You need to know your legal rights as a passenger in a car accident in Virginia. According to the Virginia Department of Motor Vehicles, approximately 50,000 people sustained injuries in 2020 in Virginia, 10,000 of whom were passengers.
Another 119 passengers were among the 847 people who died in crashes that year. Unfortunately, most passengers don’t exercise their legal rights and eventually have huge medical debts.
Understanding and exercising your rights might help you avoid being financially overwhelmed after being hurt in a vehicle accident caused by another person’s negligence.
The easiest way to understand your rights is to consult a qualified personal injury attorney. Read on to find out how to protect your rights and what an Alexandria car accident attorney can do to help you after a car accident.
Car Accident Passenger Rights in Virginia
Virginia civil law affords legal rights to all parties involved in accidents, including passengers. It also requires drivers to pay for any damages that result from the accidents they cause.
As a passenger in an auto accident, you typically have the following rights:
- You have a right to ask for the names, addresses, insurance information, vehicle registration numbers, and driver’s license information of drivers involved in the collision. Ask the cops to handle the situation if a driver fails to show proof of insurance or a license when asked. You can get the information from the police when the police officer gathers it.
- If you are hurt in an accident, you are entitled to reasonable assistance, including transportation to a healthcare facility for treatment. You should visit the doctor and have a medical evaluation even if you think you didn’t suffer any severe injuries in the wreck and don’t need emergency care. The pain may not hit you immediately but manifest two or three days later. If you ever need to file a claim, a doctor’s report will prove that the accident was the cause of your injuries.
- You have a right to a copy of the formal police report on your accident. Find out from the police officer investigating the accident when and how you may get a copy of the report.
- You have a right to decide whether to talk with claims adjusters of the at-fault driver(s) or provide a recorded oral statement. Consult an Alexandria car accident attorney before you issue any statements to a claims adjuster.
- You have the right to speak with an experienced personal injury attorney to learn about your legal options. A skilled Alexandria car accident attorney can examine the facts of your case and go over your options for pursuing compensation.
- You have a right to file a claim against the at-fault driver’s insurance company to compensate you for your injuries.
- You have the right to file a personal injury lawsuit against the at-fault motorist and their insurer if the insurer refuses to grant reasonable compensation for your injuries and other damages.
Who Is Liable?
Determining who was liable for the collision is essential when seeking compensation. Although the at-fault driver will be responsible for covering your damages, their insurance provider will usually pay for the claims.
If liability is unclear, the insurance provider can dispute, bringing the need for further action. You may be held accountable if you contributed to the collision or were negligent about your safety.
Here are several scenarios in which you could be held liable.
- You weren’t wearing a seatbelt in the car
- You played a part in the driver’s distraction
- You physically harmed the driver when driving
- You knew that the driver was under the influence of alcohol or drugs
Proving Negligence as an Injured Passenger in a Car Accident
As a passenger injured in a traffic accident, you must demonstrate that the driver of the car that you were in was negligent and thus at fault for the collision.
There are four elements for proving negligence:
- The driver had a reasonable duty of care, as required under traffic laws
- They breached the duty of care
- This led to an accident
- You suffered significant injuries from the accident
Establishing that the at-fault driver acted negligently or recklessly is the only way you can prove that they caused the collision and hold them accountable.
Collecting Evidence to Build a Personal Injury Case Against the At-Fault Driver
When building a claim against the at-fault party, you should look into what happened, what caused your injuries, and who contributed to it. It can call for evidence like:
- The police crash report
- Witness statements
- Images of the accident scene
- Reconstruction of an accident by experts
- Professional medical examination
- Your relevant medical records
- Proof of your damages and costs
Working with an experienced personal injury lawyer makes this procedure much more manageable for accident victims. A lawyer will assist you in your quest for justice and compensation by utilizing the law firm’s financial resources and prior expertise with similar cases.
Understanding the Claims Process After a Car Accident
In most auto accident cases; you don’t have to sue the at-fault motorist for compensation. These cases mainly focus on the following:
- Filing a personal injury claim under the liability insurance of the at-fault motorist
- Providing evidence to support your claim
- Negotiating a settlement
It may be a relief if you think the car driver is responsible for the collision. However, you won’t need to sue them or go to trial to seek compensation from them because they are insured.
