Car Accident Lawyers in Virginia Beach

Hampton Roads Accident Statistics

Vehicle accidents are more common than you might think. In fact, the Transport Planning Organization recorded 26,170 crashes in 2021 in Hampton Roads alone. Out of those incidents, there were 16,531 injuries and 179 fatalities. This is a greater crash rate than any other area of Virginia. For reference, Hampton Roads experienced 1.87 crashes per million vehicle miles of travel in 2021. Here are what surrounding areas experienced that same year.

• NOVA: 1.41 crashes per million VMT
• Richmond: 1.63 crashes per million VMT
• Roanoke: 1.7 crashes per million VMT

Most Dangerous Intersections in Virginia Beach

Quite a few Virginia Beach intersections tend to be prone to accidents. According to data from 2022, the most dangerous intersection is Independence Boulevard and Virginia Beach Boulevard, with 141 accidents occurring that year. Of course, this also includes the exit off I-264. Northampton Boulevard and Diamond Springs saw 106 accidents, counting the I-64 exit.

Some other accident-prone intersections include the Indian River Road and Kempsville Road intersection, in addition to the Dam Neck Road and Princess Anne Boulevard intersection, with 88 and 74 accidents, respectively. Rosemont Road and Holland Road saw 76 accidents, while Witchduck Road and Virginia Beach Boulevard saw 82 accidents.

Common Injuries From Virginia Beach Car Accidents

Injuries from car accidents range from mild to severe, and they can take quite a few different forms. Here are the most common injuries that victims of car crashes may suffer.

Head and Back Injuries

Some of the most severe injuries from car accidents are head and back injuries, as they can be challenging to recover from. They include:

• Traumatic brain injury
• Concussion
• Spinal cord injuries
• Facial injuries

Neck and Chest Injuries

Considering the seated position people are in when they experience car accidents, neck and chest injuries are common. The force of being sent forward by momentum can cause serious injuries due to the rapid tightening of the seat belt or impacting the steering wheel. These injuries can include:

• Broken or bruised ribs
• Whiplash
• Heart attack

Soft Tissue Injuries

Soft tissue injuries are common in a lot of different types of accidents, and that includes auto accidents. These injuries include:

• Sprains
• Strains
• Bruising

Arm and Leg Injuries

Victims of motor vehicle accidents can suffer serious damage to their arms and legs, especially if they are involved in accidents at high speed. High speed is not necessarily required, however, as certain injuries can happen simply because one’s limbs were at an unfortunate angle at the time of the accident. These injuries can include:

• Broken bones
• Dislocated joints
• Limb loss

Wrongful Death

The most serious potential injury from an auto accident is one that is fatal. If you lost a loved one to a car accident, you may be able to pursue compensation in a wrongful death suit following the fatality.

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

The time following a car accident is crucial, and that can make it incredibly stressful.

Hiring a Virginia Beach auto accident lawyer and filing a lawsuit may be the last thought on your mind. Still, taking specific steps in the aftermath of your Virginia Beach car accident is essential, as your actions now can affect any legal claims you decide to file later.

Get a Medical Evaluation

Your health and well-being should be your top priority following your Virginia Beach car accident. If emergency medical personnel do not transport you to a hospital from the crash scene, seek medical attention on your own. The doctor can identify, diagnose, and treat any injuries you’ve sustained, significantly reducing the likelihood of complications in the future. Your medical evaluation is also a crucial piece of evidence when you later file a personal injury claim.

Report the Crash

Report the crash immediately to the Virginia Beach police. An officer will arrive to survey the scene and document the incident. The officer’s report will contain important details relevant to the car accident case that could get lost over time, including current weather conditions, eyewitness testimony and information, and traffic conditions.

Gather Evidence

Start by taking photos of the scene of the car accident, your injuries, and the damage done to any involved vehicles. We also recommend writing down your recollection of the event to help refresh your memory later.

Refuse Preliminary Settlement Offers

Recovering compensation after a car accident in Virginia Beach is not easy. To protect your right to fair compensation for your injuries, consult with a Virginia Beach auto accident attorney before speaking to any insurance companies.

Contact a Virginia Beach Car Accident Law Firm

Hiring a car accident attorney helps you maximize the compensation you receive for your injuries and damages. Call Montagna Law today to schedule a free consultation with our Virginia Beach legal team.

What is the Statute of Limitations for Filing a Car Accident Case in Virginia Beach?

After being involved in a car accident, you have a certain period of time in which to file a lawsuit for compensation. Typically, the statute of limitations in Virginia for auto accidents is two years from the accident date. Given how quickly two years can pass, it is recommended that you seek help from a Virginia Beach car accident attorney as soon as possible.

