Virginia Beach Auto Accident Attorney

Accidents can occur every day and at any hour. They are often unexpected and can leave serious damage to either you or your motor vehicle. If you were hurt in a car accident that another driver caused or if you were blamed for someone else’s losses, then having quality legal representation is essential. No matter the seriousness of the injury, an insurance adjuster will try to give an insultingly low offer in hopes you accept without question.

Navigating the court system can be extremely challenging when you are trying to move your life forward, especially if you are dealing with car accident injuries. In jurisdictions like Virginia Beach, VA, strict laws and enforcement of traffic incidents can make life even tougher.

If you or a loved one have recently been involved in an accident, let the Virginia Beach car accident attorneys at Montagna Law Law help you get the compensation you deserve while you focus on recovering call us at (757) 622-8100.

We Believe in Helping People Face Their Time in Court Confidently

Recent Car Accident Lawsuit Verdicts & Settlements

Montagna Law is committed to our work to help our clients receive justice for negligence and get the compensation they deserve and are entitled to receive under Virginia law. Over the years, we have represented thousands of car accident victims and recovered millions of dollars for them.

• $750,000, car accident
• $995,000, truck accident
• $500,000, car accident

We have also recovered millions of dollars for our clients who have suffered injuries from motorcycle accidents, wrongful death, and other types of personal injuries.

What Are Some Common Causes of Car Accidents in Virginia Beach?

For over 50 years, Montagna Law has represented victims of car accidents in the Hampton Roads area. Our Virginia Beach auto accident attorneys have successfully handled countless cases stemming from a variety of auto accidents, including:

Human Error

Human error is often the root cause of a car crash and can include recklessness, speeding, drunk driving, and distracted driving – since the inception of mobile and later smartphones, distracted driving statistics have soared.

Inclement Weather

Bad weather comes in the form of ice, snow, rain, sleet, and wind, all of which can lead to deteriorating visibility, and dangerous road conditions. Drivers who carefully navigate roads under these conditions can get into accidents, but negligent drivers who do not think about hazardous inclement weather conditions are even more likely to cause a vehicle collision.

Inexperienced Driver

Drivers who have not gained experience are more likely to get into an accident. Sadly, motor vehicle accidents are the second leading cause of death for teens in the U.S.

Head-On Collisions

Head-on collision accidents involve two vehicles whose front parts collide with one another and often lead to serious injuries and fatalities, depending on the speed of each of the moving cars.

Rear-End Accidents

Rear-end accidents often occur when one vehicle rams into another from the rear. In cases like this, the driver in front may have braked a little too suddenly, or the driver at the back may have had a problem braking and bringing their car to a halt. A car accident like this can cause whiplash, sciatica, and other kinds of injuries.

T-Bone Collisions

T-bone collisions commonly occur at intersections when an oncoming vehicle rams into the side of another. The accident may sometimes be due to speeding, wanting to beat the traffic light, or failure to yield the right-of-way to another driver. T-bone accidents sadly often lead to fatal injuries.

Sideswipe Accidents

These crashes occur when one vehicle brushes another sideways, and both vehicles have their sides scratching against one another. It commonly occurs when drivers fail to maintain their lane on the road.

Chain Reaction Crashes

Also known as multiple crashes, chain reaction crashes happen when one car causes others to hit the cars before or after them and usually results in a huge force of impact that sends multiple vehicles into one another. Victims may suffer injuries like whiplash, concussion, neck pain, and other severe injuries.

Single Vehicle Accidents

Single vehicle accidents occur when a single vehicle is involved in an accident, whether because it slid off the road or because it hit a standing object. Such an accident may be caused by excessive speeding, loss of vehicle control, problems with the braking system, and more.

So many types of cases fall under the personal injury umbrella, and you need to work with a law firm that has experience working with them all. Montagna Law has decades of experience working on car accidents and all other types of personal injury cases. Clients who come to us can rest assured our personal injury lawyers offer legal representation in most practice areas.