Insurance pays for the costs of accident victims like you whose injuries resulted from the driver’s negligence.
How Much Can a Passenger Get in a Car Accident?
Generally, a passenger injured in a collision has the same legal rights to compensation as an injured driver.
The sole exception to this rule is that, in most circumstances, passengers don’t need auto repairs or a rental vehicle. They can, however, get paid for other property damages, such as a broken phone or spectacles, as a result of the accident.
The recoverable damages and costs include:
- Medical treatment
- Lost wages and reduced capacity to earn
- Pain and suffering
- Other intangible damages
There’s no certainty on the settlement amount you can get after an auto accident. A car accident attorney can help ensure you receive the highest possible compensation for your claim.
What Passengers in Accidents in Virginia Should Know
Passengers should know the following:
- Virginia is an at-fault state, meaning the negligent driver will be responsible for paying the costs associated with the collision.
- Virginia has a shared fault system, which means that if you are found to have contributed to the accident in some way, your compensation may be reduced. Don’t make any remarks about the accident until you speak to an attorney to avoid unwarranted accusations.
- The at-fault party could be the driver of the car you were riding in or the driver of the other vehicle involved in the accident. Additionally, both drivers may be listed as partially at fault under Virginia’s shared fault legislation.
- Virginia restricts the types of claims you can make against spouses, kids (including stepchildren), parents, and siblings. You won’t be entitled to compensation if you are involved in a car accident with any of these relatives in Virginia.
- Hitchhikers are not entitled to compensation if they are passengers in a car accident.
- The statute of limitations for filing a claim in Virginia is two years from the accident date.
Multiple Passenger Accidents
Most car insurance plans provide twice as much financial compensation for everyone hurt in a collision as they would for a single person.
In the case of an accident, this protects the insurance provider, but it might not be helpful to the passengers.
For instance, if you were hurt in an accident with a car full of passengers, the insurance policy’s payout will likely be divided among the passengers.
An accident with a driver carrying minimum liability coverage may mean only $30,000 in protection available for all injured parties.
So, if you were involved in an accident involving multiple passengers, speak to an attorney to understand your rights.
How Can a Car Accident Attorney Help You?
As a passenger injured in a car accident, you need a personal injury attorney who will work to get you the compensation you deserve.
The insurance provider of the driver of the vehicle you were in may help him pursue compensation for his bodily injury and property damages.
However, this insurer will not prioritize you. On the other hand, a personal injury attorney will concentrate on helping you seek compensation for your damages. This includes:
1. Gathering accident-related evidence from an objective perspective
A car accident lawyer won’t try to disapprove the involvement of your vehicle’s driver as an attorney representing that person may. Instead, he will gather information from an objective standpoint to maximize your compensation.
2. Help you understand the damages to seek in your claim
An attorney will give you essential information that will help you understand the compensation you deserve, including how the injuries of multiple accident victims may affect the amount of settlement you are entitled to and whom to file a claim against following a crash.
An attorney may also identify other parties that share liability for the accident, such as the vehicle manufacturer or mechanic, in the event of a technical breakdown.
3. Managing negotiations with the insurer on your behalf
Your injury itself could be enough to stress you. When you work with a knowledgeable personal injury attorney, you may delegate negotiations to the lawyer rather than handling them yourself.
You can lower your stress levels and free up your time to concentrate on other aspects of your treatment if you allow your lawyer to handle all correspondence with the insurance provider.
4. Providing informed legal counsel at each stage of the process
An attorney can advise you on how to control what you post on social media when managing your personal injury claim or how to handle communications with everyone involved in the collision. These minor factors can have a significant impact on your pursuit of compensation.
Contact an Alexandria Car Accident Attorney Today!
A tragic accident might leave you confused about what to do next if you are coping with severe injuries and finding it difficult to recuperate.
Consult a knowledgeable car accident lawyer in Virginia if you were injured as a passenger in a motor vehicle accident.
Legal Giant is a lawyer referral service that links you with the best car accident attorneys in your state. Our Alexandria car accident attorneys have years of combined experience handling car accident cases in Virginia.
Our partner attorneys can represent you on a contingency basis, meaning you will only have to pay once you win compensation on your claim.
Contact us at (855) 740-5024 to discuss your legal options.
