Car accidents are a catastrophic event for everyone involved, especially since they often cause injuries, damages, and trauma. Unfortunately, however, car accidents are not uncommon. Statistics show that most people will find themselves in a car accident at some time in their lives. Some will get into two accidents, some others into even more. Still, many people encounter their first or even second car accident unknowing – they are unaware of the laws, the procedures, and other important information about a car accident.
Lack of preparation when you get into a car accident can lead to stress and problems with insurance claims and damages. Consequently, it is crucial for everyone to become informed on the important car accident laws of your state. Many Virginia car accident laws will vary from those in other states, so there are several that are very important to know.
What to Do Right after a Virginia Car Accident
Any driver that becomes involved in a Virginia car accident has a legal obligation to stop as long as there was any injury, death, or damage. Virginia car accident law describes this as the “duty of [a] driver to stop.” The driver must try to stop in a way that does obstruct traffic, after which the driver should give his information (name, address, license, and vehicle registration) to the police and any other drivers or persons involved in the accident. In addition, drivers should also reasonably assist injured persons and call emergency medical treatment if needed.
Negligence
Negligence – failure to act with reasonable care – is a standard that is used to determine liability in a car accident. Negligence is used in courts across the United States, but each state can have its own specifications on how negligence applies. Virginia, for examples, recognizes contributory negligence. Contributory negligence means that if someone is at least 1% negligent in the accident, their negligence negates the negligence of the other party and neither will receive compensation.
Statute of Limitations
Every state has statute of limitations with regard to injuries and damages in a car accident. The statute of limitations defines a limit on how long a person who is injured or damaged in an accident can take legal action. The statute of limitations in a Virginia car accident is 2 years. This means that a person must start the legal process within a maximum of 2 years from the accident.
