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

Jul 7, 2021 | Auto Accidents

Do i need a car accident attorney if i was rear ended in virginia

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: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win





    By checking this box, you agree to receive text messages from McDonald & Associates. You can reply 'STOP' to opt out at any time. This is our privacy policy https://www.mcdonaldinjurylaw.com/privacy-policy/.




    5 Steps To Take After an Uninsured Driver Hits Your Car in Virginia

    Until very recently, Virginia was one of the few U.S. states that didn’t require drivers to carry auto insurance. A new law mandated that all drivers must have insurance by July 1, 2024, but as with any change to the status quo, there are always some stragglers. What...

    How Failed Motorcycle Inspections Can Impact Your Accident Case

    According to the Insurance Institute for Highway Safety, Virginia is home to nearly 200,000 registered motorcycles. If you own one, you’ll need to arrange to have an annual motorcycle inspection performed to help avoid liability in case of a potential motorcycle...

    How Long After a Car Accident Can Injuries Appear?

    In the immediate aftermath of a car accident, you might feel fine and not think you sustained any significant injuries. You might even refuse medical treatment on the scene of a car crash because you don’t sense anything is wrong. But you might be surprised to...

    How To Secure a Police Report for a Car Accident: A Complete Guide

    The first thing you should do after being involved in a car accident is call 911. A 911 operator can send police out to the accident scene to investigate your crash and create a police report. From there, it’s up to you to figure out how to secure a police...

    How Do Most Motorcycle Accidents Happen in Virginia?

    In 2022, over 2,000 motorcycle crashes occurred in Virginia, accounting for only 1.7% of all traffic collisions but over 10% of serious traffic injuries. If you’re a rider, you should be extra careful on the roads and avoid the motorcycle collision causes we mention...

    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