Motor Vehicle Accident Lawyers

There can be no question that traffic accidents are far too common, but data compiled by the Virginia Department of Motor Vehicles demonstrates the true severity of the problem. According to the agency’s Traffic Crash Facts, there are almost 130,000 collisions on state roadways every year. On average, 830 people are killed and another 65,845 suffer injuries. For victims and their families, the devastating losses can be life-changing.

You may gain some comfort from knowing that you do have legal options if you were hurt or lost a loved one in a traffic crash. Our Fairfax VA Motor Vehicle Accident Lawyers at Leary Law, P.C. will aggressively pursue the responsible parties, to ensure you get fair compensation for your losses. Please contact our office to set up a no-cost case evaluation with a Fairfax VA Motor Vehicle Accident Lawyers right away. You might also benefit from reviewing some important information about your rights.

Common Causes of Motor Vehicle Accidents: Whether the incident involves a passenger automobile, truck, commercial vehicle, motorcycle, or other road user, many of the same factors cause or contribute to crashes. Often, the reasons are violations of traffic laws, such as where a motorist:

• Runs a red light or stop sign;
• Speeds in excess of the posted limit;
• Drives too fast for conditions;
• Drives under the influence of drugs or alcohol;
• Makes improperly lane changes;
• Fails to yield right of way; or,
• Engages in other careless acts.

In addition, another common cause of traffic crashes in Virginia is distracted driving. Texting, talking on the phone, surfing the internet, and other dangerous activities take the operator’s attention away from the road, increasing the likelihood of a collision. Plus, there are many other types of distracted driving that put others on the road at risk, such as eating, adjusting the radio, using a GPS, grooming, and many more.

How Motor Vehicle Crash Cases Work: Regardless of the specific cause of a traffic accident, these incidents usually occur because of motorist negligence. The term has a very specific meaning in the practice of law, since it requires you to prove four essential elements. Our team at Leary Law, P.C. works diligently to gather sufficient evidence to support your case, including proof that:

1. The responsible motorist had a duty to exercise reasonable care when driving, an obligation which applies to anyone using Virginia roadways;
2. That person breached the legal duty of care through careless or reckless acts;
3. The breach of duty was a direct cause of the accident in which you were injured, such that you would not have been hurt but for the breach; and,
4. You sustained losses as a result of your injuries.

Seeking Compensation for Victims: Our lawyers will develop a solid strategy for pursuing the monetary damages you are entitled to by law, but it is important to understand the basic claims process. We will start by gathering evidence and talking to witnesses, so that we have sufficient proof related to the four elements described above. Our first official step in the legal process is filing a claim with the responsible driver’s insurance company, along with a demand for fair compensation. In many cases, the insurer will deny your claim or make a lower counteroffer to protect its own financial interests.

If the insurance company will not agree to a fair amount to settle your claim, our attorneys at Leary Law, P.C. will move forward with the next step by filing a lawsuit in court. We will handle the document requirements, discovery, depositions, and other aspects of the pretrial and trial process. Whether we are dealing with the insurance company or litigating your case, we will seek all available forms of compensation, including:

• Medical costs;
• Lost wages;
• Pain and suffering;
• Losses that affect your personal relationships.

Legal Limitations May Impact Your Claim: Even if you are able to prove the four elements of a negligence case, you should be aware of certain laws that could affect your rights.

• Virginia has a statute of limitations that imposes time restrictions on filing a lawsuit in civil court. You have two years from the date of the motor vehicle accident to initiate litigation, or you will lose your right to monetary damages.
• Virginia follows the law of pure contributory negligence, which puts the focus on your own conduct in a traffic crash. If you were at fault, even just slightly, you are barred from recovering any compensation. There are some exceptions and strategies to avoid this harsh result, which is why retaining legal counsel is essential.

For details on your rights and remedies after a traffic crash, please contact Leary Law, P.C. to set up a complimentary case assessment. We can meet with you at our offices in Manassas or Fairfax, VA to review your circumstances and determine next steps.