Virginia Car Accident Attorneys

Car accidents can occur suddenly and significantly alter the trajectory of your life. If you came here after a car accident, we don’t know how serious it is, but we want you to know we’re here for you. At Montagna Law, our Virginia car accident attorneys are compassionate and ready to listen. We fight for the rights of Virginia residents and want to take some weight off their shoulders after a car accident.

Our law firm has over 50 years of experience helping clients recover compensation in car accident cases. No matter how difficult your situation, we want you to focus on recovery while our team handles the insurance companies and fights for the compensation you deserve, including pain and suffering, physical impairment, lost wages, and medical expenses.

Why Choose Montagna Law’s Virginia Car Accident Lawyers

We want to pause to recognize the gravity of what you are going through. Car accidents have long-lasting and sometimes permanent impacts on our lives. We are a law firm that aggressively defends you

Montagna Law’s Track Record of Winning Car Accident Cases Speaks for Itself

The personal injury attorneys at Montagna Law have recovered over 30 million dollars in settlements and judgments for clients throughout Virginia. We are here to fight for your right to fair compensation and will not stop until you get everything you deserve.

Why Our Clients Trust Montagna Law

• $30 million+ recovered in personal injury compensation
• Over 85 5-star reviews from satisfied clients
• A+ BBB rating
• 50+ years of experience fighting for Virginians’ right to compensation
• Three total Virginia offices located in Norfolk, Newport News, and Virginia Beach

Recent Car Accident Lawsuit and Settlement Victories

Some of our recent victories in car accident settlements include:

• $750,000 in a car accident case
• $725,000 in a rear-ending car accident
• $625,000 in an interstate highway car accident
• $500,000 in a car accident case
• $995,000 recovered in a rear-end car accident case
• $900,000 recovered for a back injury in a truck accident case

Hear What Clients Have to Say About Our Virginia Car Accident Attorneys

“My experience with Montagna Law was smooth from the beginning to the end! I was in a horrific car accident and reaching out to this law firm was the best thing to ever happen to me. Ms. Grace communicated so well and was such a sweet soul. I knew I was in great hands! Mr. Montagna was down to earth and was straight forward with everything in my case and I truly appreciated that. Thank you all for everything. Definitely will be back if ever in need of an attorney.” — Brittany E.

“I was referred by a family friend after a car accident. John Montagna called personally and offered his help. He and his team are kind, efficient, and thorough!” — Cheryl W.

“Montana Law firm has restored my trust in lawyers. Each time I entered the office,I was greated pleasantly with a smile and hello. It makes you return a smile. Mr Montagna made me fell confident as a client. He asked questions and answered to my understanding. I’m satisfied with the results. I would recommend this firm to family and friends.” — Jacqueline W.

Should I Hire a Virginia Car Accident Attorney?

Having a Virginia car accident attorney like Montagna Law on your side in your case offers several benefits.

We Identify the At-Fault Party

It is imperative to determine the precise causes of your car accident. Identifying the parties involved in your auto accident will help you maximize your financial recovery.

We Level the Playing Field

When you have been injured in a car accident, you will probably be dealing with the at-fault party’s insurance company. The insurance company does not prioritize your health and well-being. Their goal is to minimize the amount of money you get.

An auto accident attorney can protect you from insurance companies’ unfair tactics. Our attorneys strive tirelessly to secure a settlement offer that adequately covers your accident-related costs.

We Fight for the Full Value of Your Claim

When victims of car accidents attempt to handle their case on their own, they may rely on an insurance company’s assessment of their case’s value. However, insurance companies want to keep your payout as low as possible, so they will almost certainly undervalue your injuries and ignore factors like reduced earning capacity or emotional distress. We fight to help you receive the full compensation you deserve, not just what the insurer is willing to offer.

How Can a Virginia Car Accident Attorney Help Me Recover Compensation?

After a car accident on Virginia roadways, you have the right to seek a fair settlement from the at-fault driver for any losses you have. You may need to:

• File a claim with the at-fault driver’s liability insurance.
• Seek compensation through your own underinsured or uninsured car insurance if the other driver does not have adequate coverage.
• File a personal injury lawsuit against the at-fault party for any damages not covered.

What Should You Do After a Car Accident in Virginia?

After a motor vehicle accident, you can start building a claim for damages right away, but your priority should be safety.

