Frequently Asked Questions About Virginia Car Accidents

How long do I have to file a claim? What if the other driver doesn't have insurance? Can I still seek damages if I was partially at fault? Our car accident clients have lots of questions and we have lots of answers. Until you are ready to call and schedule a case evaluation with us, feel free to look through our section of Frequently Asked Questions to find the answers to the questions you have. And if your question is not there, do not hesitate to call us.
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  • What happens if I’m the victim of a road rage accident with an aggressive driver?

    Most drivers have seen aggressive drivers on the road. Aggressive driving is any behavior that is intended to harass, intimidate, or injure another driver. Aggressive driving can become even more dangerous with the driver exhibits “road rage” which is considered a serious criminal matter because the driver who is overcome by road rage ultimately hurts someone else. That driver may wield a weapon, run into the other driver’s car, or try to corner the other driver by jumping out of his car to physically confront him. Road rage and aggressive driving accidents

    If you suffer an injury in an accident with an aggressive driving or someone engaging in road rage, they may face criminal charges. You may also file a civil case against the driver to recover damages.

    Behaviors That Constitute Reckless or Aggressive Driving in Virginia

    Most people know the signs of reckless or aggressive driving. These include:

    • Speeding
    • Following too closely (tailgating)
    • Failing to stop or yield the right-of-way when appropriate
    • Driving outside of marked lanes
    • Making unsafe lane changes
    • Cutting off other drivers or preventing them from entering the roadway
    • Passing illegally

    Aggressive driving with the intent to injure another driver is a Class 1 misdemeanor in Virginia. Penalties can include fines and jail time (no longer than 12 months). If no one is injured in an aggressive driving incident, the charge might be a Class 2 misdemeanor. Offenders may also be required to participate in an aggressive driving program.

    Filing a Civil Claim After a Road Rage Accident

    Whether or not the at-fault driver is been charged with a misdemeanor in an aggressive driving incident, you can still file a personal injury lawsuit if you suffered injuries during the accident. You will have to show that the other driver violated one or more of the offenses listed in the Virginia Code, and the driver had the intent to harass, intimidate, or injure another person.

    Contact an Experienced Attorney

    Your chances of making a fair recovery of damages after a road rage accident is better with the help of an experienced lawyer. Your lawyer can help deal with the complexities of a complicated aggressive driving case, including police investigators, eyewitnesses, insurance companies, medical expenses, and in some cases, wrongful death.

    Please contact us for a free, no-obligation consultation to learn about your rights and to discuss the details of your case. 

     

  • Does Virginia place a cap on car accident damages?

    If you are injured because of a car crash that involved someone else’s negligence, suing the other driver can help cover your costs for mounting medical bills and lost income. In the state of Virginia, however, a damage cap may place a limit on how much you can recover.  Caps on car accident compensation

    The Definition of a Damage Cap

    When you sue someone after being injured in a car accident, you are usually seeking compensation for economic and non-economic damages. With a damage cap, this will limit the amount of money you’re awarded. Damage caps are put in place to avoid large-payout verdicts that jurors sometimes make based on emotion and negatively impact the economy.

    In Virginia, certain damage caps may limit the amount of compensation you can recover in your case. If punitive damages are a consideration in your situation (which happens only in rare cases), this means the at-fault driver is found to have acted in a reckless or outrageous way that is deserving of punishment. Damages are capped at $350,000. If your accident involved a minor who damaged your property, you will only be able to collect $2,500 from their parents.

    Types of Damages You Might Get in a Car Accident Case

    Some of the economic damages you might be able to recover include:

    • Cost for car repairs
    • Medical expenses
    • Lost wages

    Non-economic damages can be tougher to estimate, and these can include pain, suffering, and loss of enjoyment of life.

    The best way to ensure that you receive maximum compensation for your damages is to work with an experienced car accident attorney.

    Our Fairfax Car Accident Lawyers Can Help With Your Injury Case

    Virginia is one of a few states that applies a standard known as “contributory negligence.” This means that accident injury victims who are found to have contributed to the accident in any way—even if they are deemed just one percent at fault—they may not be able to recover damages. It’s crucial that you work with an attorney who has experience with this type of challenging case. Contact the law firm of Kearney, Freeman, Fogarty & Joshi to schedule a free, no-obligation consultation.

     

  • How does a medical lien affect my car accident claim?