What Should You Do If You’ve Been in a Car Accident in Virginia Beach?

With problems like distracted driving, speeding, failure to yield, and tailgating causing the majority of accidents, you cannot take it for granted that your own good driving habits will always keep you safe. You also need to know how to respond if you are involved in an accident.

Call 911

Determine whether anyone needs immediate medical assistance and call 911 so emergency responders can get there as quickly as possible to attend to any injuries requiring medical intervention. Move out of further harm’s way if necessary, if possible.

Get a Medical Evaluation

Your health and wellbeing should be your number one priority following your accident. If you are not transported to a hospital from the scene of the crash, make sure you see a healthcare professional yourself. The doctor will identify, diagnose, and treat any injuries you have sustained which will significantly reduce the likelihood of suffering from complications in the future. Your medical evaluation will be an imperative piece of evidence when you later file an auto accident claim.

Report the Crash

Report the crash immediately to the police. An officer will arrive to survey the scene, document the incident, and file a police report. This report will contain important details relevant to the accident that could get lost over time, including current weather conditions, eyewitness testimony and information, and traffic conditions.

Gather Evidence

Start by taking photos and, if possible, videos of the scene of the accident, the damage done to any involved vehicles, and your injuries. Take images of road conditions, traffic signals, and any other potential contributions that led to the crash. We also recommend writing down your recollection of the event as this can help to refresh your memory later down the line. If anyone witnessed the accident, ask them if they would share their contact information.

Exchange Information With Other Drivers

Exchange contact and insurance information with any of the other drivers involved in the crash. Be sure to get their insurance company name, phone number, driver name, driver address and phone number, and the color/make/model of any car involved in the collision.

Report Incident to Insurer

Report the incident to your insurer company, but do not discuss the crash with them until you have spoken to an attorney. Insurance adjusters, even your own, are not always looking out for your best interests. Never admit you were responsible to the other driver or any of the involved insurance companies because there could be other circumstances that led to the crash of which you are not aware.

Refuse Preliminary Settlement Offers

Recovering compensation after a car accident in Virginia Beach is not easy. To ensure that you are properly compensated for your injuries, do not speak to insurance companies until you have consulted with an auto accident attorney.

Contact an Attorney

It is impossible to know how your time in court or long-term recovery might play out until you discuss your case with an attorney. Hiring a car accident attorney is the best way for you to maximize the amount of compensation you receive for your injuries and damages. Working with the Montagna Law team could empower you with a better roadmap to recovery.

Is Virginia a No-Fault State for Accidents?

The Commonwealth of Virginia is a fault state for car accidents. This means the motorist at fault for causing the car accident is also responsible (through their insurance company) for paying for any injury or property damage. This is why it is incredibly important to NOT admit fault until you consult with a knowledgeable attorney even if you think you caused the accident because other circumstances may be present that you were not aware of, such as drinking, drugs, distracted driving, or other factors.

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

If you suffered a Virginia Beach car accident, you have two years from the date of the accident to file a claim under VA Code §8.01-243. This statute of limitations is strict and only under special circumstances will a court take a case that has passed the two-year deadline. While two years sounds like a long time, it goes by fast because it takes time to prepare a case. It is always wise to speak to an accident lawyer who is well-versed in Virginia law, and they can also determine if your case fits in the special circumstances to have a longer period of time to file.

The timeframe following a car accident is crucial and, when facing injuries and property damage, it further adds to what is already an incredibly stressful time period. Speaking to an auto accident lawyer who is equipped to guide you through the aftermath of a crash may be the last thing on your mind, but it is important to take certain steps as soon as possible to preserve your legal right to file.

How Does Contributory Negligence Work in Virginia Beach?

