A car crash happens in the blink of an eye. It’s a chaotic and upsetting experience, and in the aftermath, it’s easy to feel overwhelmed. You might think you can rely on your memory or handle everything yourself when pursuing financial damages after an accident, but it’s important to remember that every detail matters. This is due to the state’s strict negligence laws.
Understanding contributory negligence
Virginia, along with Maryland and Washington, D.C., follows a strict contributory negligence rule. This means if you are found even 1% at fault for the accident, you may not be able to recover any damages.
This rule makes it essential to prove that you were not at fault. Even a small mistake can impact your ability to receive compensation. Knowing this can help you understand why gathering evidence is so important.
Investigating the crash
To increase your chances of receiving fair compensation for economic and non-economic damages after an accident, it’s crucial to conduct a thorough investigation. This includes:
- Talking to witnesses and gathering their statements
- Consulting with professionals, such as accident reconstructionists
- Reviewing police reports and medical records
- Data from vehicles, cellphones and other digital sources
- Photos and videos from the accident scene (e.g., surveillance and dash cam footage, pictures of damage, etc.)
Gathering this evidence can help prove you did nothing wrong and counter any false or misleading accusations from the other parties involved.
Mistakes to avoid
What you do right after an accident can affect your case. Here are some things to avoid:
- Don’t apologize or admit fault, even if you think you might be to blame.
- Don’t agree to anything the insurance company offers without talking to a lawyer.
- Don’t give a recorded statement without legal advice.
- Don’t post about the accident on social media.
These actions can hurt your chances of getting compensation. The other parties might use this information to argue you were at fault, even if you weren’t.
Every detail matters when it comes to pursuing financial damages after an accident. Don’t rely solely on your memory or the police report. By understanding the rules and conducting a thorough investigation, you can increase your chances of receiving the compensation you deserve.