Winning Your Auto Accident Case What You Need To Prove

By Ben Glass, Esquire

Benjamin W. Glass and Associates

. https://www.benglasslaw.com/

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Winning Your Auto Accident Case What You Need To Prove

Just because you were hurt doesn't mean you're entitled to money. Virginia has very particular personal injury laws, and ultimately you must prove that the other driver was negligent and careless. Not only that, you must prove that their negligence and carelessness led directly to your injuries.

If you fail to prove their negligence, you lose. If you wait too long to sue them, you lose. Lastly, if you have had a previous injury or accident, or were already injured before your car crash, it can affect the amount you receive in the end, because the other side will try to prove that the accident didn't cause some or all of your injuries.

What makes Virginia a unique state for car accident cases is a concept called “contributory negligence.” This means that if you contribute to the accident in any way by being negligent, even just one percent, you lose your case.

Basically, if the other side can prove that you did something wrong, as well, which caused the accident, you get nothing in your settlement. This reason alone means that most people choose to hire a lawyer for their case rather than settle it themselves.

In a car accident case, contributory negligence can include speeding, following too closely, or not seeing the drunk teenager blast through the red light in the first place. Virginia is one of only three states that adhere to this strict definition of contributory negligence. If you did anything at all to cause or contribute to the accident, you're not entitled to a recovery.

Stay safe out there, and be aware of what you need to prove should you be in a car accident.