WANT A FREE BIKE? ENTER TODAY FOR YOUR CHANCE TO WIN. ENTER HERE

Do I Need a Car Accident Attorney if I Was Rear-Ended in Virginia?

Jul 7, 2021 | Auto Accidents

These collisions have the potential to cause some pretty serious injuries, some may even be long-lasting or permanent. Furthermore, rear-end wrecks usually involve very complicated legal questions. Issues like legal responsibility and insurance requirements can muddy the waters of an accident claim, so it’s vital that you have representation.

 

Rear-end collisions account for nearly a third of all the car accidents in Virginia. Typically, the victim is stationary or nearly stationary. Meanwhile, the other vehicle is usually traveling at or near full speed. This combination explains the severe injuries that these victims often sustain, as outlined below.

What Causes Rear-End Wrecks?

Distraction and/or fatigue cause most of the rear-end wrecks in Virginia. As mentioned, these wrecks are quite common. So, most lawyers deal with them on a routine basis.

 

As for distracted driving, safety advocates are deeply concerned about hand-held cell phone use. Most drivers agree that it’s dangerous to use a phone while driving; yet most drivers also admit that they multitask when they are behind the wheel.

 

Other forms of distracted driving include non-device distractions, like drinking or eating while driving, and using a hands-free cell phone while driving. There is evidence that using a hands-free phone is as bad as driving drunk.

 

Speaking of driving drunk without taking a drink, fatigue and alcohol affect the body and brain in basically the same ways. Both conditions adversely affect judgment ability and slow motor skills. In fact, driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That’s a dangerous level of impairment for motorists.

Liability Issues

When motorists rear-end another vehicle, odds are they were not adhering to right-of-way laws or other legal expectations for drivers. As a result, they may be held liable for damages.

 

This doctrine, which is called negligence per se, only applies if emergency responders issue citations (for the operation of the vehicle not within the bounds of the law). Frequently, that doesn’t happen in these cases. 

 

Responders’ immediate priorities include tending to injured victims and securing the scene. Writing a ticket is often low on their to-do lists. Sometimes, the citation never gets issued. All the more reason, of course, to have a car accident attorney on your side.

Negligence Doctrine

Attorneys will normally use the ordinary negligence doctrine to obtain compensation for the victim’s injuries. In terms of complexity, an ordinary negligence rear-end claim is the polar opposite of a negligence per se claim.

Financial Issues

Unfortunately for victims, that fact does not discourage insurance company lawyers from urging the sudden emergency defense in these cases. These wrecks inflict so much damage that most insurance companies do whatever it takes to reduce or deny compensation.

 

This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. To ascertain a claim’s settlement value, which is basically the first settlement offer, most attorneys multiply the economic losses by two, three, or four, mostly depending on the facts of the case.

 

Connect With Us for a Free Consultation 

 

At Geoff McDonald and Associates, we handle these matters on a contingency fee basis. We charge no upfront legal fees. We also advance most litigation expenses, such as court costs and expert witness fees. So, the vast majority of our personal injury clients pay nothing upfront.

 

Rear-end crash victims may be entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in Richmond, contact Geoff McDonald & Associates, P.C. Home, virtual, and after-hours visits are available.

Geoff McDonald and Associates: 866-369-9051.

FREE CONSULTATION

No Fees Unless We Win





    Is Driving While Drowsy a Punishable Offense in Virginia?

    Virginia does not have a law against drowsy driving. However, that doesn’t mean drivers can get away with doing it and that they face no penalties if they cause an accident. Several states have instituted laws against drowsy driving to discourage the practice because...

    If Someone Runs a Red Light, Can They Be Sued in Virginia?

    Ignoring a traffic control device, such as a red light, is a clear violation of Virginia law and puts other drivers at risk of an auto accident and grave losses. Therefore, assuming emergency responders issue a citation for the incident, the negligence per se doctrine...

    Who Is at Fault in a Lane-Splitting Accident in Virginia?

      Rather than sit in traffic, motorcycle riders straddle the dotted lines between the lanes on multi-lane roads. This is known as lane-splitting. A legislative measure to legalize lane-splitting, a practice also known as lane filtering, died in committee in 2020....

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald