FAIRFAX, VA (April 21, 2025) – A car crash killed an elderly driver and elderly passenger on Sunday, April 20 near Lake Barcroft.

The Fairfax County Police Department (FCPD) were dispatched to the 6400 block of Lakeview Drive around 6:30 p.m. A Tesla left the roadway and struck a tree.

The 75-year-old driver was killed at the scene, while the 81-year-old passenger was critically injured. They eventually succumbed to their deemed life-threatening injuries many hours later.  

Investigations continue.

Legal Steps After Fatal Car Accidents in Virginia

Losing a loved one in a fatal car accident is devastating. During this difficult time, understanding the legal process in Virginia can help families navigate their rights and options.

Understanding Wrongful Death Claims in Virginia

In Virginia, when someone dies due to another’s negligence, surviving family members may file a wrongful death claim. Virginia law designates specific beneficiaries who can recover damages, including spouses, children, and parents. These claims must be filed by the personal representative of the deceased’s estate.

Virginia’s Statute of Limitations

Time is critical in these cases. Virginia law requires wrongful death claims to be filed within two years of the date of death. Missing this deadline typically means losing your right to pursue compensation.

Potential Damages in Fatal Accident Cases

Virginia law allows families to seek several types of damages:

• Medical expenses incurred before death
• Funeral and burial expenses
• Loss of the deceased’s income and benefits
• Loss of care, companionship, and guidance
• Mental anguish and sorrow
• In cases of extreme negligence, punitive damages

Virginia’s Contributory Negligence Rule

Virginia follows a strict contributory negligence rule, which means if the deceased was even 1% at fault for the accident, recovery may be barred entirely. This makes professional legal representation particularly important.

Steps to Take After a Fatal Car Accident

1. Contact law enforcement to ensure a proper investigation and accident report
2. Secure the accident scene evidence if possible
3. Avoid giving statements to insurance companies
4. Begin probate proceedings to appoint a personal representative
5. Consult with an experienced wrongful death attorney

Insurance Considerations

Virginia requires minimum liability coverage of $30,000 per person for bodily injury. However, these limits are often insufficient in fatal accident cases. An attorney can help identify all potential sources of compensation, including:

• The at-fault driver’s insurance
• Your loved one’s underinsured motorist coverage
• Third-party claims against vehicle manufacturers or government entities

How an Attorney Can Help

Navigating a wrongful death claim while grieving is overwhelming. An experienced Virginia wrongful death attorney can:

• Investigate the accident thoroughly
• Identify all liable parties
• Calculate the full extent of damages
• Handle all communications with insurance companies
• Represent your interests in settlement negotiations or at trial

If you’ve lost a loved one in a car accident, seeking legal guidance promptly can help protect your family’s rights during this difficult time.

If you were involved in a traumatic accident in Northern Virginia, the Fairfax accident attorneys at Regan Zambri Long Law can help. Contact us today to schedule a free consultation.

Note: Our team of writers uses secondary sources to produce this post, including local and state media and news sources, regional and state police incident reports, social media platforms, and eyewitness accounts about serious accidents in Mississippi. For that reason, if you find any information that is not correct, be sure to contact Giddens Law as soon as possible so that we can update the post with the most exact information available. A post will be removed upon request. All information in this post is informational and not intended to be considered legal or medical advice. This post is not a solicitation for business.

Disclaimer: All information in this post is informational and is not intended to be considered legal or medical advice. This post is not a solicitation for business.