Car Accidents

Car accidents occur frequently on our roads. In 2024, there were 129,244 crashes on Virginia Roads, resulting in 64,086 injuries. Sadly, these accidents also accounted for 918 fatalities.

In Fairfax County alone, there were 12,626 crashes causing 5500 injuries and 55 fatalities – the highest numbers in the state. Prince William County saw 6300 accidents; Loudoun County reported 4900 accidents; and Arlington County saw 2,000 crashes. These are sobering numbers.

Accidents happen and they happen frequently. One crash occurs approximately every four minutes. The cause? Speed is the most common factor, but alcohol and distracted driving also play a role in many of these accidents.

If you’ve been involved in an accident and are seriously injured, you need to have capable, seasoned legal advisors on your side. Our attorneys bring an unmatched depth of knowledge in car accident law and a determination for pursuing favorable outcomes. At Frei, Mims and Perushek, we will examine the circumstances of your accident, hold liable parties accountable, and navigate the complexities of the legal system to your advantage. We are committed to turning a traumatic event into a springboard for moving forward.

How Do I Know if I Need a Lawyer for My Car Accident Claim?

Insurance companies are not always “on your side” and often crash victims come to us after the insurance company has made them an inadequate offer of compensation. The insurance company offer may not take into consideration the factors our attorneys will review, such as:

• The full extent of the injury
• The resulting disability from the injury
• Current and future treatment costs
• Damage and repairs to the vehicle
• Depreciation of the vehicle
• Rental vehicle fees
• Necessary disability equipment and/or housing remediation
• Current and future lost wages

Our attorneys have extensive experience in dealing with seriously injured crash victims and preparing the expert testimony that fully portrays the extent of the injury, your damages and what constitutes adequate compensation. We have spent more than 45 years working with crash victims and insurance companies.

Your Auto Accident Claim May Be More Complicated Than You Might Think.

At Frei, Mims and Perushek, we’ve experienced auto accident cases of every kind, yet every new case presents its own set of issues that must be dealt with carefully. Even some of the most seemingly straight forward accidents can involve complicating factors that require serious legal analysis, like these cases at our firm:

• Jury Awards $1.5 million for Brain Injury from Collision: Defense Claimed Victim was “Faking”
• Victim’s Own Insurance Company “Not on Her Side” in Head-on Collision with Uninsured Driver
• $2.33 Million to Victim Run Over at ATM

I’ve Been Contacted by the Other Insurance Company. What Do I Tell Them?

State that you are in the process of hiring an attorney and will provide that attorney’s name soon. Your words matter. Do not provide a statement to the defendant’s insurance company representative. Your attorney will do that for you.

The insurance company representative wants to know the extent of injuries and damages, but also in learning how the company can avoid paying at all. Consider this:

Example: You approach an intersection with a red light, you stop. When the light turns green you proceed and are hit broadside by a car that runs a red light. Seems like a simple case, right? Maybe not. The insurance company representative records your statement and asks, “Why did you pull out into the path of an oncoming vehicle?” You answer, honestly, that you had a green light and didn’t look.

Making a statement like that could seriously reduce the value of your case or completely void your ability to recover any compensation (due to Virginia’s strict contributory negligence law. See below.) In Virginia, a green light is not a command to go. The driver still needs to use reasonable care to look all ways before entering the intersection.

An experience accident attorney would help you avoid this pitfall.

If the insurance company makes you an offer, do not immediately accept it. The offer deserves a thorough examination. It would be wise for you to consult an experienced personal injury lawyer.

Can I Get Compensated for My Losses From an Auto Accident?

The answer, generally, is yes. If you were injured due to the negligence of others, you may be able to recover damages. Over the past 45 years, the lawyers at Frei, Mims and Perushek have helped hundreds of seriously injuredcrash victims gain compensation for their losses. Make an appointment with us for a complimentary consultation. We will help you obtain the information you will need, such as

• police report
• your notes on how the accident occurred, who was with you, where you were going
• name and contact information for any witnesses
• photos taken at the scene
• property damage report
• your insurance policy, including a copy of your homeowner’s insurance policy and any umbrella policy you may have.

