Who Is at Fault in a Rear-End Collision in Virginia?

What Are Rear-End Collisions?

A rear-end collision occurs when the front end of one vehicle strikes the rear of another. This type of accident can happen at any speed and often catches the front vehicle off-guard, potentially leading to significant damage and injury.

Who Could Be Held Liable in a Rear-End Crash?

Determining liability in rear-end collisions often defaults to the rear driver, under the presumption that they were not maintaining a safe following distance or were not attentive to the traffic conditions. 

However, the lead driver can also be found at fault if their actions contributed to the accident, such as sudden reversals without cause, or operating a vehicle with non-functioning brake lights. 

Liability can further extend to third parties if, for instance, a vehicle malfunction due to improper maintenance or a manufacturer’s defect is a contributing factor. 

Negligent Behaviors that Can Cause Rear-end Collisions

Negligent behaviors are a primary factor in many rear-end collisions, with some actions being particularly prevalent:

• Distracted Driving: Engaging in activities that take away attention from the road, like texting, eating, or adjusting the radio.
• Speeding: Exceeding the speed limit or driving too fast for road conditions, leading to inadequate stopping time.
• Tailgating: Following another vehicle too closely, not allowing for sufficient space to stop safely.
• Driving Under the Influence: Operating a vehicle while impaired by alcohol, drugs, or medication can severely hamper reaction times and decision-making.
• Fatigued Driving: Driving while excessively tired can mimic the effects of impaired driving, leading to slower reactions to traffic signals and the behavior of other drivers.

To prove negligence and win a case in Virginia, one must demonstrate that the other driver owed a duty of care, breached that duty through their negligent actions, and directly caused the accident and subsequent damages. 

This process typically involves gathering evidence such as eyewitness testimony, traffic camera footage, and police reports. Expert testimony from accident reconstruction specialists can also be pivotal in illustrating how the negligent behaviors led to the collision. 

Contributory Negligence Laws in Virginia

Virginia’s strict contributory negligence rule can bar recovery of financial compensation if you’re even minimally at fault for your injuries. Virginia also has a statute of limitations of two years for personal injury claims, which means you have two years from the date of the accident to file your claim against the negligent driver. 

Filing promptly and accurately is essential, and a skilled car accident attorney can be invaluable in proving your lack of responsibility. At Regan Zambri Long, our Virginia car accident lawyers will gather evidence, challenge contributory fault assertions, and work to establish the other party’s full liability to secure the highest compensation possible.

Is Virginia a No-fault State?

Virginia is an at-fault state, which means that as the injured party you would seek compensation from the negligent driver who caused the crash, not your own insurance company.

In Virginia, drivers are required to carry a minimum amount of liability insurance: $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more persons, and $20,000 for property damage.

This insurance coverage is essential when determining the fault and financial responsibility in a rear-end collision. According to the Virginia Department of Motor Vehicles (DMV), insurance may provide coverage for damages, but coverage does not determine fault.

The Claims Process Following a Rear-End Collision

After a rear-end accident, the typical claims process involves notifying your insurance company, which will then investigate to determine fault. This investigation can include reviewing police reports, interviewing witnesses, and assessing vehicle damage. 

If the other driver is found at fault, your insurer will seek compensation from the at-fault driver’s insurance provider to cover your damages.

Dealing with Uninsured or Underinsured Motorists with Your Rear-End Crash

Virginia law allows drivers to pay a fee to drive uninsured, which can complicate matters if an uninsured driver is at fault in a rear-end collision. In such cases, your  policy’s uninsured motorist (UM) or underinsured motorist (UIM) coverage can help pay for your damages and injuries. 

However, this also means your insurer steps into the shoes of the at-fault party, which could potentially lead to your insurance company disputing your claim. It’s important to have sufficient UM/UIM coverage and to consult a knowledgeable rear-end collision attorney who can navigate the complexities of filing a claim against your insurance and ensure that you receive fair compensation for your losses.

Protecting Yourself After a Rear-End Collision in Virginia

After experiencing a rear-end collision in Virginia, take the following steps immediately to protect yourself:

• Ensure Safety: Move to a safe area to avoid further accidents.
• Call 911: Report the accident to the police and request medical assistance if necessary.
• Exchange Information: Swap contact and insurance details with the other driver.
• Document the Scene: Take photographs of the vehicles, location, and any visible injuries.
• Witness Contacts: Obtain the names and contact information of any witnesses.
• Seek Medical Attention: Even if injuries are not apparent, a medical evaluation is important as some symptoms may appear later.

Gathering evidence at the scene is imperative. It provides a factual basis for any insurance claims or legal proceedings that may follow. Photographs, witness statements, and a police report establish a record of the incident, helping to determine fault. 

Call for your Free Consultation with a Virginia Car Accident Lawyer at Regan Zambri Long

The Regan Zambri Long law firm has practiced in Virginia for over two decades. We have won millions for our clients, including a $14 million settlement for a car accident. We are confident we can take on your case and seek fair compensation.

Call today for a free consultation where we will listen to your story, provide a reasonable assessment of your claim, and get to work for you and your family.