If you have been hurt in an auto accident in the state of Viginia, it may seem logical to think the driver should automatically compensate you for your injury. Unfortunately, that is not always the case. The driver’s negligence may not be apparent, so you have to make sure a proper and clear case is established from point A to point B. If the dots are not accurately connected, you may be denied the compensation that you assumed would be obvious for your resulting injuries.
Filing a car accident claim in Virginia requires proof that the other driver had a duty to operate the vehicle safely and behaved in a negligent way. This article will explain some of the key elements that must be proved when establishing a successful case for victims of an auto accident in Virginia.
Every automobile driver has a duty to drive safely and abide by traffic laws. Duty of care involves the obligation to not cause harm to others and abide by traffic laws. When building your case, it is critical to first establish that the defendant or at-fault driver has the duty to drive as safely as possible.
The safety consideration extends to all road users, whether you are a driver or pedestrian; however, drivers have a heavier legal burden as they are required to practice safe driving at all times. To prove this duty of care, there must be no question that the at-fault drive was driving the vehicle during the time of the accident.
Breach of Duty
Once duty of care has been established, your attorney must prove that the at-fault driver did not adhere to their duty as a safe driver. Evidence must prove that the at-fault driver’s conduct did not meet the safe standard of care when the accident occurred. For this, it must be shown that the conduct that directly led to the auto accident, fell below that of a reasonable person in the same situation.
For example, you could argue that a reasonable person would not have driven the vehicle while texting on their phone or have driven under the influence of drugs or alcohol.
Causation is shown when the breach of duty resulted in a traffic accident. Also known as the “but-for” test, the element of causation requires your personal injury attorney to prove that you would not have been in that accident if it weren’t for the defendant’s negligible behavior. The misconduct must be contributed directly to the accident and to your injuries and losses.
For example, texting while driving is a relevant argument for causation. But there are also cases where a third party may have been involved and attributed to the cause of the crash and the victim’s injuries, such as instances when a driver tried to beat a red light.
Communicating all the details of the accident to your attorney is critical in making sure that your claims are backed with solid evidence from all relevant sources.
Damages occur when your traffic accident resulted in injury or other damages such as destruction of property. You must prove that you suffered measurable losses from the auto accident in order to receive compensation. Measurable losses can be economic or non-economic.
Some of the more common damages that a victim will want to seek reimbursement for include those associated with medical expenses, lost wages, property loss, loss of future earning capacity, future medical costs, pain and suffering, and reduced quality of life due to the injuries.
Securing Compensation for Your Losses
An auto accident in Virginia may result in dire consequences, affecting both the vehicles (property) and the life of the victims involved. At-fault parties must be held accountable for their actions and provide the necessary compensation deserved to any/all victims. To achieve this, negligence as discussed above, must be proved.
If you or a loved one have recently been injured in a car crash or have been handling your own auto accident case for some time, seeking an experience auto accident attorney will help you secure the optimal compensation deserved.
If you live in Virginia Beach or surrounding counties, Barney Injury Law is well-equipped to assist you with your case. Scott R. Barney has handled a wide range of auto accident injury cases, including the representation of several clients who initially wanted to pursue their own case.
As a member of the Lawyers of Distinction, Barney Injury Law has successfully recovered millions of dollars on behalf of their clients. Barney Injury Law manages all major car accident and injury claims. Call Barney Injury Law for a free no-obligation case evaluation.
Barney Injury Law – Law Offices of Scott R. Barney
1551 Laskin Road
Virginia Beach VA 23451
Directions: Visit Barney Auto Injury Law Office