Virginia Injury Lawyers Blog

Hit-and-run accidents often cause severe bodily injury, property damage, and psychological harm. If you are injured in a hit-and-run accident, you may seek coverage from your insurance company. However, insurance companies are businesses, and they often do not cover the full extent of their customers’ harm. When insurance does not provide the compensation you need, you may be able to bring a personal injury lawsuit to hold a hit-and-run driver accountable for your injuries.

For example, one person suffered injuries following a hit-and-run collision in Washington, D.C. According to a witness, the victim was riding a Lime scooter in the early morning hours when a car struck his scooter. Rather than stopping to provide aid, the driver kept driving toward Virginia. Local police have continued to investigate the crash.

Can You Pursue Insurance Coverage After a Virginia Hit-and-Run?

Virginia allows insured drivers to seek coverage for a motor vehicle accident without identifying the responsible driver. According to the Virginia Bureau of Insurance, drivers in Virginia must purchase Uninsured/Underinsured Motorist (UM) coverage, which every insurance policy must offer. This type of coverage provides bodily injury and property damage protection in an accident with a hit-and-run driver. You can still receive UM coverage if you do not identify the responsible driver, but you must pay the first $200. If you have identified the driver, UM coverage can help pay the difference if the driver’s liability limits are not high enough to cover your damages. The minimum amount of UM coverage is $30,000 for bodily injury liability and $20,000 for property damage liability.

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Hit-and-runs are senseless tragedies that occur when a driver leaves the scene of an accident. Too often, the person who committed the hit-and-run leaves behind another person who has suffered injuries from the crash. By fleeing the scene instead of seeking medical attention, a hit-and-run driver leaves an injured victim helpless, often worsening the victim’s harm. When a driver’s actions lead to another person’s death, the deceased’s family may pursue a wrongful death lawsuit to hold the hit-and-run driver responsible in court.

As a recent news article tragically reported, a passenger lost her life following a hit-and-run in Washington, D.C. The accident occurred as a Ford was traveling north at an intersection when a Mercedes drove through a red light, slamming into the Ford. As a result of the crash, a backseat passenger in the Ford was ejected from the vehicle. Following the accident, the driver and passenger in the Mercedes ran from the scene. Sadly, the Ford passenger died at the scene. The other two occupants of the Ford suffered minor injuries.

Can You Bring a Lawsuit for Damages After a Fatal Virginia Hit-and-Run?

Virginia allows plaintiffs to bring a wrongful death suit after a fatal hit-and-run accident. Under Virginia law, the deceased’s personal representative must bring the wrongful death lawsuit. However, the law specifies that the resulting damages award will go to the deceased’s surviving spouse and children or, if the deceased did not have a spouse or children, the deceased’s parents, siblings, and any dependent relatives. A Virginia plaintiff can bring a wrongful death lawsuit against a defendant as long as the deceased would have also been able to bring a lawsuit had they survived the accident.

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Too often, pedestrian accidents result in severe injury or even death. Typically, they occur when a driver fails to spot a pedestrian or a pedestrian crosses the road outside of a designated crosswalk. No matter the cause, when a person or their loved one suffers injuries after a pedestrian accident, they make seek to hold the responsible party accountable through a negligence lawsuit.

As a recent news article reported, a pedestrian accident tragically killed a three-year-old boy in Lynchburg, Virginia. According to eyewitnesses, the accident occurred when the child approached the side of a truck. As the truck driver began to travel, he struck the child, whom he did not see. Tragically, the boy died at the scene. Police are continuing to investigate the cause of the accident.

What Are the Elements of a Virginia Pedestrian Accident Lawsuit?

If a person or their loved one suffers injuries in a Virginia pedestrian accident, they can bring a personal injury lawsuit against the responsible party for negligence. In a negligence suit, the plaintiff must prove four essential elements by the preponderance of the evidence, meaning at least 51% more likely than not. Specifically, they must prove the defendant owed the plaintiff a duty of care, breached that duty through their action or failure to act, caused the accident through their negligence and that the plaintiff suffered harm due to the accident. The same elements of a negligence claim also apply to wrongful death suits. The intention behind wrongful death lawsuits is to hold the defendant responsible even though the deceased cannot sue them directly in court. Therefore, the person bringing the wrongful death lawsuit must prove that the deceased would have prevailed in a negligence suit had they sued the defendant directly.

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When a driver runs a red light, they risk colliding with a vehicle traveling in a different direction. These red light accidents may result in severe injury or property damage to a vehicle. When these serious injuries occur, an accident victim may sue the driver who ran a red light for damages. An experienced Maryland personal injury attorney can help injured victims understand the laws that govern damages suits against a negligent driver.

