Head-on collisions can lead to serious injuries, especially when an accident involves multiple vehicles. Drivers and passengers may suffer serious physical injury, brain injury, and emotional harm from the traumatic event. Because head-on collisions often involve strong force and high speeds, they may also lead to fatalities. When a head-on collision involves multiple drivers, an injured accident victim may wish to hold all drivers accountable for their harm. Understanding Virginia’s rules of recovery is key to recovering the compensation you need after a head-on collision.
For example, a recent head-on collision involving three vehicles led to multiple injuries. According to a local news article, the accident occurred in Maryland as the vehicles were traveling on the highway. First responders closed the westbound lane of the highway where the head-on crash took place. The investigation into the crash remains ongoing.
Can You Recover Damages from Multiple Defendants for a Virginia Head-On Accident?
If more than one defendant caused your injuries, you may sue multiple defendants for negligence. Virginia follows a pure joint and several liability system. Under this theory of liability, the plaintiff may recover the full damages amount from any defendant. For example, if two defendants are equally responsible for the plaintiff’s injuries, but one cannot pay 50% of the damages award, the plaintiff can collect 100% of the damages award from the other defendant. In this respect, Virginia differs from other states that follow several liability or modified joint and several liability. In pure several liability states, each defendant is only responsible for paying damages proportionate to their share of fault. Under modified joint and several liability, states will only require one defendant to pay the full damages award if their portion of fault for the accident meets a certain minimum threshold, such as 51%.