Answers To Common Questions About Car Accidents in Virginia

As attorneys dedicated to personal injury law, we frequently field questions from clients and potential clients about motor vehicle accidents. On this page, we’ve provided answers to some of the most common questions we hear. After reading, we invite you to contact Sethi & Sledd, PLLC, for answers to any additional questions you might have.

What should I do if I’m injured in a car accident?

The first priority if you’ve been injured in a car accident is to seek emergency care for yourself or anyone else who needs it. You should also make sure that all occupants of either vehicle move to a safe location out of traffic. If you remain on the scene after these tasks have been accomplished, you can then turn your attention to documenting as many details as you can, exchanging information with the other driver, and cooperating in filing a police report.

Documenting details includes taking pictures of vehicle damage, license plates, tire tracks, and any other unique features. You should also try to get the contact information of any witnesses who could later give testimony.

Once you have left the scene, you can report the accident to your insurance company, but avoid giving any more information than necessary (especially regarding who may have been at fault). Also, contact the attorneys at our firm for case-specific advice and guidance.

Is Virginia a no-fault state?

No, it is not. As in most states, blame is assigned after an auto accident and the at-fault driver’s insurance company is responsible for paying damages. Because determining fault is an important element in collecting compensation, it is a good idea to work with an experienced attorney.

When should I contact an attorney after an accident?

Stated simply: as soon as reasonably possible. Acting quickly is one of the best ways to preserve evidence and maximize your legal options.

Above, we note that many people report the crash to their insurer before calling an attorney, but it may actually be safer to do the opposite. Even though you are a policyholder, your insurance company is primarily concerned with its own bottom line. By speaking to an attorney first, you can avoid saying anything to your insurance company that could compromise the strength of your claim.

Should I see a doctor after a car accident?

If you know you have been injured or even suspect that you could have been hurt, you should definitely see a doctor. There are two reasons for this. First, you need a professional to assess the extent of your injuries and provide treatment. Second, medical records will be an important part of your insurance claim and personal injury case. It is always better to seek treatment and not need it than vice versa.

What if the other person has no insurance?

Virginia is one of just two states that do not mandate auto insurance, allowing drivers to pay an annual $500 fee instead. For that reason, all auto insurance policies offered in Virginia must include uninsured and underinsured motorist (UM/UIM) coverage unless the policyholder opts out of this coverage in writing. Assuming that you didn’t opt-out, you can file a claim with your own policy to recover for injuries caused by an uninsured driver. As long as you are not at fault for the accident, your claim will not affect your insurance premiums.

It is worth speaking to an attorney after an uninsured motorist accident. When you contact us, we can help you explore your full list of options, which could include filing a UM claim, searching for other sources of insurance coverage, and naming additional defendants.

How long do you have to file a claim after an accident in Virginia?

In Virginia, injury victims have two years from the accident date to file a personal injury claim according to the state’s statute of limitations. This time frame applies to cases where you are seeking compensation for injuries.

If the accident resulted in property damage only, you have five years to file a claim. Missing these deadlines can make seeking compensation for damages difficult or even impossible. As such, beginning the claims process as soon as possible is vital in preserving your right to pursue compensation for your accident injuries.

What are the most common causes of car accidents in Virginia and Washington, D.C.?

Car accidents in Virginia and Washington, D.C., are typically the result of driver behavior, environmental factors and roadway conditions such as:

• Distracted driving: Actions like using mobile devices to text or email, adjusting the radio or interacting with passengers can divert a driver’s attention from the road.
• Speeding: Driving above the posted speed limit reduces reaction time and control over the vehicle.
• Aggressive driving: Behaviors like tailgating, abrupt lane changes and running red lights contribute to crashes.
• Driving under the influence: Alcohol and drug impairment lower reaction times and judgment, potentially increasing accident risk.
• Poor weather conditions: Rain, snow and fog can make roads slippery and limit visibility, leading to more accidents.
• Roadway conditions: Potholes, construction zones and poorly marked lanes can lead to collisions.

Individually, these factors can result in a crash – combined, they contribute to a high incidence of accidents in the region.

How common is aggressive driving?

Aggressive driving is a serious and frequent issue in Virginia and Washington, D.C., contributing to a notable share of car accidents. This type of driving includes behaviors like tailgating, erratic lane changes, excessive speeding and road rage incidents.

According to statistics, nearly half of all car accidents involve at least one form of aggressive driving. Aggressive driving behaviors lead to dangerous situations on the road, increasing the risk of accidents and often resulting in catastrophic injuries and property damage.

Let Us Answer Your Questions – Contact Us Today

Sethi & Sledd, PLLC, is based in Reston and we serve clients throughout Northern Virginia and Washington, D.C., including Arlington, Fairfax and Loudoun counties. To discuss your legal options with one of our experienced attorneys, contact us to schedule an initial consultation. Just call 703-214-9671 or fill out an online contact form.