In a separate article on the various levels and types of “fault,” it became obvious that most cases of recklessness or intentional misconduct were relatively easy to prove. Many accidents are, however, the result of negligence, a somewhat vaguer concept that ranges widely from drowsy driving to texting behind the wheel. 

After a traumatic Virginia car accident, victims either are taken away from the scene with injuries or want to leave the place as soon as possible to be at home with their family and recover from the shock. 

Even in these challenging moments, victims or their loved ones ought to remember that they will not be able to get compensation for the damage they have suffered unless they can prove that the other party was at fault. In this respect, it is essential to know how you prove fault

  • Police reports are a primary source of information to prove your case. They are considered objective and trustworthy, and police officers are used to noting all the relevant and important details.
  • The traffic code is not the same in every state, and many motorists ignore the finer details of the traffic laws. Who has right-of-way in merging lanes? Do you need to have your headlights on when it rains? Is cell phone use while driving prohibited?
  • No-fault crashes are situations where one driver is “per se” presumed at-fault. This is the case of a rear-end crash: The code will hold all drivers who slam into the vehicle in front liable, unless they can prove that the vehicle in front stopped abruptly without cause. A left-turning car at an intersection is usually at fault if it crosses the path of an oncoming vehicle.
  • An investigation is usually necessary to make sure you have not overlooked anything. Was the other driver using a cell phone? Had he or she a record of traffic violations? At what speed was he or she driving? Is a crash reconstruction necessary? Were there witnesses? You will need all the help you can get in order to reach the highest settlement to which you are entitled.

If you or a loved one has been injured in a Virginia car, truck, or motorcycle accident, please contact our Warrenton or Culpeper attorneys today for a free discussion of your accident case. You will have a clear view of how our lawyers can help protect your rights.

Andrew Thomas
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Civil litigation attorney in Virginia and is AV Rated by Martindale-Hubbell.
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Working with Andrew and his team has been--without exception--one of the most pleasant, productive, and professional experiences of my adult life. I was seriously injured in an accident in July, 2018, in Virginia. I was driving a company vehicle that was registered in Maryland, for a company that was based in Wisconsin. And I live in New Jersey, where my personal vehicles are insured. The several jurisdictions involved presented a very unique case that demanded an experienced and nuanced strategy. I found Andrew Thomas (of Dulaney, Lauer, & Thomas) through some online research. And it is noteworthy that Andrew has worked the other side of the aisle--he used to work with insurance companies. Andrew took on my case with the assurance that he would work it with no less energy than he does each of his cases. At each turn, and with each question I had, Andrew and Paralegal Misty kept me informed, returned my calls, provided detailed explanations, and kept me feeling like I was in the loop and there was an eventual end to our journey. Nearly five years after the accident, we settled out of court for a significant sum in recognition of my personal injuries. The settlement was much more than I had expected. And without Andrew & Misty, I am sure the award would have been much less. If you are looking for professionalism, knowledge, dedication, answerability, responsiveness, integrity, and human-level communication from a personal injury attorney--look no further. You have found him. Thank you, Andrew and Misty. Gary Daley
I'm grateful for all your work . . . Roger V. (Remington, VA)
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