    A lien is a security interest placed by one party against another party’s property. For example, if you borrow money to buy a car, the bank places a lien on the title until the loan is paid in full. This means, you cannot sell the car until you’ve paid off the loan and the bank releases the lien.

    A lien against your personal injury claim

    Medical liens are similar, but instead of loaning money, medical care providers treat an injured party without getting paid right away, retaining the right to be paid for those services with a lien. The lien in this case is against the settlement money from your personal injury case. A healthcare provider agrees to treat you in exchange for your agreement to pay the provider once your personal injury claim has been resolved.

    Medical Liens Make Personal Injury Claims More Complicated

    This type of a lien is often unavoidable because injured people need immediate treatment, and that treatment is often expensive. Incurring a lien on a personal injury claim makes resolving your personal injury claim a bit more complicated. The final lien amount has to be double-checked to ensure it covers only treatment that was related to the accident.

    There may be room for negotiation of the final amount owed if the claim amount is insufficient to fully compensate you for your injuries. In most situations, a personal injury attorney will try to negotiate with healthcare providers to get them to accept less than the amount of the lien.

    Call Us for Help

    Lien law is extremely complicated, and most people will find it difficult to navigate without the assistance of an attorney. Please contact us for a free, no-obligation consultation to learn about your rights and to discuss the actions we can take on your behalf to protect the recovery you deserve. We work on a contingency fee basis. This means, you won’t owe us any upfront legal fees, and we will be paid when your case is settled or resolved in court. To learn more, please call, or contact us through our website.

     

  • Can I get compensation for PTSD after a car accident?

    Car accident victims can suffer a wide variety of injuries in a crash. Physical injuries may be fairly easy to diagnose; however, for victims and their families, there may be emotional consequences that can be more difficult to identify. While not as tangible as a physical injury, the stress, worry, and depression that victims face are just as real. Emotional trauma can have a significant impact on daily life, and victims deserve care and compensation for these injuries just as they would any medical condition. It’s not uncommon for an accident victim to experience post-traumatic stress disorder (PTSD). PTSD after a car accident

    What Is PTSD?

    PTSD is a psychiatric disorder that can be experienced by a person who has witnessed or been involved in a traumatic event, including a serious car accident. Symptoms of PTSD can begin soon after the triggering event or may not appear for years. Commonly, these symptoms include:

    • Intrusive memories. These memories can occur as upsetting nightmares or simply unwanted, pervasive thoughts related to the accident.
    • Avoidance. Accident victims may try to avoid people or places that remind them of the accident. Others may try not to feel anything at all—a behavior referred to as emotional numbing.
    • Negative thoughts. These negative changes can manifest as hopelessness, lack of interest in typical activities, feelings of detachment, memory changes, and negative thoughts about oneself or others.
    • Changes in physical and emotional reactions. People suffering from PTSD often have trouble controlling their reactions to different situations. This can mean being easily startled or frightened, feeling constant fear, being irritable, having angry outbursts, engaging in dangerous behaviors, and having difficulty concentrating.

    Obtaining Compensation When You Suffer From PTSD

    Suffering from PTSD can make life extremely difficult. Accident victims who experience PTSD may have trouble maintaining their jobs, and they can require a significant amount of care from a medical professional. This disorder can manifest itself in different ways for different people, so it’s important to get a proper diagnosis and find the best treatment options for your unique situation.

    After a crash, it is possible to obtain compensation for PTSD through a personal injury claim, but victims should know that proving claims of PTSD can be challenging. Victims must show that they truly suffer from this disorder and demonstrate its impact on their lives. Testimony and the opinions of experts in the field would likely be necessary to:

    1. Prove that the victim does suffer from PTSD specifically
    2. Prove that the PTSD is, in fact, related directly to the car accident in question
    3. Explain the prognosis and consequences of the PTSD on the victim’s life both now and likely in the future.

    The American Psychological Association names car accidents as one of the leading causes of PTSD in the U.S. Given the extremely personal nature of the disorder, however, it can be difficult to determine how much compensation should be awarded. An experienced attorney can help accident victims and their families understand their rights, as well as prepare a comprehensive claim with ample, effective evidence. Our Fairfax lawyers understand how difficult life can be following a car accident, and we have helped many victims obtain the compensation they need to recover as fully as possible. Call our office today, or take a moment to fill out the contact form on this page to learn more about how we may be able to help.

     

  • What is the difference between full tort and limited tort car insurance?

