That includes tracking down any witnesses who may have seen something, any surveillance cameras that may have captured the accident, cellphones, and video.
#Word vs word accident full
The earlier a person contacts an attorney, the better chance they have of getting a full picture of the accident. Statements of the witnesses, any police reports, or anything like that will be used to determine who is at fault.
#Word vs word accident free
If the person who was injured was one hundred percent free from fault, for example they were rear-ended or were standing still when they were hit by another car, it is likely they will be found to be free from any negligence. The factors considered are based on the testimony of the people involved, and the testimony of any witnesses, photographs, or any surveillance of the actual accident. Sometimes that can be difficult to prove and may become a “he said, she said” or a word versus word situation as to how the accident occurred. In these cases, the person who is injured must be one hundred percent free from any negligence in causing the accident. In Fairfax, if the court finds that the person who is injured is as little as one percent at fault for the accident, their case will be dismissed under the adaption of contributory negligence. They might say the person was distracted, they did not yield the right-of-way, or they were speeding.
The defense says that the person who was injured somehow contributed to the happening of the accident. Contributory NegligenceĬontributory negligence is a defense raised by anyone a person is suing for the accident. The person must prove their damages as a result of the car accident. A person needs to prove their liability meaning the other person involved in the accident was one hundred percent at fault. Other than that, a car accident that occurs in Virginia or Fairfax is remarkably similar to car accidents that occur in Maryland, DC, or anywhere else. Virginia is known as an “anti-subrogation” state. This is shorter than in Washington, DC and Maryland where people have three years.Īnother thing is that in Virginia, if a person uses their health insurance to pay for any treatment caused by someone who was in a car accident, they do not have to pay back the health insurance because there is no right of subrogation for the health insurer in certain circumstances. One is that the time to bring a lawsuit for, that is to file for a car accident, is two years from the date of the accident. In Fairfax, and Virginia as a whole, there are a couple of distinctions that make car accident claims unique. It’s always valuable to have an attorney because they deal with these types of accidents every day and are better suited to navigate the pitfalls and consequences of these cases than the person handling it alone.
The person should keep those records and present them to their attorney if they choose to have an attorney filing a car accident. The person should take photographs of any damage to their car and any other cars involved. They should keep a record of the medical treatment they received from the ambulance, at the hospital, or any doctors. If the police don’t come and the other person drives off, it is very important that the person gets at least some description of the vehicle involved so that it can be tracked down later to possibly bring a lawsuit, or claim against their insurance policy. If someone is involved in a car accident, one of the first things they should do is call the police so they can document the scene of the accident. A Fairfax car accident attorney can help the injured person demonstrate why they are entitled to the relief they are seeking. When someone is injured in a car accident in Fairfax County, they should call an attorney to help them organize the facts of the accident and organize records for medical treatment so that they can present a clear picture as to what happened, who is at fault, what treatment was received, and how their life was affected by the car accident to a defense counsel, insurance adjuster, or to a judge. Unique Aspects of Car Accident Claims in Fairfax
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