Virginia Car Accident Settlement and Lawsuits – Lawsuit Information Center Blog

This page will look at auto accident lawsuits in Virginia and their settlement value. Our injury lawyers will explain the basic laws in Virginia relating to car accidents, and we look at examples of jury payouts and settlement amounts in recent accident cases.
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Virginia has a population of 8.6 million, which makes it the 12^th most populous state in the U.S. Nearly 40% of Virginia’s population lives in the northern Virginia region outside of Washington, DC. Northern Virginia is notorious for having some of the worst traffic and most overburdened roads and highways in the country.
In 2022, 1,005 fatalities occurred in vehicle accidents on Virginia’s roadways. 59,000 people suffered significant physical injuries in Virginia auto accidents in 2022, which is an average of 162 auto accident injuries every day. Fairfax County had the most accidents (11,571) and the most accident fatalities (66) of any County in the state. Prince William County was a distant second in terms of number of accidents (6,025), and Henrico County was second in accident fatalities (32).
Auto accidents in Virginia are covered by unique state laws. These laws include traffic rules and vehicle registration and insurance regulations (bot of which are statutory laws), and tort law for accident liability. Below is a very brief outline of some of the key points of Virginia car accident law.
Although many states have adopted so-called “no-fault” rules for car accident liability and insurance coverage, Virginia continues to be a pure “at-fault” state when it comes to determining auto accident liability. This means that when an auto accident occurs, one driver is determined to be “at-fault” for the accident. The at-fault driver’s insurance will always have primary responsibility for covering the damages. Drivers only get coverage by their own insurance if the at-fault driver is uninsured or underinsured. This makes the determination of fault in an accident very important in Virginia, even for minor damages.
Virginia has a 2-year statute of limitations that applies to all auto accident personal injury lawsuits. Va. Code § 8.01-243. For cases involving injuries only, the 2-year period begins to run on the date the accident occurs. For auto accident claims involving death, the 2-years begins to run from the date of death. Accident claims involving property damage only are subject to a longer 5-year statute of limitations in Virginia.
Virginia is among the small minority of states that continue to follow the traditional rule of contributory negligence in auto accidents and other tort cases involving mutual degrees of fault. This rule basically says that a plaintiff cannot recover damages for an auto accident unless the other driver is found to be 100% at fault for the accident.
For example, let’s say Jack and Jill are involved in a car accident and Jack sued Jill for injuries he suffered as a result of the collision. The case goes to trial, and the jury finds that Jill was 95% at fault for causing the accident and Jack was only 5% at fault. Under Virginia’s contributory negligence rule, Jack would be barred from recovering any damages.
If you are physically injured in a car accident caused by another driver’s negligence, Virginia law entitles you to get financial compensation in the form of “damages.” Damages in Virginia can be awarded for certain types or categories of losses resulting from the accident. The categories of damages available in Virginia auto accident cases include:
The settlement value of a Virginia car accident injury case is based on various factors. The nature and severity of the plaintiff’s injuries are always the most significant factors driving the settlement amount of a Virginia car accident lawsuit. More serious injuries involve more medical expenses and pain and suffering, which equates to a higher settlement payout.
The chart below shows the average settlement value range of Virginia car accident cases based on the severity level of the plaintiff’s injuries.  Keep in mind our definition of minor is still a fairly serious accident.  We are not talking about whiplash and four weeks of physical therapy, even in the “minor” injury category.
Below are recent verdicts and reported settlements from Virginia car accident lawsuits. These cases are provided for informational purposes only, to give examples of the types of injuries and associated legal damages awarded in Virginia auto accident cases.
Call 800-553-8082 if you are looking to maximize the settlement amount of your Virginia car accident case, or contact us online.
 

Personal injury lawyers handling serious personal injury truck and auto accident, medical malpractice and products liability cases throughout the United States.
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