Car Accident Lawyer Portsmouth
While no driver wants to get into a car accident, many drivers experience at least one during their lifetime. When drivers do their best to follow safety and traffic laws, accidents can often be minor, but even careful drivers can suffer from a severe collision that is out of their control.
Just as it’s important to know what to do in the event of a car accident in Portsmouth, it’s also important to understand the benefits of hiring a car accident lawyer for your case. Failing to do so could make it difficult to prove you were not at fault for the accident and obtain the settlement you deserve.
Car Accident Lawyer Near Me
If you need immediate legal representation for a car accident in Portsmouth, our car accident attorneys are on standby, waiting to hear about your case. Huffman & Huffman Brothers-in-Law is a personal injury law firm with over five decades of experience serving the Portsmouth area and beyond. Our physical locations include:
Newport News
12284 Warwick Boulevard
Newport News, VA 23606
Virginia Beach
4780 Euclid Road
Virginia Beach, VA 23462
Beyond our law offices in Newport News and Virginia Beach, we also service the locations below. If you need to speak with a car accident lawyer right now, contact our firm at 757-525-9820 for a free consultation.
- Portsmouth
- Chesapeake
- Virginia Beach
- Hampton
- Norfolk
- Suffolk
- Newport News
- Gloucester
- Poquoson
- Williamsburg
- Smithfield
- Cape Charles
- And all over Virginia
What Causes Car Accidents in Virginia?
Car accidents in Virginia have been trending upward for the past four years; 2023 saw 127,597 total car crashes in Virginia alone with 1,438 of them taking place in the City of Portsmouth. You may think that the risks associated with car accidents are the same in every state, but drivers in Virginia and Portsmouth both have unique risks that affect them specifically. By order of frequency, the top three causes of car accidents in Virginia are speeding, distracted driving, and driving under the influence. We’ll break down these trends in the sections below:
Speeding
As opposed to many other states where DUI or texting and driving are the leading cause of car crashes, Virginia’s leading cause is speeding. Speeding reduces drivers’ reaction time and makes it harder to control the vehicle, especially in sudden stops or turns. Higher speeds also increase the severity of collisions and, in turn, the injuries they cause. According to the latest data, Virginians saw a whopping 25,274 speed-related crashes resulting in 449 fatalities and 13,474 injuries. Portsmouth itself saw a total of 311 speed-related crashes with 225 injuries and 8 fatalities.
Distracted Driving
The next most common cause of crashes in Virginia is distracted driving. Distracted driving, often caused by texting, phone use, eating, or other in-car activities, diverts drivers’ focus from the road. In Virginia, this lack of attention can result in missed signals, delayed reactions, and an inability to avoid hazards, all of which significantly raise the likelihood of accidents and put others at risk. Virginia saw a total of 21,528 distracted driving incidents in 2023.
Driving Under the Influence
While driving under the influence isn’t the most common cause of crashes in Virginia, it remains a notable one. Alcohol or drug impairment slows drivers’ reaction times and impairs judgment, making it difficult to respond effectively to changing road conditions, increasing the chance of collisions, and putting both the impaired driver and others in danger. Virginians saw nearly 7,000 alcohol-related crashes in 2023, resulting in 293 deaths and 4,400 injuries. Meanwhile, Portsmouth saw 95 alcohol-related crashes with only a single fatality and 78 injuries.
What to Do After a Car Accident
Car accidents can be incredibly disorienting. To ensure your safety and that of others, while also maintaining your obligation to the law and protecting your claim, remain calm and follow these steps:
- Move to a safe location if possible, and report the accident to emergency services. When police arrive, they can create a report which will be important for initiating any insurance and legal processes.
- Gather information from everyone involved, including names, contact details, and insurance information. Capture photos or videos of the vehicles that were involved, the road or street, and any injuries you sustained.
- Get medical attention, even if your injuries seem minor, as symptoms can sometimes take time to develop.
After taking these immediate steps, you’ll want to contact a lawyer, especially if the accident was severe, involved multiple parties, or led to significant property damage or injuries. A lawyer can help navigate complex insurance claims, negotiate settlements, and ensure your rights are protected. Keep in mind that Virginia has unique laws surrounding negligence; if it’s found that you were even partially responsible, you may not receive a settlement for your injuries or damage to your vehicle.
What Does a Car Accident Lawyer Do?