Establishing the Full Extent of Damages in a Car Accident Case

Your attorneys at Frei, Mims and Perushek will work to establish both your potential economic and non-economic damages such as:

• Medical bills: This refers to the immediate and ongoing costs associated with treating injuries sustained during a car accident. These can include not only emergency treatment but also surgeries, medication, rehabilitation, and any necessary medical equipment.
• Lost income: This encompasses any wages or benefits a victim is unable to earn as a direct result of the accident. If injuries prevent returning to work temporarily or even permanently, lost income can significantly impact a victim’s ability to provide for themselves or their families.
• Future treatment costs: These are estimated fees that a victim may need to pay for ongoing medical care related to their injuries, such as physiotherapy, follow-up appointments, continued medication or the likelihood of future surgeries.
• Lost earning capacity: If the injuries sustained in the accident prevent a victim from maintaining their usual level of income in the future, they may be able to claim for lost earning capacity.
• Property damage: This refers to the cost of repairing or replacing a vehicle or any other property damaged in the accident, and depreciation (which occurs anytime a vehicle is seriously damaged – even after repair.)
• Pain and Suffering: These are non-economic damages and refer to the physical pain and emotional distress a victim may experience following a car accident.
• Modifications to living conditions: Some injuries result in a long-term disability that make a home no longer adequate or safe. For example, suppose your injury requires a leg brace and crutches to navigate stairs but your bedroom is on the second floor. Is it now safe for you to sleep alone in the house? If there’s a fire, will you have time to safely escape? If not, you might need a house with a ground floor bedroom.
• Loss of Enjoyment of Life: Also considered as non-economic damage, this refers to the diminished quality of life as a result of the accident – for instance, being unable to participate in activities or hobbies that the victim once enjoyed.

Proving Liability in a Car Accident Claim

In order to prevail in a car accident claim, you need to prove

1. The other driver(s) were negligent
2. You were not negligent
3. You suffered damages, and
4. Their negligence was the cause of your injuries and damages.

These concepts are at the center of Virginia’s negligence laws:

Duty of care: The law imposes a responsibility, or a duty, on every driver to exercise care in operating the vehicle. Every driver, for example, has a duty to obey the law, like follow the speed limit.

However, accidents nonetheless occur when this duty is breached, which introduces the “Breach of Duty” component.

Breach of Duty: This violation is typically illustrated by actions such as reckless driving, distracted driving, or failing to abide by traffic laws.

Damages: Damages relate to the injuries and losses suffered by the victim as a direct result of the accident. This can include anything from physical injuries and medical bills to property damage and loss of income.

Causation: Causation is crucial to determining negligence claims. This means proving that the negligent driver’s actions directly led to the accident and subsequently, the damages suffered. It becomes irrefutable that without the defendant’s negligence, the accident would not have occurred.

Another Aspect of Law May Apply if the Case Involves an Auto Defect:

Product Liability: If the accident, or injuries, were the result of a manufacturing defect, the manufacturer may be liable. If so, there will be a much larger source of recovery, as in this case our firm handled:

Case example: defective car seatback injures child

In one of our cases involving a minor, we represented a Fairfax father and his 4-year-old daughter who were injured in a rear-end collision. The father’s seat collapsed backward during impact, causing his head to strike his daughter in the face. The child suffered multiple skull and facial fractures. We filed a lawsuit for the father and the child, against both the auto manufacturer and the car dealership. Our investigation uncovered prior reports of similar seatback failures in minor rear-end impact collisions. The evidence helped us negotiate a substantial settlement from the auto manufacturer and the car dealership.

Who gets sued in a car accident case? Your attorneys will analyze and determine who are the potential defendants.

• The driver of the other car: This individual can be held accountable for their careless, distracted, or reckless driving behaviors, which may lead to serious accidents. Possible reasons for such behaviors range from mobile phone use and driving while under the influence of alcohol or drugs, to excessive speed and negligence at stop signs or traffic lights.
• The employer of the driver of the other car: Sometimes, the employer can be held liable for car accidents involving an employee. This is especially true if the employee was fulfilling work-related tasks or responsibilities at the time of the collision. This is called the doctrine of respondeat superior.
• Car manufacturer: A car manufacturing company can become a defendant if a defect in the vehicle’s design or manufacturing process contributed to the accident. This could include faulty brakes, airbags that fail to deploy, or any other manufacturing defects impacting the vehicle’s functionality.
• A repair shop that performed maintenance on a vehicle: If it is determined that a repair shop did an inadequate or unreliable job in servicing a vehicle, leading to mechanical or electrical failure that contributes to a car accident, then the shop can be held liable for resultant damages.
• The government entity responsible for maintaining the road: Government entities are charged with the responsibility of maintaining safe driving environments. If it can be proven that poor road conditions, ineffective signage, or lack of proper maintenance contributed to an accident, this entity may be held responsible. In some incidents the government will be immune from liability under the doctrine of sovereign immunity, but this is not absolute and does not cover subcontractors working for the government.

