Do I need a car accident lawyer if the other driver was speeding and caused the crash?

Contact an Experienced Richmond Lawyer Right Away

Yes, it’s still a good idea to speak with a trusted Virginia car accident lawyer. While you’re not required to hire an attorney after a car crash, the legal complexities of the case can quickly become overwhelming.

While you may feel the other driver is obviously at fault because they were speeding, they may be able to prove otherwise. Even if they’re found 100 percent liable, you might not be able to recover full damages without the help of a skilled Richmond personal injury lawyer. Get the fair and complete compensation you deserve with The Mottley Law Firm.

Valuable Evidence: The Car Accident Police Report

After a car accident involving injury, apparent property damage over $1,500, or fatality, you’re legally obligated to report the incident to the police. This is outlined in the Code of Virginia § 46.2-373. The attending officer is then required to submit a written report within 24 hours of completing their investigation of the accident scene.

The police report may detail vehicle speed, aspects of road rage, property damage, and other observations. The officer may offer their opinion that the speeding driver caused the crash, but they don’t have the final say—for instance, insurance companies will likely conduct investigations, too. To seek compensation, the burden is still on your legal team to prove your case, perhaps even in court if necessary.

Criminal Charges and Civil Penalties in Virginia

When a speeding driver causes a motor vehicle accident, the possible criminal and civil cases are separate. For example, the at-fault motorist might get a speeding ticket or face criminal charges for reckless driving. If guilty, they may face fines, jail time, and other penalties. Article 7 of the Code of Virginia states that someone is guilty of reckless driving if they break the speed limit by more than 20 miles per hour. Anything over 85 miles per hour may also be reckless, regardless of the posted speed limit.

For accident victims to recover economic and non-economic damages, they must pursue separate civil action in the form of a personal injury lawsuit. This is how they can fight for settlement to pay for medical costs, loss of income, and other expenses.

Satisfying the Burden of Proof

The police report may state the speeding motorist caused the accident, and you may fully agree with this opinion. But, this isn’t enough. For your case to succeed, there’s a three-part process to prove the other driver’s liability:

Your legal team must prove the other motorist owed you a legal duty of care.
There must be evidence showing they breached this duty of care.
Further, it must be proven that their negligence caused your injuries.

The third point is especially important. Even if the other driver was speeding, they may not have necessarily caused your injuries. Case evidence needs to prove this is true.

Pure Contributory Negligence Rule in Virginia

Many states adhere to some form of comparative negligence. Fault is assigned as a percentage, and your legal right to compensation is then proportional to this percentage. Virginia isn’t one of these states. Instead, the Commonwealth adheres to the legal doctrine of pure contributory negligence. This means the other party must be 100 percent at fault for victims to seek damages.

This is the primary reason why it’s so crucial to hire an experienced car accident lawyer. If the other driver can demonstrate you’re even one percent at fault, you may be barred from seeking compensation from them. They may dispute liability and reduce your compensatory reward to zero.

How The Mottley Law Firm Can Help

The statute of limitations in Virginia for filing a claim is two years, and the complex legal process can be time-consuming, so it’s critical to call our car crash lawyers as soon as possible. Our trusted Richmond personal injury lawyers are invaluable to the aid progress of your car accident case in several ways.

Proving Negligence and Establishing Liability for Injuries

The first step to seeking compensation is identifying all liable parties, but proving negligence in a Virginia car accident is rarely an open-and-shut circumstance. Many factors can be involved and the driver at fault may look for ways to reduce their liability. Our team diligently seeks out evidence to support your case. This may include medical reports, witness statements, photographic evidence, expert analysis, and other valuable sources. With this evidence, we develop a strong argument and advocate for your compensation claim.

Guiding Your Claim to the Correct Party

Even when a potentially speeding driver is involved, there are still other legalities to abide by, including filing paperwork with all insurance carriers, healthcare providers, and other third parties. We ensure your claims are brought forward in front of the right people in a timely manner.

Assessing the Fair Value of a Case Settlement Amount

On the surface, you may think you’re only eligible to recover basic expenses, such as medical bills and vehicle repair costs. In reality, fair compensation may be much greater than that. Your injuries may result in long-term medical costs or reduce your earning potential at work. You can also seek compensation for pain and suffering, reduced quality of life, and other damages. Your lawyer works with you to determine the fair monetary value of your injury claim.

Negotiating for the Best Possible Outcome

Based on detailed analysis, the skilled professionals at The Mottley Law Firm may come up with a dollar amount we believe is a fair settlement. However, an insurer will likely disagree. They may even give you a lowball offer in hopes of closing your case quickly. It’s in their best interest to reduce or even eliminate their company’s liability. Don’t accept this offer. We’ll champion your claim and fight tirelessly to justify your full claim amount.

Understanding What’s at Stake

It’s not just about repairing your car and paying for your initial hospital visit. Broken bones from a car accident can lead to even more expenses. As discussed above, you may have long-term medical costs. Your physical and emotional recovery might affect both current and future wages. It’s important to speak with an experienced attorney who outlines exactly what’s at stake. Other considerations may include:

Further medical treatment and expenses
The need for assistive devices and other medical equipment
Lost wages
Future earning potential
Long-term disability
Quality of life
Pain and suffering
Emotional anguish
Punitive damages