Detailed Answer
Overview of Negligence in Virginia
In Virginia, establishing another driver’s liability for running a red light and causing a collision relies on proving negligence. Negligence has four elements: duty, breach, causation, and damages.
1. Duty of Care
Every driver owes a legal duty to obey traffic signals under Virginia law. Va. Code § 46.2-834 states that a driver must stop at a steady red signal and may proceed only when it is safe to do so. Failure to stop constitutes a statutory violation.
2. Breach of Duty (Negligence Per Se)
Violating Va. Code § 46.2-834 triggers negligence per se. You do not need to show that the driver acted unreasonably; the statute’s breach alone establishes a presumption of negligence.
3. Causation
You must show the red-light violation directly caused the crash and your injuries. Evidence may include:
- Police accident report with officer’s factual findings.
- Traffic-camera or red-light camera footage from the intersection.
- Photos of vehicle damage, skid marks, and traffic signal visibility.
- Witness statements describing the collision.
- Accident reconstruction expert opinions.
4. Damages
Document your medical bills, lost wages, repair estimates, and other costs. Virginia allows recovery of economic and non-economic damages such as pain and suffering.
Key Steps to Build Your Case
- Call 911 and Report the Crash: Ensure police create an official report.
- Collect Evidence at the Scene: Take photos of the intersection, vehicle positions, traffic signals, and road conditions.
- Get Witness Information: Note names, phone numbers, and statements from bystanders.
- Obtain Official Records: Request the police report, traffic camera recordings, and signal-timing logs from the local transportation department.
- Consult an Accident Reconstruction Expert: An expert can create diagrams, analyze impact angles, and interpret skid-mark data.
- Preserve Medical Records: Seek prompt medical care and maintain all treatment documentation.
Statute of Limitations
Virginia imposes a two-year limitation on personal injury claims. See Va. Code § 8.01-243. You must file a lawsuit before the deadline, or you lose your right to recover damages.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Virginia attorney to discuss your specific case.
Helpful Hints
- Notify your insurer promptly but avoid admitting fault.
- Use your smartphone to timestamp photos and videos.
- If traffic cameras exist, request footage early; recordings may be overwritten.
- Keep a detailed diary of your injuries and recovery progress.
- Backup all digital evidence in multiple formats.
- Ask potential witnesses to provide written statements.
- Discuss settlement offers with counsel before accepting.