How to Seek Compensation for a Winter Auto Accident in Virginia

Auto accidents in Northern Virginia can occur more often during winter months when temperatures drop, roads freeze, and storms bring snow and sleet to the area. According to the Federal Highway Administration (FHWA), more than 70 percent of all roads in the U.S. are located in regions where it snows commonly during the winter and often into the spring. As the FHWA explains, “snow and ice reduce pavement friction and vehicle maneuverability, causing slower speeds, reduced roadway capacity, and increased crash risk.” Given the serious risks of winter driving, vehicles need to slow down—often traveling well below the posted speed limit—in order to avoid a winter auto accident. The FHWA recommends that highway or freeway speeds should be “reduced by 3 to 13 percent in light snow and by 5 to 40 percent in heavy snow.” When snow reduces visibility, speeds should be reduced further.

If you are involved in a winter auto accident in Virginia, how can you seek compensation? Your options for seeking financial compensation will depend upon the specific facts of your case, but our experienced Fairfax auto accident lawyers can provide you with general information about how you can seek damages after a snowy or icy collision.

File a First-Party or Third-Party Auto Insurance Claim

Often, one of the first options for seeking financial compensation after a winter auto accident is to file an auto insurance claim. Since Virginia is an at-fault or tort state when it comes to motor vehicle collisions, motorists who are injured in crashes may be able to file either a first-party claim through their own insurance policy or a third-party claim through the at-fault driver’s insurance company. Both options have benefits and limitations. A first-party claim can be quicker, but you will need to pay your deductible up front. A third-party claim will not require you to pay your deductible, but auto insurance limits can drastically reduce your ability to obtain the compensation you deserve in a third-party claim where you and other motorists sustained injuries.

What do we mean by insurance limits and compensation? Under Virginia’s auto insurance law, every driver in the state must carry a minimum amount of insurance. Those minimums include $25,000 bodily injury for one person in an accident, $50,000 bodily injury for two or more people in an accident, and $20,000 property damage coverage. If a driver carries only the minimum amount of insurance, then a serious collision in which a single person sustains severe injuries, or a collision in which multiple people are injured, can result in limited insurance coverage.

To be clear, the insurance company will only pay out a settlement up to the amount of coverage the motorist carries. Accordingly, if a person suffers injuries totaling $100,000 in an accident and the at-fault driver only has the minimum insurance, a substantial portion of the injury victim’s losses will not be covered. Similarly, if four people were injured in a collision and each sustained approximately $20,000 in damages, those injury victims will not be eligible to receive a full compensation award if the at-fault driver carries only the minimum insurance.

File an Underinsured Motorist Claim

In Virginia, drivers have an option to pay for underinsured motorist (UIM) coverage (Code of Va. § 38.2-2206). While you are not required to purchase underinsured motorist coverage, this particular kind of coverage is specifically designed to help you receive the compensation you deserve in the kinds of cases we just discussed where insurance limits come into play.

If you have UIM coverage, you can work with an experienced Virginia auto accident lawyer to seek a fair payout from your insurance company.

File a Lawsuit Against the At-Fault Driver

It is critical to recognize that, just because there was inclement weather at the time of the crash, another driver may still be liable for the collision and for your resulting injuries. If a motorist is traveling too fast for the conditions, then that motorist may still be negligent and may be liable for damages in a car accident lawsuit.

To be clear, if the road is icy or snow is falling, a negligent driver cannot blame the inclement weather for the collision. In inclement winter weather, a reasonable person would slow down—traveling below the posted speed limit—if the visibility were poor due to falling snow. Moreover, a reasonable person would leave additional following distance behind the car in front—significantly more distance than a reasonable person would expect under normal driving conditions—if the roads are icy. Accordingly, even if a driver is traveling just at the posted speed limit during a snowstorm, that driver may still be speeding and may be negligent in causing a collision. As such, you could be eligible to file a negligence claim against that driver.

You should have an experienced Fairfax auto accident lawyer assess the particular facts of your case to determine whether you should file a lawsuit against another driver involved in the crash.

Contact Our Fairfax Auto Accident Lawyers Today

Do you need help filing a winter auto accident claim? One of our experienced Fairfax car accident attorneys can assist you. Contact Leary Law today to get started on your case.