It’s frequently said that the difference between a reasonable settlement and a poor settlement—or no settlement at all—is whether or not you decide to hire a car accident lawyer. However, having a better chance at a higher settlement is just one of many benefits associated with car accident lawyers. Here is what to expect when working with a lawyer on your case:
- Case Evaluation and Advice: The attorney will start by assessing your case, explaining potential legal strategies, and advising on the best course of action, including whether to pursue a claim or lawsuit.
- Investigation and Evidence Gathering: The attorney can investigate the accident by collecting police reports, medical records, and witness statements, and may reconstruct the scene to build a solid case.
- Handling Insurance Claims: A key part of a car accident attorney’s job is dealing with insurance companies on behalf of the client. They handle communications, paperwork, and negotiations to ensure a fair settlement.
- Evaluating Damages: The attorney can assess both economic (medical bills, lost wages) and non-economic damages (pain and suffering) to determine a fair compensation amount for the client.
- Representing Clients in Court: If a settlement can’t be reached with the insurer, the lawyer can file a lawsuit and represent the client in court, managing the trial process, from jury selection to final verdict.
Whether you’ve survived a car accident or you’re a surviving loved one of someone who tragically died in a car accident, it can be hard to balance the healing process in addition to handling a personal injury case all on your own. Above all other services, our goal at Huffman & Huffman is to provide you with support and advice throughout the legal process.
How Much Does a Car Accident Lawyer Cost?
Most car accident lawyers, including Huffman & Huffman, work on a contingency fee basis, meaning the lawyer is only compensated if they win the case. Typically, the lawyer takes a percentage of the final settlement or award. This arrangement means clients have no upfront costs, making it easier to afford legal help after an accident. In some cases, there may be additional expenses, such as filing fees or expert witnesses, which are usually deducted from the settlement amount.
How Long Does a Car Accident Settlement Take with a Lawyer?
It depends on factors such as case complexity, the specifics of the victim’s injuries, and the insurance company’s willingness to settle. Some cases, such as those where liability is clear, may settle within a few months, while more complex cases could take a year or longer, especially if they go to trial. A lawyer can help ensure this process moves along as quickly as possible by managing paperwork, negotiating with insurers, and ensuring evidence is complete.
When is it Too Late to Get a Lawyer for a Car Accident?
In Virginia, it’s generally best to get a lawyer as soon as possible after a car accident, but it’s not necessarily “too late” to do so unless the statute of limitations expires. Virginia’s statute of limitations for personal injury claims from car accidents is two years from the date of the accident, meaning you have up to two years to file a lawsuit. However, waiting too long could weaken your case, as evidence can weaken or be lost over time. Even close to the deadline, a lawyer can often still help, but contacting one early gives you the strongest chance for a successful outcome.
Can You Get Compensation if the Accident Was Your Fault?
Virginia’s contributory negligence rule prevents at-fault drivers from receiving any compensation for their injuries or damage to their vehicle. Even if you are found to be only 1% at fault for the accident, you will not receive any settlement money. This is why it’s crucial to hire a lawyer, even if you believe your case is straightforward. If the opposing counsel can argue that you have at least partial blame for the accident occurring, you will not be able to receive compensation.
Car Accident Lawyer: FAQs
Does Health Insurance Cover Car Accident Injuries?
Yes, health insurance generally covers medical expenses from car accident injuries, but you or your lawyer may still need to coordinate with auto insurance for specific accident-related costs and reimbursements.
What Happens if You Get Into a Car Accident Without Insurance?
In Virginia, driving without insurance is illegal. You may have your license suspended and be required to pay fines and damages. However, if you weren’t at fault in the accident, you may still seek compensation from the other driver’s insurance. If the other driver is the one who does not have insurance, it complicates claims, but uninsured motorist coverage may help cover losses.
How Much Can a Passenger In a Car Accident Get?
The amount a passenger can receive depends on factors like injury severity, medical expenses, and other losses. The amount of insurance coverage the at-fault driver has is also a factor. Settlements may start at several thousand dollars but can potentially reach even higher amounts depending on the specifics of the case.
Talk to a Huffman & Huffman Brothers-in-Law Car Accident Lawyer
Whether you have additional questions about the information above or you need immediate legal advice or representation, speak to an attorney at Huffman & Huffman about your car accident case. Our firm not only has a combined 150 years of experience in the personal injury law field, but we also have verifiable successes from the past five decades to show for it. Over the years, we’ve proudly served Portsmouth and the surrounding areas, unlocking millions of dollars in settlement money for our clients. Contact our firm at 757-525-9820 for a free consultation.