Virginia’s contributory negligence law in car accident cases

Most states have adopted a comparative negligence approach to compensation in car accidents. Comparative negligence is a legal principle that apportions blame, and consequently, financial responsibility amongst parties involved in an accident.

Virginia does not follow the comparative negligence doctrine. Instead, Virginia has strict contributory negligence law. This means, in the event of a car accident, if a party is found to be even fractionally at fault, they are barred from receiving any compensation. Put differently, Virginia’s rule stipulates that a victim can recover damages only if they were zero percent at fault.

This rule can drastically impact accident victims, as any level of fault attributed to the victim, regardless of how minor it may seem, disallows them from recovering any damages. It highlights the importance of engaging skilled and knowledgeable legal assistance to navigate the complexities of Virginia’s contributory negligence rule.

Settlements or Trials in Car Accident Cases

If you’ve been involved in a car accident, you may be wondering whether to seek a settlement or go to trial. This decision can greatly impact the course of your case and its resolution. When you accept a settlement, it means you are agreeing to a specified amount of compensation without arguing your case in a trial. In turn, you are required to release your claims against the responsible party, effectively losing the right to file any follow-up lawsuits related to the incident.

Pros and Cons: Settling the case can indeed have benefits, particularly if you need immediate financial support for medical bills or vehicle repair costs. Settlements usually materialize faster, sparing you the time and emotional stress often involved in court trials. Moreover, settlements guarantee a sure amount, unlike trials where the outcome is uncertain since it is typically decided by a jury of seven or twelve strangers.

However, opting for a settlement also carries potential drawbacks. Firstly, the monetary compensation offered in a settlement might often be considerably lower than what you could potentially acquire with a court victory. Also, once you sign the release of claims, you waive off any chance of bringing up additional charges in the future, even if you discover later damages or injuries related to the accident.

Thus, it’s crucial to carefully weigh the pros and cons before making a choice between settling and going to trial. Our experienced attorneys can guide you through each path’s potential outcomes, helping you pursue the one that serves your interests the best. Despite the potential challenges involved, remember that you always have legal options and deserve justice after a car accident.

Car Accident Statute of Limitations

In Virginia, the statute of limitations for car accident losses stands at two years. This term, the “statute of limitations,” refers to the period available to an individual after an accident to file a lawsuit against the responsible parties. This timeframe is crucial for anyone who has suffered injuries or damage from a car accident. The countdown for this period starts from the day of the accident.

Understanding the importance of the statute of limitations goes beyond simply knowing the legal terminology – it can significantly impact the outcome of your claim.

If a victim fails to file a lawsuit within the designated two-year period, they will almost certainly be barred from pursuing compensation for their damage and injuries henceforth. The court typically dismisses cases filed after the expiration of the statute of limitations, leaving the victim without any legal recourse.

Consider this: if an accident occurs on January 1, 2021, the victim has until January 1, 2023, to initiate legal action. Beyond this date, the courts are likely to dismiss the claim. As such, getting in touch with a seasoned law firm promptly after an accident provides you with an advantageous position to safeguard your rights. Understanding the weight of the statute of limitations in Virginia, affiliated with car accidents, is vital for victims seeking compensation. Act in a timely manner, because as each day passes, so does the opportunity to pursue your rightful claim for damages.

Exception to the rule: For cases involving the death of the plaintiff, the statute of limitations begins at the date of the death and then runs for two years. If the accident occurred on January 1, 2021, but the plaintiff dies on January 20, 2021, the statute of limitations doesn’t expire until January 20, 2023, two years from the date of the death. There is also an exception for children which is generally 2 years from the date the minor reaches 18.

Contact Us for a Complimentary Consultation.

At Frei, Mims and Perushek, we don’t use a cookie-cutter approach to representing you – each case and claim is unique and deserves careful legal analysis. Some cases will settle, others will go to trial and that is why you should seek an attorney who not just an experienced lawyer but is also an effective litigator. Over the past 45 years, our attorneys have dealt with hundreds of accident victims in their fight to gain just compensation for their losses. There is no substitute for that type of experience. For us, it’s not just about handling a case – it’s about helping you move forward from a traumatic incident. Contact us for a complimentary consultation.