    Full tort coverage and limited tort coverage are car insurance options that impact how much an injured party can recover in a car accident case. Limited tort is not available in all states, but it is an option in some. It is an option that must be exercised at the time auto insurance is purchased and not at the time a crash occurs. Full and limited car insurance

    Full Tort and Limited Tort Car Insurance

    People with full tort car insurance can pursue full damages from a negligent driver or an insurance company after a crash. This includes damages for lost wages and pain and suffering. While injured parties must still prove the value of these damages, the amount they can recover is not limited by their insurance contract.

    People who instead choose to purchase limited tort insurance pay less in insurance premiums than people with full tort coverage, but they are also paying for less insurance. If a person with limited tort insurance is hurt in a crash, that person may only recover pain and suffering damages if his injury hits a certain threshold and is classified as a serious injury.

    Virginia is a Tort (Fault) Car Accident State

    In Virginia, the driver who caused the crash is responsible for paying for the injuries resulting from the crash. This includes pain and suffering. While there is no exact science in determining the value of pain and suffering, insurance companies and courts may consider things such as:

    • The extent of your injuries
    • The medical treatment that you have received and will need in the future
    • The impact the injuries have had on your daily life, your ability to work, and your family life

    Auto insurance policies contain a lot of technical language that can impact your recovery of damages after a crash. If you have been hurt in an accident, the best way to ensure that your right to a fair recovery is protected is to contact an experienced Fairfax car accident lawyer. Our attorneys are here to help you. We would be pleased to offer you a free, no-obligation consultation, so you can learn more about your rights and potential compensation. Please call us, or reach out to us today via this website to learn more.

     

  • Have red light cameras reduced the number of car accidents at intersections?

    The answer is yes. According to study commissioned by the Insurance Institute for Highway Safety (IIHS), red light cameras have reduced fatal intersection accidents by 21%, and red light cameras have reduced all intersection accidents by 14%. Use of red light cameras

    How Red Light Cameras Are Used in Virginia

    In 2007, the Virginia General Assembly approved the use of red light cameras at Virginia intersections, and in 2009, Virginia Beach became the first city in the commonwealth to use this technology. Over the past decade, the use of red light cameras has expanded to other Virginia towns and cities.

    Red light cameras are attached to traffic signals and sensors. If a vehicle enters an intersection after the light turns red and the mandatory grace period of at least one half a second has passed, a series of pictures or a video may be taken by the camera. This information is then reviewed by law enforcement officials. If a police officer determines that the driver of the vehicle violated the law by running a red light, a ticket will be mailed to the owner of the vehicle, if appropriate.

    Contact Kearney, Freeman, Fogarty & Joshi

    If you’ve been hurt in a Virginia intersection crash, it is important to contact an experienced car accident lawyer for help. Your attorney will consider all of the evidence related to the accident, including any footage from a red light camera, and advise you of your rights and potential recovery. To learn more, please contact us today via this website or by phone to schedule your free, no-obligation initial consultation.

     

  • How does Google Maps know when there’s heavy traffic or a car accident?

    Technology has certainly changed since Google Maps debuted on February 8, 2005. Today, Google obtains some of its information about traffic and car accidents from people who don’t know they’re providing it and from others who want to share it. How Google maps traffic

    Three Ways Google Maps Gets the Info it Needs

    Google can’t get the information it needs to report on traffic and car accidents without help from others. Specifically, Google Maps gets its information about road conditions from:

    • Crowdsourcing. People are encouraged to report traffic conditions through Waze, and that information is included in the traffic condition data reported back by Google Maps.
    • Local highway authorities. Local highway authorities may have road sensors or cameras and may share that information with Google.
    • Information from your phone you may not know you’re sending. If you have location services turned on in your phone settings, you may be transferring information about traffic conditions to Google without even knowing it. Google analyzes how fast you are moving while the Google Maps app is open and uses that as part of its traffic condition analysis.

    Google Maps provides many benefits to users who are traveling to a new location or who are stuck in traffic. The app may tell them how to bypass traffic, which lane to be in to ensure getting off at the right exit, and the length of time for certain slow-down points.

    Google Maps may be a helpful tool for you and other drivers, but as with any map or GPS, it’s important to not become distracted when using it and to keep your eyes first on the road.

    If you have been in a car accident, please contact Kearney, Freeman, Fogarty Joshi today by sending us a message or calling 877.652.1553. 