1. Check to see who is hurt: If you can exit the vehicle safely, check on the other driver or drivers involved in the crash.
2. Call 911: The dispatcher will send paramedics if anyone needs immediate medical attention. The police will also respond to investigate the accident. You will need the police report later for your insurance claim.
3. Exchange information: You should exchange insurance and contact information with other drivers at the scene.
4. Gather information and evidence: It is essential to gather as much information as possible after your car accident. Take pictures of what happened, gather any witnesses, and exchange the license plate and insurance information with the at-fault driver.
5. Seek medical care: Car accidents can cause serious injuries. Whiplash and other injuries can take some time to show their symptoms.
6. Contact your insurance company: Notify your insurance company immediately after the accident. Share basic facts, but avoid details or extra information. An insurance adjuster might use what you say to reduce your compensation.
7. Contact a Virginia car accident lawyer: As soon as you can, contact an experienced attorney who can help you make a car accident claim.

Types of Car Accident Cases Montagna Law Handles

Montagna Law handles all types of car accidents that occur on Virginia roads. We have represented thousands of clients in claims involving personal injuries caused by car accidents, truck accidents, motorcycle accidents, and other motor vehicle crashes.

• Head-on collisions: Head-on collision accidents involve two vehicles whose front parts collide with one another. They often result in fatalities. When not fatal, they can cause traumatic brain injuries and injuries to the neck or spine, which can result in paralysis or other permanent disabilities.
• Rear-end accidents: Rear-end accidents happen when one vehicle hits another from behind, often due to the front driver braking suddenly or the rear driver having brake issues. Car accidents like this can cause injuries like whiplash and sciatica. According to current statistics, about 1.7 million such accident cases are reported annually in the United States.
• T-bone collisions: T-bone collisions occur at intersections when an oncoming vehicle rams into the side of another. This type of accident may sometimes be caused by speeding, trying to beat the traffic light, or failing to yield the right of way to another motorist. Often, these collisions can lead to serious or fatal injuries.
• Sideswipe accidents: Sideswipe collisions happen when one vehicle brushes against another, often due to passing too closely or failing to maintain lane discipline. Injuries can range from mild to severe, especially if the impact causes the vehicles to veer off the road or into oncoming traffic.
• Chain-reaction crashes: A chain-reaction crash, also known as multiple crashes, happens when one vehicle collides with another, causing a series of further collisions. These can involve three vehicles or, in extreme cases, up to a hundred.
• Single-vehicle accidents: A vehicle can be involved in an accident by sliding off the road or hitting a stationary object. This incident could result from loss of vehicle control, poor road conditions, problems with the braking system, or bad weather, to name but a few possible causes.
• Hit-and-run: A hit-and-run accident happens when a vehicle hits another vehicle or a pedestrian and the driver leaves the accident scene without waiting for police. Injuries can range from minor to severe, and the main challenge is identifying the at-fault driver. If you’re a victim, you may need to file a claim with your insurance if you have uninsured motorist coverage.
• Drunk driving accidents: Safe driving demands attention to road conditions, vehicles, pedestrians, and hazards. Alcohol and drugs impair driving ability and are illegal in the U.S., causing serious penalties and contributing to car crashes.
• Distracted driving accidents: Virginia law prohibits drivers from using handheld electronic devices like cellphones while driving. Texting and other actions while driving can drastically affect a driver’s ability to react to road hazards. It is a cause of thousands of car accidents across the country every year.
• Failure to yield: Traffic accidents can occur when a driver fails to yield to another, such as when a vehicle making a left turn does not yield to oncoming traffic. Such behavior can lead to collisions. Similar failures to yield can happen during lane changes or when merging onto or off a highway.
• Rollover accidents: Trucks with high centers of gravity are at risk for rollovers, particularly when turning too quickly or carrying improperly loaded cargo. These accidents can cause severe damage, potentially resulting in serious injuries or death for the truck driver and posing risks to other vehicles on the road.
• Left-turn accidents: Left-turn accidents involve vehicles failing to yield the right-of-way to oncoming traffic, as required by Virginia law. The violation can result in the turning vehicle colliding with the side of an oncoming vehicle or a head-on collision, resulting in severe injuries.
• Parking lot accidents: Car crashes in parking lots can cause serious injuries in some situations. Head-on and T-bone collisions are possible at various speeds.
• Highway accidents: Highway accidents in Virginia can be extremely deadly due to higher speed limits. Faster vehicles collide with more force, contributing to greater damage and injuries. Additionally, higher speeds increase the risks posed by weather conditions and road hazards.
• Icy road accidents: Winter weather in Virginia can bring snowstorms and icy conditions. Drivers must be extra careful when driving on ice because it is difficult to control their vehicles. Accidents may result from the loss of vehicle control due to driver error or a wide range of other factors.
• Lyft, Uber, or rideshare accidents: Many people in Virginia use rideshare apps for transportation. However, accidents can occur due to the negligence of a driver or other road users. Passengers injured in these accidents may have a claim against the driver or the rideshare company, depending on the situation.
• School bus accidents: Buses, like large commercial trucks, are cumbersome to operate and require special training. They can cause serious injuries in accidents. School buses and their drivers must adhere to strict legal requirements due to the importance of their passengers, and understanding these is crucial for recovering damages from crashes involving school buses.

