You’re driving along the highway when you suddenly see headlights coming straight toward you. In the split second before impact, you realize a wrong-way driver has entered the road. The violent head-on collision that follows shatters your sense of safety and leaves you seriously injured.
When a negligent motorist turns your life upside down, the dedicated Virginia car accident attorneys at Dulaney, Lauer & Thomas can help you pick up the pieces and pursue the compensation you need to move forward. Here’s what you need to know if you’ve had a wrong-way crash in Virginia.
What Are the Most Common Causes of Wrong-Way Accidents?
Several factors contribute to wrong-way crashes in Virginia, but impaired driving is the leading cause. Drunk or drugged drivers may enter a highway using an off-ramp, fail to observe one-way street signs, or drift into oncoming traffic lanes.
Other common causes of wrong-way accidents include:
- Distracted driving, such as texting or programming a GPS
- Drowsy driving and falling asleep at the wheel
- Poor visibility due to fog, heavy rain, or lack of lighting
- Unclear or missing road signs and markings
- Driver confusion, especially among elderly motorists or out-of-state travelers
- Intentionally reckless driving or illegal passing
Determining the cause of the wrong-way crash is crucial for establishing liability and pursuing compensation from the at-fault party. An experienced Virginia accident attorney can thoroughly investigate the incident, gather evidence, and build a strong case for you.
Who Is Liable for a Wrong-Way Accident?
In most cases, the wrong-way driver is considered at fault for the crash and liable for any resulting injuries and damages. All motorists have a duty to obey traffic laws, pay attention to road signs, and drive with due care and attention. Traveling the wrong direction on a road is a clear breach of this duty.
However, some circumstances may involve shared liability or third-party responsibility. For example:
- If a wrong-way driver was served excessive alcohol at a bar or restaurant before the crash, the establishment may face liability under dram shop laws.
- When a construction zone has inadequate signage or confusing detours, the construction company or government agency overseeing the project could be held accountable.
- Should a mechanical defect or blown tire cause a vehicle to veer into oncoming traffic, the manufacturer or a repair shop may be liable.
It’s essential to identify all potentially liable parties to maximize your compensation, as Virginia follows a harsh contributory negligence rule. If you are found even one percent at fault for the accident, you may be barred from recovering any damages. Having a knowledgeable Virginia accident attorney on your side can help protect your rights.
What Compensation Is Available for Wrong-Way Accident Victims?
If you've been injured in a wrong-way crash caused by a negligent driver, you may be entitled to compensation for:
- Medical expenses, including emergency care, surgeries, hospitalizations, and rehabilitation
- Lost wages from time missed at work
- Reduced future earning capacity if you suffer long-term impairments
- Pain and suffering
- Emotional distress and mental anguish
- Damaged personal property
In rare cases involving especially egregious conduct, such as a drunk driver traveling the wrong way on a highway, the court may award punitive damages to punish the at-fault party and deter similar behavior in the future.
Act Quickly After a Wrong-Way Crash
Immediately after the accident, if you are able, take these steps to protect your health and your legal rights:
- Call 911 to report the accident and request medical assistance if needed.
- Take photos of the accident scene, vehicle damage, and any visible injuries.
- Get the contact and insurance information of the other driver(s) involved.
- Seek medical attention, even if your injuries seem minor. Some injuries may not be immediately apparent.
- Avoid giving any statements to insurance adjusters before speaking with an attorney.
If you've been injured in a wrong-way accident, it's crucial to consult with an experienced Virginia accident attorney as soon as possible. There are strict deadlines for filing personal injury claims, and valuable evidence can disappear quickly. The sooner you have a knowledgeable advocate on your side, the better protected your rights will be.
Your attorney can handle communications with insurance companies, thoroughly investigate the crash, and gather the evidence needed to build a strong case on your behalf. While no lawyer can guarantee a specific outcome, having skilled representation can significantly improve your chances of securing fair compensation.
It’s normal to feel overwhelmed after a serious wrong-way crash. As you struggle to recover from painful injuries and restore a sense of normalcy, aggressive insurance companies may try to pressure you into accepting a quick, lowball settlement. At Dulaney, Lauer & Thomas, we understand the challenges after a wrong-way accident in Virginia. We're here to hold the at-fault party accountable and fight for the justice you deserve.
