Car accidents happen every day across Virginia, but not every crash is “just an accident.” Many result from one driver’s careless or reckless behavior. If you’ve been injured because another driver wasn’t paying attention, you may have the right to pursue compensation by suing a driver for negligence in Virginia. Understanding how negligence works under Virginia law can help you protect your rights and build a strong claim.
At Kalfus & Nachman, our experienced Virginia car accident attorneys help victims hold negligent drivers accountable and recover the compensation they deserve.
Understanding Driver Negligence in Virginia
In legal terms, driver negligence in Virginia refers to a person’s failure to exercise reasonable care while operating a vehicle. Every motorist has a legal duty to drive safely and avoid putting others at risk. When a driver breaches that duty—by speeding, texting, drunk driving, or ignoring traffic laws—they can be held legally responsible for the damages that result.
Examples of negligent driving include:
- Distracted driving (texting or using a phone)
- Speeding or reckless driving
- Failing to yield or obey traffic signals
- Driving while fatigued or impaired
- Following too closely or making unsafe lane changes
When these actions lead to an accident, the injured party may pursue legal action by suing a driver for negligence in Virginia.
Proving Negligence in a Virginia Car Crash
To successfully recover damages, your Virginia car accident lawyer must prove that the other driver’s negligence directly caused your injuries. They typically achieve this by establishing four key elements:
- Duty of Care: The other driver had a legal duty to drive safely and obey traffic laws.
- Breach of Duty: The driver failed to uphold that duty (for example, by running a red light or speeding).
- Causation: The driver’s actions directly caused the accident and your resulting injuries.
- Damages: You suffered measurable losses, such as medical bills, lost wages, or pain and suffering.
Evidence plays a crucial role in proving negligence in a Virginia car crash. Your attorney may use police reports, witness statements, photographs, traffic camera footage, and medical records to demonstrate fault.
Why Legal Representation Matters in VA Car Crashes
Virginia follows the contributory negligence rule, one of the strictest in the country. Which means that if you are even 1% at fault for the accident, victims may be barred from recovering compensation. Thus, it’s essential to have skilled Virginia car accident attorneys who can carefully analyze your case, counter insurance company tactics, and present strong evidence proving the other driver’s sole responsibility.
If you were hurt in a crash and believe another driver’s carelessness was to blame, you don’t have to face the legal system alone. Suing a negligent driver in Virginia requires expertise, diligence, and a deep knowledge of state laws.
At Kalfus & Nachman, our dedicated Virginia car accident lawyers are here to help you every step of the way—from investigating the cause of the crash to negotiating with insurance companies and, if needed, fighting for you in court.
Contact us today for a free consultation at (855) 880-8163 and learn how we can help you build a strong case when suing a driver for negligence in Virginia.