     

  • How are future medical costs calculated after a car crash?

    If your car accident injury will require medical treatment that extends after your accident case resolves, you need to include the costs of future medical treatment in your settlement (or court verdict). Otherwise, you will bear all of the financial responsibility for your future medical costs.  Valuing future medical costs

    Valuing Expenses in the Future

    Determining future medical costs for your injury can be difficult to do, but a personal injury attorney can help you do this accurately. In order to value medical expenses for future treatment, it is important to have:

    • An accurate diagnosis and treatment plan. This should include all of your accident injury reports and all of the medical care you are likely to need.
    • An expert witness. This type of witness can testify as to what your future medical needs are likely to be and what they may cost in the future. These witnesses can include doctors and healthcare economists.
    • An experienced attorney. You need to hire an attorney who can analyze the financial data and make convincing arguments to the insurance company or to the court about future medical costs, so you are awarded fair compensation for your injuries.  

    You Have Just Once Chance to Make a Fair Recovery

    Once you accept a settlement or your case is decided in court, your case will be over. You will not be able to seek additional damages from the defendant in the future. Accordingly, you need to properly value your future medical costs while your case is pending. This includes damages for all of your future doctor visits, hospitalizations, surgeries, medications, rehabilitation therapies, and other medical costs related to your car accident injuries.

    To learn more about your potential recovery for future medical expenses, please contact us today to schedule your initial consultation with an experienced car accident lawyer.

     

  • Do I need an attorney if my injuries were caused by a driver who ran a red light?

    Yes. It may appear that the other driver was at fault for the accident and for your resulting injuries. However, car accident liability is not always clear, and car accident damages can be complicated. Legal representation when liability is clear

    How an Attorney Can Help

    Even if you feel the other driver was definitely at fault for your car accident and injuries, a personal injury attorney can help you by: 

    • Gathering evidence to establish liability. You may know that the other car ran the red light, but that is not enough to convince the insurance company or the court to provide you with fair compensation. Instead, you need evidence that proves liability.
    • Being prepared if you are accused of being at fault. In Virginia, you may be unable to recover damages if you bear any responsibility for the accident. For example, if you were distracted at the time of the crash and are found to be partially at fault, you will be unable to recover damages even if the other driver ran a red light.
    • Establishing the value of your damages. The other driver may be clearly at fault for the crash, but his lawyers may dispute how badly you were injured in the crash and the value of your damages. An experienced lawyer can review your medical records and gather the required evidence to prove how badly you were hurt and what you should recover for past, current, and future medical expenses, lost income, out-of-pocket costs, and pain and suffering.

    Don’t Hesitate to Call an Attorney

    Not only can your attorney help maximize your damages, he will deal with insurance adjusters, file court papers, and negotiate your settlement while you concentrate on your physical recovery and moving forward with your life.

    We would be pleased to provide you with a free, no-obligation consultation if you have been hurt in a crash caused by a driver who ran a red light. Please call us, or contact us via this website today to learn more.

     

  • What type of eye injury could I suffer in a car accident?

    The trauma of a car crash can result in a serious eye injury. As with any type of car accident injury, you will need to prove what injury you suffered, why it happened, and who is legally responsible for it in order to recover damages. Car accident eye injuries

    Car Crashes and Eye Injuries

    There are a variety of eye injuries you can sustain after a car crash. These injuries include:

    • Lacerations. If the crash causes an object to scratch or punctures your eye, your vision may be impacted.
    • Orbital fractures. Broken bones around your eye could impact your vision.
    • Corneal abrasions. A scratch or abrasion of the cornea could impact your vision.
    • Retinal detachments or tears. The force of the car crash can cause this serious type of eye injury.
    • Chemical burn. If the powder from the airbag enters your eye, your vision could be affected by a chemical burn.
    • Traumatic brain injury. Your vision may be impacted if certain areas of the brain are hurt.

    Kearney, Freeman, Fogarty & Joshi Can Help Personal Injury Cases

    Once the cause of a crash and the responsible parties are identified, you may decide to take legal action to recover damages for your eye injury. Through a settlement or court case, you may be able to recover compensation for your medical expenses, lost income, out of pocket costs, pain, suffering, and other damages.

    Let us help you get the fair recovery you deserve if your vision has been damaged or lost after an accident. Contact us today to schedule a free, no-obligation consultation with an experienced car accident lawyer at your convenience.