You did everything right—driving safely, obeying the limit, and staying focused. But then, out of nowhere, a speeding car slams into you. Now you're hurt, your vehicle is wrecked, and the other driver is trying to point the finger at you. What are your options?
In Virginia, even if the other motorist was speeding, you could still end up sharing fault—and that can threaten your injury claim. The Virginia personal injury attorneys at Dulaney, Lauer & Thomas have been fighting for accident victims across Virginia for decades. We understand the fault laws that can threaten your injury claim, and we're here to protect your rights. With the right evidence and legal strategy, you may be able to prove the speeding driver's negligence and secure the compensation you deserve. Here's what you need to know.
How Virginia Determines Fault in Speeding Accidents
Virginia follows a pure contributory negligence rule when determining fault in auto accidents. Under this law, if you're found even one percent to blame for the crash, you can't recover any compensation from the other driver—even if they were 99 percent at fault.
This means insurance companies will look for any reason to pin part of the blame on you after a wreck. And if they can argue your actions contributed to the crash in any way, they may deny your claim altogether.
Why Evidence of Speeding Matters
So how can you overcome contributory negligence and prove the other driver's fault? One key factor is showing clear evidence that the other motorist was speeding. Examples of proof that can help your case:
- Eyewitness statements describing the other car's high speed
- Skid marks measuring an extended distance
- Vehicle damage indicating a severe high-velocity impact
- Traffic camera or surveillance video capturing the driver's speed
- Data from the vehicle's electronic data recorder or black box
- Cellphone records showing the driver was texting while speeding
The sooner you can collect and preserve this type of evidence, the better. Over time, skid marks fade, witnesses' memories cloud, and essential data can be lost or deleted. An experienced Virginia car accident attorney can help you gather the proof you need to build your case.
How Much Does Speeding Really Affect an Accident?
Research shows that speeding poses significant risks for several key reasons:
- Slower reaction time. At high speeds, a driver has less time to respond to hazards and prevent a wreck.
- Greater crash force. The faster two cars collide, the more violent the impact—and the worse the injuries tend to be.
- Harder to control. Speeding makes it difficult to navigate curves and maintain vehicle control, particularly in bad weather.
In short, speeding robs drivers of the time, control, and decision-making ability they need to avoid an accident. That means when a speeding driver hits you, they may bear most of the fault for what happens—even if you made a minor mistake yourself.
Fighting for Fault in a Virginia Speed-Related Crash
Because Virginia's pure contributory negligence rule is so unforgiving, you'll need to decisively shift blame to the speeding driver to win your case. If you can't prove they were 100 percent at fault, you'll be barred from seeking compensation.
Other states are a bit more lenient, allowing injury victims to recover reduced damages as long as they were less than 50 or 51 percent responsible. But Virginia's strict all-or-nothing approach means there's no margin for error. You must establish the other driver's total fault to protect your claim.
Take Action to Protect Your Rights
Realistically, proving 100 percent fault is tough in any accident claim. That's why it's so important to work with a skilled Virginia car accident lawyer who knows how to build your case and fight for your rights.
An experienced personal injury attorney can help you take essential steps to:
- Preserve physical evidence from the scene
- Interview witnesses and record key details
- Obtain any video footage of the crash
- Hire expert analysts to reconstruct what happened
- Subpoena cellphone records that may show driver distraction
- Fight unfair claims that you share blame for what happened
With your lawyer's guidance, you can focus on healing from the trauma you've experienced while knowing every available strategy is being leveraged to prove the speeding driver's fault and maximize your financial recovery.
At Dulaney, Lauer & Thomas, our knowledgeable car accident lawyers stand up for the rights of crash victims across Virginia. We know how to investigate speeding wrecks, preserve critical evidence, and build compelling cases that overcome even the toughest contributory negligence defenses.
The sooner you talk to an experienced Virginia injury attorney after a speeding accident, the better. Even if you're being unfairly blamed, you may still have powerful legal options to make your case and get the compensation you need to move forward with your life.