The state of Virginia is not only home to the nation’s earliest beginnings, it is also a state known for its tough car accident compensation laws. If you plan a trip to Virginia, you might want to acquaint yourself with some of the basics in the state’s car accident laws to prepare yourself in case of an accident.
Virginia’s ‘At Fault’ and ‘Contributory Negligence’ laws
When it comes to recovering damages from a car accident in the state of Virginia, proving fault is not as simple as in other states. Virginia’s fault laws have two aspects: proving fault and contributory negligence.
Proving fault is much the same as in other states. You must prove the other driver is at fault for the accident and your injuries. As far as contributory negligence, you must also prove that the other driver was one hundred percent responsible for the accident, meaning you are in no way culpable for any part of the accident. In other words, you only receive damages if the court rules that you were not responsible for the accident in any way. While other states employ the contributory negligence rule, the state of Virginia’s is much stricter.
Virginia’s Statute of Limitations
Statute of Limitations
Virginia is no different than other states regarding the imposition of time limits on personal injury claims. Individuals must file their personal injury claim within two years of the accident. The time limit extends to five years in instances where an infant sustained personal injury or with personal property damage claims.
Virginia’s Damage Caps
The state of Virginia applied numerous damage caps that limit the amount of damages for which you are eligible in your claim. In the case of punitive damages, Virginia’s imposed limit is $350,000. In addition, if the car accident involved public or private property damage by a minor, maximum damage recovery from the minor’s parents caps at $2,500. If you are involved in a car accident in the state of Virginia, despite proving fault and contributory negligence, the imposed damage caps can limit your potential compensation amounts.
When it comes to Virginia car accident laws, keep in mind that the old-fashioned state has some different views on issues of legality. The main difference in compensation regarding car accident laws in Virginia involves a stricter imposition of the contributory negligence rules. Not only must you prove that the other driver is at fault, you must also prove that you are one hundred percent clear of any responsibility in the accident. If you find yourself involved in a car accident while exploring the historic southern state, do yourself a favour and contact the top car accident lawyers in Virginia to advise and guide you in your car accident claim.