Get Legal Assistance In Your Auto Accident Injury Case
From Senior Personal Injury Attorney Scott R. Barney, ESQ. in Hampton Roads Virginia.
Types of Injury Cases
Top-Rated Car Accident Lawyer Representing Injured Victims in Virginia Beach and Throughout the Greater Hampton Roads Area
At Barney Injury Law, our Virginia Beach auto accident attorney is a skilled and experienced advocate for injured victims. We know that dealing with the aftermath of a serious car accident can be difficult—especially if you have been forced to miss time at work or if you have medical bills piling up. Do not go up against the big insurance companies alone. Scott R. Barney, Esq. is here to help you get justice and the full and fair financial compensation that you rightfully deserve. For a free, completely confidential initial consultation, please do not hesitate to contact us at our Virginia Beach law office today.
How Common are Car Accidents in Virginia?
Unfortunately, motor vehicle collisions are one of the top causes of serious injuries in our region. According to data provided by the Virginia Highway Safety Office (VHSO), 131,848 accidents were reported in the Commonwealth in 2018 alone. Taken together, these crashes resulted in 66,523 injuries and 819 confirmed fatalities. Every community, no matter how big or small, is affected by car accidents. For reference, here are the local auto accident injury statistics for 2018:
- Virginia Beach: 6,399 crashes and 3,258 injuries.
- Norfolk: 4,181 crashes and 2,142 injuries.
- Newport News: 3,546 crashes and 2,074 injuries.
- Chesapeake: 2,549 crashes and 1.825 injuries.
- Suffolk: 1,768 crashed and 1,173 injuries.
- Hampton: 3,242 crashes and 2,735 injuries.
- Portsmouth: 1,360 crashes and 930 injuries.
- Poquoson: 89 crashes and 48 injuries.
- Williamsburg: 206 crashes and 133 injuries.
Four Steps to Take After a Traffic Collision
Get Medical Attention
Car accident injuries should always be evaluated by a licensed physician. Many common injuries—from whiplash to concussions—occur with a delayed onset. You may not realize how severely you are injured for days or even weeks after a crash. Further, you will not be able to pursue compensation for your injuries or your pain and suffering unless you have seen a doctor.
Report the Crash
Serious motor vehicle accidents should always be reported to the appropriate law enforcement agency. Under Virginia law, all car accidents that result in injuries must be reported. You will want to make sure that an officer is sent to help control the scene and document the crash—especially if your accident happened because of the negligence of another driver.
Exchange Information and Obtain Evidence
As much as you are capable of doing so, you should try to secure as much relevant evidence as possible at the scene of a wreck. As a starting point, this means exchanging information with everyone else who was involved in the crash. Among other things, you should get names, contact information, driver’s license numbers, vehicle make and model, license plates, and insurance information. Additionally, take pictures of the crash and try to get the contact information for any witnesses.
Call a Virginia Auto Accident Lawyer
If you or your loved one suffered a significant injury in a collision, you should speak to an experienced Virginia car accident attorney before you provide any statement to an insurance company. Do not go up against the big insurance companies alone. Your lawyer will protect your rights and interests.
Statute of Limitations for Auto Accidents in Virginia
Under Virginia law (Code of Virginia § 8.01-243), a car accident lawsuit must be filed within two years of the date of the collision. Failure to take legal action before the statute of limitations runs out could result in your claim being time barred as a matter of law. Do not wait to take action after a crash. An experienced Virginia Beach, VA car accident lawyer will make sure that your rights are protected and your claim is submitted before all applicable deadlines.
How to Prove Car Accident Liability in Virginia
To hold another party—most often another driver—liable for your auto accident, you must prove they were “at fault” for the crash. In Virginia, car accident fault is based on negligence. Drivers have a responsibility to comply with state and local traffic regulations and they have a generalized duty to operate their vehicle in a reasonably safe manner. When recklessness, carelessness, or another type of unsafe conduct leads to a crash, a negligent driver can often be held liable for the resulting damages. Some of the most common examples of driver negligence include:
- Running red lights;
- Running stop signs;
- Unsafe lane changes;
- Distracted driving;
- Texting while driving;
- Drunk driving; and
- Drugged driving.