Fatal Car Accident Statistics in Virginia

In 2024, our wonderful state lost over 900 lives in motor vehicle accidents. This tragedy is not something we at Montagna Law take lightly. Our goal and passion are to help citizens in the Hampton Roads area avoid accidents at all costs. When the unexpected happens, we want you to know that we will be there for you.

Common Car Accident Injuries in Virginia for Car Accident Victims

If you or your loved one suffers a serious injury, seek help immediately. Some of the most prolific injuries from car accidents do not show symptoms right away. The following are some of the most common auto accident cases our auto accident lawyers encounter:

• Traumatic brain injuries: This type of injury can cause serious changes to cognitive function, communication, and behavior.
• Neck injuries: Whiplash is a common neck injury that can take several days to become obvious, but it is very common in rear-end accidents.
• Head injuries: Blows to the head may cause concussions, which can impact cognitive function.
• Internal injuries: Impact can cause damage to internal organs, causing internal bleeding, organ damage and failure, and life-threatening complications that may not be obvious.
• Spinal cord injuries: Some of the most worrisome injuries, which lead to partial or full paralysis, nerve pain, and chronic pain.
• Disfigurement: Scars, burns, amputations, and lacerations can create disfigurement, which can impact emotional health and well-being.

Our car accident attorneys will help you document all of your injuries, including medical records, to fully pursue fair compensation for them. That includes any immediate medical care needs, physical therapy and rehabilitation, and long-term medical needs.

Is Virginia a No-Fault State for Auto Accidents?

Some states have adopted a “no-fault” system for personal injury claims involving car accidents. Drivers in these states must carry auto insurance that pays compensation for certain losses, such as medical bills and lost wages, no matter who was at fault in the accident. Virginia is not among these states.

Virginia is a “fault” state for car accidents. To recover damages in an auto accident case, you must make a claim against the at-fault driver’s insurance or file a lawsuit against them in court. Proving fault usually involves the legal theory of negligence.

To establish that a person was legally negligent and therefore financially responsible for your injuries, you must prove four elements:

• The person owed a duty of care to you or the public. Drivers must drive safely and obey traffic laws, such as by stopping at red lights and yielding the right-of-way.
• The person breached their duty of care, such as by failing to yield the right-of-way to you.
• That breach caused your injuries. If the failure to yield the right-of-way involved a left turn that led to a collision with your car, you would have to show that your injuries were the direct result of the crash.
• You suffered damages as a result. You must show that your injuries caused you measurable harm, such as by making you incur medical expenses and miss work.

What if a Ridesharing Car is Involved in the Accident?

A ride-share accident is a more complex type of insurance claim. It becomes critical to know who is at fault. If the ride-share driver was providing a ride at the time of the accident by being logged into the app or was on the way to provide a service, Uber, Lyft, or another rideshare company could hold some liability in that situation.

Our personal injury lawyers will explore every avenue for seeking compensation, including claims against the rideshare driver if they were not actively providing service at the time of the accident. However, for maximum compensation, it is advised to let a qualified legal team handle these cases. Rideshare companies are aggressive in reducing any implication of fault in accidents.

Is It Okay to Speak With the Other Driver’s Insurance Company?

The other driver’s insurance adjuster is not there to support you. Their goal is to minimize your compensation. They may ask questions about the accident report to try to trick you into admitting fault. Other times, they may simply deny that their insurance policy covers your losses.

Letting an experienced attorney handle your claim and the insurance company for any driver is critical. With a free case evaluation, there is no risk in reaching out to us so we can verify that the insurance company is treating you fairly.

How Long After a Car Accident Can You Sue in Virginia?

Virginia law sets a deadline for filing a personal injury lawsuit, known as the statute of limitations. For motor vehicle accidents, the statute of limitations in Virginia is two years from the date of the accident. If you file a lawsuit two years and one day after the accident, the court will dismiss the suit, and you will have few, if any, options for recovering compensation.

Keep in mind that pursuing a lawsuit is typically the final option when you are unable to secure a satisfactory settlement offer from the driver’s insurance company. You should start the insurance claim process as soon as possible after the accident so you do not run out of time to file suit.