Virginia is one of a handful of U.S. states where pure contributory negligence applies in motor vehicle accident situations. This is a harsh rule that states if an injured individual is found to have contributed to the accident or damages in any way, even if minor fault, they do not have a case. The other driver must be proven to be 100% at fault for you to collect compensation – this is a good reason why it is important to have an experienced Virginia Beach attorney by your side.

How Long Does It Take to Settle a Car Accident Claim?

Because every case is so different, there are no stats on the average amount of time it takes to settle a car accident claim in Virginia. There are several factors that go into determining how long a car accident takes to settle:

• The severity of the resulting injuries
• The length of medical treatment required for the victim
• Whether or not an agreement is reached as to who is at fault for the accident
• How quickly the insurance adjusters provide a fair settlement offer

If the insurance company fails to offer a fair settlement in their allotted time, you can file a lawsuit. The earlier you involve us in your case, the better. We will immediately begin to collect evidence to prove negligence and determine the at-fault driver. While for many cases, this requires just a police report and eyewitness testimony, some cases are much more complicated and require the testimony of other specialists to prove negligence.

Should I Hire a Lawyer After a Car Accident in Virginia Beach?

Settlements for car accidents can range wildly in value, and it is nearly impossible to estimate an average with so many factors at play. The amount you will receive for your car accident in Virginia Beach depends on a number of variables, including:

• Amount of damage to the vehicle
• Severity of your injuries
• Circumstances surrounding the accident
• At-fault party in the accident
• Any economic damages due to lost time from work or inability to return to work

At the law offices of Montagna Law, we have settled personal injury claims for millions of dollars for our clients. We fight to help you recover the largest 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. Schedule a free consultation with one of our auto accident lawyers in Virginia Beach to learn more about how we handle the payment for our services.

Should I Hire a Car Accident Lawyer Even for a Minor Accident?

Minor accidents can often still cause serious injuries. Plus, injuries often do not surface immediately. Some of the most serious and long-lasting injuries, such as traumatic brain injury, often do not surface until days, weeks, or even months after the accident. It is imperative to your long-term health and well-being that you contact an attorney who can help you to coordinate medical treatment that can alleviate any long-term consequences.

The Virginia Beach car accident lawyers at Montagna Law will file your claim and ensure that your rights remain protected throughout the entire claim process. We will work on your behalf to collect evidence to prove your accident-related damages, including costs of medical bills, lost wages, and future earning capacity. We will pursue the other driver’s insurance, seeing to it that you are fairly compensated for your injuries, no matter how severe or minor.

How Long Will My Car Accident Case Take in Virginia Beach?

Unfortunately, it is difficult to ascertain how long a car accident lawsuit will take as circumstances will differ from case to case. Factors that will determine the length of a case are insurance companies, insurance claims, whether the case goes to trial, or if the case is able to be settled outside of court.

We recommend you jump into action as soon as your injuries allow you to do so. Contact Montagna Law so our personal injury attorneys can take a look at your case and offer our analysis. We will also ensure that you do not miss any deadlines that could render your case ineligible for review and will work to mitigate events that will prolong your case.

Has a Car Accident Wrecked Your Life?

In a perfect world, the law would help all who need it. Unfortunately, it is all too easy to find yourself on the wrong side of the rules if you are unaware of your rights. At Montagna Law, our clients are very important to us, and we promise to advocate for you and aggressively negotiate with insurance companies to make sure they do not give you a low settlement offer.

We have decades of experience in advising all kinds of people who seek to return normalcy to their lives after auto accidents. Our past clients include motorists, passengers, pedestrians, and victims in the Virginia Beach area. We have also successfully served people all over the world who experienced traffic accidents while working on military bases or as government contractors.

Regardless of whether you are pursuing monetary damages to offset your pain and suffering or trying to prove your innocence, we are fully prepared to help. Do not let the legal system set you back. Contact Montagna Law today to find out why so many people depend on us after their auto accidents. Call us at (757) 622-8100 or fill out our convenient online contact form to speak to our legal team about obtaining legal advice or to learn about our other personal injury law practice areas.