, approximately 40 percent of these crashes are caused by drunk driving, and 63 percent are due to reckless driving or speeding. Moreover, nine people die every day because of distracted driving. Although alarming, this statistic makes sense when you figure that a driver is 23 times more likely to become involved in a crash if he is texting while driving.
The experienced auto accident legal team behind Tavss Fletcher has over 100 years of experience with personal injury law, and is one of the most trusted firms in the southeast Virginia and northeast North Carolina areas.
Contributory Negligence Rule in Virginia and Why it Matters to You
Virginia is one of the few states in the country that follows the “contributory negligence” rule. Also known as "contributory fault,” this law states that if a judge or jury finds you at all responsible for the crash, you aren’t entitled to receive any compensation. Victims are only allowed to receive compensation for medical bills, vehicle repairs, and time lost from work if they are found to be 100 percent innocent of any blame in the accident.
The rule becomes a bit more complicated when multiple people are involved in the accident. Virginia law states that you don’t have to prove that each defendant was completely guilty, just that their total amount of responsibility adds up to 100 percent. For example, if three people were involved in the accident, the judge can find one party 70 percent at fault and the other party 30 percent at fault, and you can still receive compensation. As long as the combined total reaches 100 percent and your total is 0 percent you may be able to win compensation.
Statute of Limitations for Virginia Car Accidents
Virginia has rules regarding how long car accident victims have to decide whether or not to file lawsuits. The state recognizes that it takes time to realize how your injuries can affect you in the long run, and gives you time to consult with your doctors to come up with an idea of what your injuries will mean for you in the future, including:
- Your ability to work and provide financially for you and your family.
- The amount of medical bills you will incur now and in the future as a result of your injuries from the accident.
In most cases, car accident victims in Virginia have two years to file personal injury claims. The time limit refers to cases that are filed in court, and the time begins when the accident occurs. However, hiring a car accident attorney now, immediately after your accident, is ideal, as it can take time to collect evidence and prepare a strong case.
If you fail to file under the two-year time restriction, you won’t be able to present your case to a judge or jury and will not be able to receive compensation that you may be entitled to.
The only exceptions to this statute of limitations are if you are a minor or an incapacitated individual at the time of the accident, in which case the time limit may be extended, or if you are involved in an accident with a government employee or are in an accident that involves government property, in which case, the government sets up the time limit for filing an administrative claim over the accident.
Types of Virginia and North Carolina Car Accidents We Accept
Many accidents leave victims with serious injuries, major medical bills, and no way of earning an income. A variety of different auto accidents can occur that can result in death. The types of cases that we take on include:
- Rollover crashes
- Head-on collisions
- T-bone crashes
- Pedestrian accidents
- Bicycle accidents
- Rear-end collisions
These types of accidents can leave victims with serious and permanent injuries. Some examples of injuries that may occur include:
- Broken bones
- Traumatic brain injuries
- Spinal cord fractures
- Facial damage
- Many other injuries
These injuries can change the way both you and your family live. With such an undertaking, we think it’s only fair that you attempt to hold the person responsible for your hardships responsible for his or her negligence.
You deserve to have a compassionate, knowledgeable, and determined advocate on your side to give you a voice and fight for what you deserve—and we believe a car accident lawyer from Tavss Fletcher is just the person that can do that. When you are ready, take a moment to complete our online form, and you’ll receive a prompt response from our legal team. Or, you can call 877.960.3441 and schedule an appointment to speak with someone about your situation.