There is no way for you to anticipate every single move of every single motorist on the roadway with you, and one wrong move can change your life. If you have been in a car accident and you are seeking a car accident lawyer in Charlottesville VA such as the ones available at Martin Wren PC, you’re in the right place. If you’ve never been in a car accident before then you have some questions and that’s okay because we are here to give you answers.
What if I was partially at fault for the accident?
This is a great question because even if you think you should be considered at blame even partially, you should first speak to your lawyer to ensure that the proper evidence has been gathered and reviewed. This is an important step to take before you claim that you were at fault for the accident, because there are multiple types of negligence that apply to car accidents.
A car accident lawyer in Charlottesville VA is going to tell you that they need to study your case before they can tell you who is at fault. Virginia is known to be a pure contributory negligence state; this means that the person determined to be at fault for the accident and anyway, even just partially, cannot receive damages for this accident. This means that if you are injured in a car accident and you are determined to be at fault, you cannot recover any money. You could be 1% at fault and you receive nothing.
An example of what this would look like when you go to court, is that you have been in an accident you were severely injured and you have a car accident lawyer in Charlottesville VA who is helping you with your case. You have medical bills, you have not been able to work, a drunk driver crossed over the median and hit your car head on when they were in your lane. This is a wrong way crash, and it’s very clear who is at fault. However if you are speeding at the time of this crash the court could determine that you were negligent by violating the speed laws, therefore you are considered at fault for this accident and you would not receive anything in recovery.
The other driver doesn’t have insurance, what does this mean for me?
If you are in a car accident and the other driver is an uninsured motorist, Virginia law does protect you against the negligence of drivers without auto insurance. Your insurance company is going to fill the shoes of the uninsured driver, and they will pay your injury claim. After this your insurance company then turns around and they go after the reckless and uninsured driver to attempt to get their money back from what they repaid you. This means that when you file for your insurance to drive your car you are paying uninsured motorist coverage which protects you if you or your family members are injured in a car accident involving an uninsured driver.