Virginia is one of the few states that still operates under a pure contributory negligence rule. As described by the Cornell Legal Information Institute, contributory negligence is a common law rule that prevents plaintiffs from recovering compensation if they are, even partially, responsible for their own injuries. It is a very harsh legal standard that sometimes makes the claims process challenging for injured victims.
To best protect your rights, it is imperative that you consult with an experienced Virginia auto accident lawyer as soon as possible after a collision. Your attorney will help you secure and organize all of the evidence that you will need to prove negligence and protect you against an unfair finding of fault.
What You Need to Know About ‘Add-On’ No Fault Coverage in Virginia
Virginia is sometimes referred to as a partial no-fault auto insurance state. Motorists in Virginia can purchase ‘add-on’ no fault insurance called Personal Injury Protection (PIP) coverage. If you have a PIP policy, that is almost always the first place to turn after a car accident. In Virginia, injured victims can recover through their PIP policy regardless of who was at fault for a crash. This is why PIP coverage is known as ‘no fault’ coverage.
To be clear, most PIP coverage typically has relatively modest limits. If you or your loved one suffered a serious injury in a crash, you can step around your PIP coverage and file a personal injury claim directly against the at fault driver. Our Virginia Beach auto accident attorney can help you navigate the insurance claims process to ensure that you are able to best recover financial support.
Accident Victims Deserve Full and Fair Financial Compensation
In Virginia, car accident victims have the right to seek financial compensation for monetary and non-monetary losses. To maximize your recovery, you must present well-supported, carefully documented damages. Even when they know that they are on the hook, insurance companies will fight aggressively to pay out as little as possible. Insurance adjusters use a wide range of tactics to try to reduce settlement offers. At Barney Injury Law, our Hampton Roads car accident attorney has the training, experience, and tenacity to hold the big insurance companies responsible. We will help you recover every dollar that you deserve. Depending on the nature of your collision, you may be entitled to recover financial compensation for:
- Emergency room care;
- Medical bills and related expenses;
- Physical therapy;
- Psychological counseling;
- Lost wages;
- Diminished earning capacity;
- Pain and suffering;
- Mental anguish;
- Scarring or disfigurement;
- Permanent physical trauma;
- Loss of quality of life; and
- Wrongful death of a loved one.
How Virginia Auto Accident Attorney Scott Barney, Esq. Can Help
From the moment a person is injured in a car accident, there is someone in an insurance company office far away from the Hampton Roads region whose job it is to minimize any settlement offer or trial verdict. Insurance companies are large for-profit corporations that are focused on protecting their own earnings and bottom line. You cannot rely on them for guidance.
Born and raised in the community, Scott Barney, Esq. focuses on handling complex personal injury matters. Our team is here to help you maximize your recovery so that you can pay your bills and provide financial support to your family. When you call our Virginia Beach law office, you will get a car accident lawyer who will:
- Conduct a free, comprehensive review of your case;
- Answer your questions and help you navigate the claims process;
- Investigate the accident—obtaining material evidence;
- Gather all relevant medical documents and records;
- Handle correspondence with insurance adjusters; and
- If necessary, prepare your case for personal injury litigation. ,
Every car accident claim is unique. We will never leave you in the dark on what is happening in your case. Our legal team prides itself on consistent communication with our clients. You are not just another number. As a sole practitioner, Scott Barney will hand your case with the skill, compassion, and personalized attention that you deserve.
Call Our Virginia Beach, VA Car Accident Lawyer Today
At Barney Injury Law, our Virginia auto accident attorney is committed to providing reliable, client-focused legal representation to victims. If you or someone you know was hurt in a crash, we are ready to help you recover the full and fair financial compensation that you rightfully deserve.
To schedule a free, no commitment initial consultation, please contact us today. With a law office in Virginia Beach, we represent injured victims throughout the Hampton Roads region, including in Norfolk, Hampton, Chesapeake, Newport News, Portsmouth, Suffolk, Williamsburg, and Poquoson.