Virginia Is an At-Fault State? What Does That Mean?

If you have been involved in a motor vehicle accident and want to file a claim to hold the other driver accountable, you need to know whether Virginia is an at-fault or no-fault state. Determining this is important because it can change how you hold the negligent driver accountable and receive compensation for your injuries and other losses. Each state has its own rules and regulations for determining fault and holding an at-fault driver legally responsible for an accident.

Is the Commonwealth of Virginia an at-fault state?

Yes, the Commonwealth of Virginia is an at-fault state. This means that if you are injured in a car accident, the at-fault party is legally liable for your losses. Most of the time, the at-fault party is a negligent driver. However, it is not uncommon for other parties, such as a vehicle manufacturer, rental company, road owner, or employer, to contribute to or cause the accident.

If you are having trouble determining who is at fault for your Richmond car crash, remember that fault is based on negligence. Therefore, if another driver, manufacturer, pedestrian, auto mechanic, bicyclist, or road cleaning crew acts negligently, they are most likely liable for your crash. Here are a few examples of negligence:

• Acting carelessly or recklessly
• Speeding
• Driving while drunk or intoxicated
• Improper lane changes
• Failing to use turn signals
• Texting or talking on the phone while behind the wheel
• Failing to clear debris or glass scattered on the roads
• Failing to inspect, repair, or maintain vehicles
• Using risky or hazardous vehicle parts without warning the public
• Failing to stop at a stop sign or light

If you prove that another party negligently caused your crash, they will be considered at fault. In the Commonwealth of Virginia, the at-fault party is held liable for the damages from the accident. For example, if a drunk driver slams into your vehicle, they are considered negligent for driving after drinking alcoholic beverages, which means you can hold them liable for your damages from the accident, including medical expenses, lost income, property damage, pain and suffering, and more.

How can I prove that the other driver is at fault for my crash?

To file a car accident claim and seek compensation, you will need to prove that the other driver or another party is at fault for your crash. That means showing that they owed you a duty of care but breached their duty of care by acting negligently, which resulted in your accident and damages. The following are some of the forms of evidence used to prove that the other driver or party is at fault for a crash:

• Photos
• Videos
• Surveillance footage
• Dashcam footage
• Eyewitness statements
• Expert witness testimony
• Cell phone records
• Drug or alcohol tests

Virginia Code § 46.2-894 states that all car accidents must be reported if there is any vehicle damage, injuries, or deaths. Therefore, if you are involved in an accident, it is your duty to stop at the scene, move out of traffic’s way, dial 9-1-1 to report the accident and wait for the responding officers to arrive to make a police accident report.

What if I am partially at fault for a car accident in Virginia? 

Virginia operates under a pure contributory negligence system. Many people find this system harsh because it means that even if you are determined to be one percent at fault for the car accident, you cannot file a claim or seek compensation for your losses. However, it is still worth discussing the facts with an attorney to see how the law may apply in your case.

What if the at-fault driver does not have car insurance?

Virginia Code § 46.2-472 explains that all drivers must carry a certain amount of liability insurance throughout the Commonwealth. These liability limits are $20,000 for property damage per accident, $30,000 for bodily injury or death per person, and $60,000 for bodily injury or death per accident. While these liability limits are put in place to ensure that drivers can be held financially responsible for car accidents and the damages they cause, the unfortunate reality is that some drivers still choose to drive uninsured. However, since uninsured and underinsured motorist coverage is a requirement in the Commonwealth of Virginia, you can rely on your own uninsured and underinsured motorist coverage to help you pay for your damages. This means that you would need to file a claim with your own insurance company, submit proof of your accident and injuries, and wait for your insurance company to decide on whether it will cover your losses.

Remember that even though you may have been using the same insurance company for years, this does not mean that they will not give you a hard time or try to make it more difficult for you to obtain the coverage you have spent years paying for. That is why hiring a car accident lawyer is so important. Your lawyer can conduct a thorough investigation, handle all communication with your insurance company, help you collect strong evidence to submit with your claim and fight for your right to the compensation you deserve.

Were you recently injured in a car accident? If so, please do not hesitate to contact the Richmond car accident attorneys from Phelan Petty Injury Lawyers at your earliest opportunity. We have many years of experience assisting clients with these types of cases, and we will do all that we can to help you prove that your injuries exist, that the other party’s negligence caused your accident and injuries, and that you have accumulated expensive costs due to the accident and injuries. If you are ready to work with a team who will stand by your side and fight aggressively for your rights, call our office or submit our contact form today for a free consultation. We happily serve clients throughout Virginia.