What Type of Compensation is Available for Car Accident Victims in Virginia?

The compensation you recover for your injuries or those of a family member in the vehicle at the time depends on the loss suffered. Your attorney will conduct a full case review, assess any potential areas of loss, and then compile a comprehensive claim. This type of claim typically includes both economic and non-economic damages.

Economic damages may include:

• Medical bills from the incident
• Ongoing medical expenses and future expected medical care needs
• Lost wages
• Loss of earning capacity
• Out-of-pocket costs

Non-economic damages may include:

• Pain and suffering
• Loss of consortium
• Loss of quality of life
• Mental anguish and emotional trauma

Note that if your loved one lost their life in a car accident, you may be able to pursue a wrongful death claim. These claims may include additional losses such as those associated with loss of companionship and ongoing financial losses.

How Long Will My Car Accident Case Take to Settle?

The length of time your auto accident case will take could be anywhere from a month or two to several years. It depends on many factors, including:

• The circumstances of the accident
• The insurance company’s willingness to negotiate a settlement
• Whether you are willing to settle before either filing a lawsuit or going to trial

Your case will take at least a few weeks, which is how long you and your lawyer will need to collect all the evidence for your claim. If you can reach a settlement agreement with an insurance company, the case might not take much longer than that. It could also take much longer.

How Often Do Personal Injury Cases Go to Trial?

The majority of personal injury cases are settled before a lawsuit is filed. Among the cases that result in a lawsuit, the majority of those settle before trial. You have two years to file suit. Whether you need all of that time to try to negotiate with the insurance company depends on the factors described above.

Once you file a lawsuit, the case goes through several stages that could take several months to a year or longer. If you want to go to trial, you must wait for an opening in the court’s docket, which could take months. At this point, several years may have passed since the accident.

What is the Average Settlement for a Car Accident in Virginia?

Settlements for car accidents can range widely in value. It is nearly impossible to estimate an average with so many factors at play.

The amount you will receive for your car accident depends on several variables, including:

• The amount of damage to the vehicle
• The severity of your injuries
• The circumstances surrounding the accident
• The at-fault party in the accident
• Any economic damages due to lost time from work or inability to return to work

At Montagna Law, we have settled auto accident claims up to millions of dollars. We can’t say how much you’ll get, but we will fight for the biggest settlement possible. We are so confident in our ability to get you money that we collect an attorney’s fee only after our clients get paid.

What if I Was Partially at Fault?

It is not uncommon for more than one party to be at fault in an accident. In Virginia, if you’re even slightly at fault in an accident, you may not get a settlement. Because of this, it is crucial that your attorney work to prove you were not at fault in any way. Witness statements, accident reconstruction, and expert testimony may help to build a case. If you are at fault, get legal advice before you try to file a claim.

How Does Contributory Negligence Work in Virginia?

Virginia uses a legal concept called contributory negligence in personal injury cases. This concept sets very harsh limits on the ability to recover damages in court.

In a personal injury lawsuit, if a defendant can demonstrate that the plaintiff contributed to the accident in any way, the plaintiff may be unable to recover any damages for their injuries. For example, if the jury determines that the defendant was overwhelmingly responsible for the accident yet attributes even a percent of the fault to the plaintiff, the plaintiff could ultimately receive nothing in compensation.

Many states have abandoned contributory negligence and use a system known as comparative fault instead. This system allows a plaintiff to recover damages even if they were partly responsible for the accident, as long as they were less than 50% at fault. It reduces their damages by the percentage of fault attributed to them. If a plaintiff had $50,000 in damages and was found by a jury to be 25% at fault, their damage award would be reduced by one-fourth to $37,500.

Insurance Companies Take Advantage of The Contributory Negligence System

Insurance companies and their attorneys may try to take advantage of the contributory negligence system. If they can blame you, they won’t have to pay you. Legal representation by an experienced auto accident attorney can be critically important in preventing such incidents from happening.

If You Were Recently Injured in a Car Accident, Call Montagna Law

Call us today at 757-622-8100 or use our contact form to schedule a free consultation where you can learn more about auto accident laws and the benefits of hiring one of our car accident lawyers in Virginia. You do not have to fight this battle alone.

Our auto accident attorneys in Virginia apply our same compassionate approach and extensive legal knowledge to every case we handle. Our goal is for our clients to get the settlement or verdict that allows them to recover financially and physically after their major auto accident. We proudly serve Virginia, including Chesapeake, Hampton, Virginia Beach, Suffolk, Portsmouth, and Norfolk.