As a recent news article reported, one person died and three people suffered injuries after a three-vehicle crash in Glen Burnie, Maryland. According to local police, a Toyota was traveling southbound when it ran a red light. The Toyota then drove right into an intersection, where it collided with a Chevrolet making a left turn. Unfortunately, a third vehicle was also turning left, and it was struck by both vehicles. A passenger in the Chevrolet tragically died at the scene. The Chevrolet driver, the Toyota driver, and a passenger in the Toyota were transported to the hospital for their injuries. As local police reported, the Toyota driver may have been driving under the influence of alcohol and speeding when the accident occurred.

How Can You Recover Damages After a Red Light Accident?

When someone causes injuries after running a red light, an injured victim may be able to bring a negligence claim to recover monetary damages. To succeed on a negligence claim, the plaintiff must prove the defendant owed the plaintiff a duty of care, breached that duty by acting carelessly or failing to act, caused an accident through their carelessness and that the plaintiff suffered consequent injuries, whether to their person or property. Examples of careless or negligent actions may include running a red light, distracted driving, or driving under the influence of drugs or alcohol. In fact, driving while distracted or under the influence may cause a driver to run a red light, potentially leading to a serious accident.

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Pedestrians in Virginia and the Beltway region have been at an increased risk of injury from auto-pedestrian accidents in recent years. Obsolete traffic control devices, as part of a broader shift away from pedestrian infrastructure, have caused more pedestrians to cross dangerous roads without the right-of-way, resulting in hundreds of injuries and deaths in recent years in the region. A woman was recently killed when attempting to cross the street from a restaurant in Washington County earlier this month.

According to a local news report discussing the incident, the 72-year-old victim was crossing the street in front of the Williamsport Waffle House restaurant on Route 11 an early morning in January, when she was struck by a GMC truck and died at the scene of the crash. Reportedly, it was still dark outside when the crash occurred, and visibility may have been an issue. The driver of the truck stopped after the incident and has cooperated fully with authorities concerning the tragedy, although the article does not note if a citation was issued to the driver after the crash.

Pedestrians in Virginia should exercise extreme caution when walking near a roadway or crossing the street. It is always best to find a crosswalk to cross a busy street and make eye contact with any stopping drivers before entering the road to ensure that they see you. Drivers owe all pedestrians a duty to avoid a collision and can be held accountable for causing a crash. A pedestrian who is hit by a vehicle while properly using a crosswalk has the right of way, and the driver of the vehicle can be held financially accountable for any injuries suffered in the crash.

In recent years, the dangers of prescription opioids have gained significant public attention. The public has now recognized the potential for severe opioid addiction and the dire health outcomes it portends. What has gained less attention is the link between opioid use and motor vehicle accidents. Research has shown that people who take prescription opioids are more than twice as likely to be involved in a car accident than people who don’t. As opioid use climbed from the 1990s and early 2010s, so did the number of fatalities among drivers who used prescription opioids. Until recently, however, little was known about the link between prescription opioid use and non-fatal motor vehicle accidents.

A recent study from researchers at Yale University sought to remedy this gap in knowledge. In a study of non-fatal accidents from 2014-2018, the researchers found that car accidents involving opioids have significantly decreased. The researchers started with de-identified data from roughly 255 million people with health insurance from all 50 U.S. states and Washington, D.C. From there, they looked at over 142,000 emergency room visits resulting from motor vehicle accidents. Then, they determined how many injured drivers had an active opioid prescription at the time of the accident. Each year, the number of drivers with opioid prescriptions dropped. By the end of the study, so did the number of accidents.

The study’s authors credit this change to the Center for Disease Control and Prevention (CDC)’s 2016 guidelines around the prescription of opioids. That year, the CDC provided guidance for doctors on whether to prescribe or continue prescribing opioids, along with the length and dosage of prescriptions. Additionally, the CDC offered strategies for assessing the risks of opioid abuse and the harm it can inflict on patients and their families. After the CDC published its guidelines, non-fatal accidents involving opioids decreased by 28%. According to an author of the study, this data suggests that more cautious opioid prescription practices have reduced the occurrence of motor vehicle accidents. The study’s lead author further credits lawmakers at the federal and state levels who have tried to address the opioid crisis. They praised measures including drug take-back programs, electronic databases that monitor the number of opioid prescriptions within a state, and further restrictions on opioid prescriptions.