Virginia Injury Lawyers Blog
Head-on collisions can lead to serious injuries, especially when an accident involves multiple vehicles. Drivers and passengers may suffer serious physical injury, brain injury, and emotional harm from the traumatic event. Because head-on collisions often involve strong force and high speeds, they may also lead to fatalities. When a head-on collision involves multiple drivers, an injured accident victim may wish to hold all drivers accountable for their harm. Understanding Virginia’s rules of recovery is key to recovering the compensation you need after a head-on collision.
For example, a recent head-on collision involving three vehicles led to multiple injuries. According to a local news article, the accident occurred in Maryland as the vehicles were traveling on the highway. First responders closed the westbound lane of the highway where the head-on crash took place. The investigation into the crash remains ongoing.
Can You Recover Damages from Multiple Defendants for a Virginia Head-On Accident?
If more than one defendant caused your injuries, you may sue multiple defendants for negligence. Virginia follows a pure joint and several liability system. Under this theory of liability, the plaintiff may recover the full damages amount from any defendant. For example, if two defendants are equally responsible for the plaintiff’s injuries, but one cannot pay 50% of the damages award, the plaintiff can collect 100% of the damages award from the other defendant. In this respect, Virginia differs from other states that follow several liability or modified joint and several liability. In pure several liability states, each defendant is only responsible for paying damages proportionate to their share of fault. Under modified joint and several liability, states will only require one defendant to pay the full damages award if their portion of fault for the accident meets a certain minimum threshold, such as 51%.
Can You Recover Damages If You Were at Fault for the Accident?
Under Virginia law, you cannot recover damages if you were at fault for the accident that led to your injuries. Virginia is one of the few states in the country that adheres to a contributory negligence system. Under contributory negligence, plaintiffs cannot recover any damages if they were even 1% at fault. In contributory negligence states like Virginia, defendants will attempt to show that the plaintiff was at fault to avoid paying damages. Even if a defendant was clearly at fault, they may point to the slightest indication that the plaintiff contributed to the accident. An experienced Virginia personal injury attorney can work with you to prevent contributory negligence from affecting your case.
Do You Need a Virginia Car Accident Attorney?
If you have questions about seeking damages after a Virginia head-on collision, contact the Schupak Law Firm to discuss your case. The attorneys at our firm possess decades of combined experience providing diligent representation to accident victims throughout the state of Virginia. Our team can help you understand Virginia law governing personal injury claims, and we will apply our skills and knowledge to help recover the damages you need and deserve. To speak with an experienced Virginia personal injury attorney today, call us at 240-833-3914.