You were out with friends, or maybe you caught a ride to Town Center in Virginia Beach with your neighbor. All was going well until, out of the blue, a gray SUV slammed into your vehicle at an intersection. You ended up in the hospital with serious personal injuries, and you need help covering your bills. Can you, as the passenger in the vehicle, sue the SUV driver, assuming that the driver was at fault?
The short answer is it depends. Our Virginia Beach car accident lawyers would be happy to meet with you, examine the evidence in your case, and help you determine whether you can file a personal injury claim or lawsuit. If so, we will stay with you every step of the way to ensure you receive the compensation you deserve.
Passengers Injured in a Car Accident May Bring a Personal Injury Lawsuit
According to the Insurance Institute for Highway Safety (IIHS), passenger vehicle occupant deaths represented 61 percent of the 41,514 motor vehicle crash deaths in 2022. Frontal impacts accounted for 59 percent of those deaths, while side impacts accounted for another 22 percent.
The IIHS also reports that in Virginia alone, there were 1,008 deaths in motor vehicle crashes in 2022, though it’s unclear how many of those were passenger deaths.
If you or a loved one sustained injuries or died in a car accident, you have the legal right to file an insurance claim for personal injuries. You may also be able to file a personal injury lawsuit against the driver or drivers whose negligence caused the crash.
Virginia is an “at-fault” state, meaning that the negligent driver is responsible for compensating those harmed. Some states have enacted “no-fault” motor vehicle laws that have altered the common law of personal injury, but Virginia is not one of those states.
If that negligent driver is insured, you can request compensation from their insurance company. If the negligent driver was underinsured (did not have enough insurance) or was uninsured—you should consult with one of our experienced Virginia personal injury lawyers.
You will need to be able to show, however, that the driver or drivers you are intending to sue were negligent in the accident.
Who Was At Fault for the Car Accident?
Various parties may be at fault when it comes to your car accident:
The Driver of Your Vehicle
He or she may have been distracted, speeding, or driving recklessly. If you have evidence of your host vehicle driver’s negligence, you may be able to file a personal injury claim or lawsuit against them. This can be problematic at times if your driver was a friend, but in some cases, it’s the only way to obtain fair compensation.
Other Drivers Involved
Perhaps another driver was at fault, or even multiple drivers. If so, they may be held responsible.
Government Entities
In some cases, poor road conditions due to construction or faulty traffic signals may have caused or partially caused an accident. However, such claims are difficult, and sometimes governments enjoy total or partial sovereign immunity from such claims so consult with one of our attorneys if you face such a situation.
How do you determine fault? Our Virginia Beach car accident lawyers are experienced in reviewing every detail of your accident to answer this question. We will look at:
- Police reports, 911 transcripts, and body cameras
- Witness statements
- Traffic or security camera footage
- Pictures taken at the accident location
- Expert consultation
- Accident reconstruction
We will speak to witnesses, examine the accident location, obtain video footage where possible, and scour the details of the accident while they are still fresh in mind. Investigating thoroughly is part of our process and expertise.
We will also consider your injury, any permanent effects of the injuries, medical records, lost wages, lost earning power, and more to determine what your claim may be worth. Then, we can negotiate with the insurance company on your behalf to obtain the highest settlement possible or file suit if our client authorizes such a lawsuit.
If the insurance company denies your claim or offers a low settlement offer, we will continue negotiating for a better deal or, if necessary, explain the process of filing and prosecuting a personal injury lawsuit.
When Should You File a Personal Injury Claim?
In most car accidents, you negotiate with your insurance company first. (It’s best to allow one of our Virginia Beach car accident attorneys to pursue the claim on your behalf, as you’ll likely receive a better, more satisfactory settlement offer.)
But there are several instances where we may need to file a Virginia Beach personal injury lawsuit:
- Your claim was denied.
- The insurance company isn’t offering a fair settlement amount.
- Settlement talks have stalled.
Our Virginia Beach car accident attorneys will calculate your true damages, negotiate with the insurance company on your behalf, and, if necessary, take it to the next step. We offer free initial consultations, so there is no risk to you. We can help you put your life back together, as we did for this federal worker who suffered neck and other injuries and received a $930,000 personal injury settlement.
In addition to Virginia Beach, we also serve the Hampton, Norfolk, and Chesapeake areas as well as the entire state of Virginia.