While the two-year limit applies to most situations, there are two exceptions related to the statute of limitations. If the accident victim is a minor, the time period for the statute of limitations does not begin until the victim turns 18. For example, if the accident occurred on their 17th birthday, they would have three years to file a lawsuit.

The other exception to the two-year limit involves instances in which the accident victim falls into a coma or is physically or mentally incapacitated. The two-year deadline does not count down while the victim is in such a condition.

Understanding Contributory Negligence in Virginia Beach

Unlike most other states, Virginia utilizes a contributory negligence policy in determining whether you can recover damages after an accident. Under the contributory negligence policy, if a victim in an accident is found to be responsible for the accident to any degree, they will be unable to recover damages. This differs from other states’ comparative negligence policies that only penalize victims for how much they contributed to the accident in terms of a percentage after analyzing the accident report.

In general, the only way you can recover damages after an accident in Virginia is if you can demonstrate that the other party involved was 100 percent responsible for the accident. The only exception under personal injury law is if you are a passenger on a common carrier like a bus. In those instances, you can file claims against the transport company and the driver to recover compensation.

What Damages Can I Claim After a Car Accident in Virginia Beach?

After a car accident in Virginia Beach, you can recover both economic and non-economic damages. Economic damages are easily quantifiable and represent monetary costs you suffer due to an accident. They can include medical bills, disability, lost wages, reduced earning capacity, nursing care, and vocational rehabilitation.
Non-economic damages are more difficult to quantify because they typically represent suffering you endured that cannot be easily translated into monetary value. They include pain and suffering, PTSD, reduced quality of life, emotional distress, disfigurement, and loss of consortium.

The amount you will receive for your car accident in Virginia Beach 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 car 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 fight to help you recover the largest injury settlement possible. Schedule a free consultation with one of our auto accident lawyers in Virginia Beach to learn how we can help you in the aftermath of your car accident.

Should I Hire a Virginia Beach Car Accident Lawyer for a Minor Accident?

Minor car accidents can still cause serious injuries. Additionally, injuries often do not surface immediately. Some of the most severe and long-lasting injuries do not surface until days or weeks after the accident.

It is imperative to your long-term health and well-being that you contact a Virginia Beach personal injury attorney who can help you coordinate medical treatment to alleviate any long-term consequences of your injuries.

The Virginia Beach auto accident attorneys of Montagna Law will file your claim and protect your rights 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 and lost wages. We will pursue the other driver’s insurance and fight for you to be fairly compensated for your injuries, regardless of severity.

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

Because every case is different, there is no way to predict the time needed to settle a car accident claim in Virginia Beach.

Several factors go into determining how long a car accident takes to settle, including:

• The severity of the resulting injuries
• The car accident victim’s medical expenses
• 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 easier the process will be for you. We’ll hit the ground running, collecting evidence to determine the at-fault driver and prove negligence. While for many cases, this requires just a police report and eyewitness testimony, some cases are much more complicated and need specialist testimonies to prove negligence.

We recommend that you act as soon as your injuries allow. Contact us to set up a free consultation where we can discuss your case in detail. We will also work with you so you do not miss any deadlines that could render your claim ineligible for review.

My Friend Crashed My Car in Virginia Beach. Am I Liable?

Car insurance is typically attached to the vehicle rather than the driver in the state of Virginia. If it is your car that is involved in the accident, then liability is yours. That means your insurance will be liable for any damages that were done with your car, provided that you consented to your friend driving your car in the first place.

What if I Was in a Virginia Beach Car Accident With a Tourist?

Virginia Beach is a common tourist destination, so there is a greater chance that you will get in an accident with a tourist here than in many other communities. This can be particularly problematic because visitors may be from states with different insurance policy laws and regulations. Even the mandatory minimum amount of insurance that drivers must have varies from state to state.

Navigating the differences in insurance regulations can be tough on your own, but you should still be able to recover damages when you’re involved in an accident with a tourist. You should get legal advice from an experienced Virginia Beach personal injury lawyer who can facilitate communication with out-of-state insurance providers and determine how much of the damages insurance claims will cover.

Don’t Face Your Virginia Beach Car Accident Case Alone

Whether you’re pursuing monetary damages to offset your pain and suffering or trying to prove your innocence, we’re fully prepared to help. Our past clients include motorists, passengers, and pedestrians in the Virginia Beach area. We help accident victims seeking to return to normalcy after auto accidents.

Our experience and dedication to our clients throughout Suffolk, Virginia Beach, Chesapeake, Norfolk, Portsmouth, and Newport News have earned our law offices a collection of awards, including a client satisfaction award from the American Institute of Personal Injury Attorneys and Top 10 awards from Attorney and Practice Magazine. Call our law firm at 877-622-8100 or use our online contact form to schedule your free consultation and start your journey to recovery.