If you’ve been involved in a minor car accident in Portsmouth, Virginia, you might wonder if it’s necessary to speak with a car accident lawyer, especially if injuries seem minimal or the property damage appears insignificant. However, Virginia’s strict contributory negligence laws make even minor collisions legally complex.
Unlike in many other states, Virginia law bars you from recovering any compensation if you are found even 1% at fault for the accident. This rule means that a seemingly simple fender bender could quickly turn into a serious legal battle. Consulting a skilled Portsmouth car accident lawyer ensures your rights are protected, your case is thoroughly evaluated, and you avoid mistakes that could cost you your ability to recover damages.
What Should I Do After a Car Accident in Portsmouth?
No matter how minor the accident may seem, your actions after a crash are important. Here’s what to do immediately after an accident in Portsmouth:
- Move to a safe location. If possible, move your vehicle to the shoulder or a nearby parking area to prevent further danger. Activate your hazard lights.
- Call 911. Always report the crash to local authorities, especially if there’s any damage or injury. A police report can be critical to proving fault.
- Get medical attention. Even if your injuries appear minor, have EMTs evaluate you at the scene. Some injuries—like whiplash or internal trauma—may not show symptoms right away.
- Gather evidence. Take photos of vehicle damage, road conditions, traffic signs, injuries, and any skid marks or debris.
- Exchange information. Collect the other driver’s name, insurance details, and license plate number. Be polite, but do not admit fault, even casually.
- Talk to witnesses. If bystanders saw the crash, get their names and contact info. Their statements could be valuable.
- Notify your insurance company. Report the accident, but avoid making recorded statements or accepting fault until you’ve spoken with a lawyer.
- Contact a Portsmouth car accident lawyer. This is especially important under Virginia’s contributory negligence rules. A lawyer can assess liability and help prevent you from being unfairly blamed.
Why Contributory Negligence Makes Legal Help Essential in Virginia
Virginia is one of just a few states that follow pure contributory negligence rules. Under this law, if you are found even 1% responsible for causing a crash, you cannot collect any compensation from the other driver, even if they were 99% at fault.
This strict legal standard means insurers will often search for any reason to pin partial blame on you. Something as simple as not using a turn signal or driving slightly above the speed limit can be used against you. That’s why legal representation is so critical—even for minor accidents.
Can I Recover Compensation for a Minor Car Accident?
Yes, depending on your injuries and losses, you may still be entitled to compensation. Even low-speed collisions can result in injuries like whiplash, sprains, or concussions that require medical care and time off work.
You may be eligible for two main types of damages:
Economic Damages
- Emergency room and follow-up medical expenses
- Physical therapy or rehabilitation
- Lost wages if you missed work
- Future medical costs or diminished earning potential
Non-Economic Damages
- Pain and suffering
- Emotional distress or anxiety
- PTSD or sleep issues
- Reduced enjoyment of life
Don’t underestimate the long-term impact of a minor crash. Medical costs, insurance complications, and lingering pain can affect your health and finances well after the incident.
What Is the Deadline to File a Car Accident Claim in Virginia?
Under Virginia law, you have two years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations. If you miss this deadline, your claim may be permanently barred—even if you have strong evidence.
How Can a Car Accident Lawyer Help Me After a Minor Crash?
Many people assume that legal representation is only necessary for major injuries or complex cases. But even in minor accidents, a lawyer can:
- Evaluate your case and determine liability.
- Protect you from unfair blame under Virginia’s strict laws.
- Handle communication with insurance adjusters.
- Negotiate a fair settlement for your damages.
- Gather medical records and expert testimony if needed.
Having a lawyer on your side levels the playing field. Insurance companies have legal teams working to limit payouts—you should have a dedicated advocate, too.
Portsmouth Car Accident Lawyers at Anchor Legal® Will Protect Your Rights
Even a minor car accident can lead to long-term health, legal, and financial consequences, especially under Virginia’s contributory negligence rules. If you’ve been involved in a crash, the Portsmouth car accident lawyers at Anchor Legal® are here to help. Call us today at 757-LAW-0000 or contact us online to schedule your free, confidential consultation. Located in Virginia Beach, we serve clients in Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and Eastern Shore.