Chesapeake Car Accident Lawyer
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Injured in a Chesapeake car crash? Let a local lawyer protect your rights.












Drivers in Chesapeake face risks every time they get behind the wheel. A distracted driver runs a red light on Battlefield Boulevard. Someone texts while merging onto I-64. A drunk driver swerves across lanes on Military Highway. These crashes happen suddenly, and the aftermath can last for years.
Smith Law Center has handled car accident cases in Chesapeake since 1949. We have seen how insurance companies operate after crashes, how they minimize injuries to reduce payouts, and how they exploit Virginia's strict fault rules to deny valid claims entirely.
Our firm investigates what actually happened, documents the true cost of your injuries, and refuses to accept settlement offers that fall short of what you need to move forward with your life.
Contact us at (757) 244-7000 to schedule a free case review with a Chesapeake car accident lawyer.
"Smith Law Center has been an amazing help in getting me situated after my car accident. They have a very amazing and friendly staff. I'd recommend them to anyone who is looking for legal advice."
— Alisha Cherry
The Real Cost of a Car Accident Goes Beyond the Hospital Bill
Most people focus on immediate medical expenses after a crash. The emergency room visit. The ambulance ride. Maybe surgery or a few weeks of physical therapy. But the actual financial impact runs much deeper.
Income Loss
You miss work while recovering. If your job involves physical labor or requires driving, you might be out for months. Some injuries prevent you from ever returning to the same type of work, cutting your earning potential permanently.
Medical Treatment Continues Long After the Crash
Follow-up appointments. Physical therapy sessions that stretch for months. Prescription medications. Medical equipment. Some injuries require ongoing care for years, and those future costs need to be calculated now, before you settle your case. Many serious injuries don't even show symptoms immediately. Learn about delayed injury symptoms and why prompt medical evaluation matters.
Your Daily Life Changes
Maybe you cannot pick up your kids anymore. Maybe you need help with basic household tasks. Maybe you sold your motorcycle because you cannot ride anymore. These losses are real, even if they do not come with itemized bills.
The Psychological Impact Matters
Anxiety about driving. Nightmares about the crash. Depression from chronic pain or lost independence. Mental health treatment costs money, and emotional suffering deserves compensation under Virginia law. Many accident victims develop PTSD after car accidents that requires professional treatment.
Insurance companies know all of this. They also know that most accident victims do not think past the immediate medical bills when evaluating settlement offers. That is why they push for quick settlements before you understand the full picture.
A Chesapeake car accident attorney calculates what you actually need, not just what the insurance company wants to pay.
How Insurance Companies Investigate Chesapeake Car Accidents
The other driver's insurance company starts working on your case within hours of the crash, with one purpose: finding reasons to pay you less or deny your claim entirely.
- They look for prior injuries. If you had back pain before the crash, they argue the accident did not cause your current back injury. If you saw a chiropractor last year, they claim your neck problems are pre-existing conditions.
- They search for inconsistencies. Did you tell the police officer your neck hurt, but later mentioned your shoulder pain to the doctor? They use that to question whether you are exaggerating injuries.
- They monitor your social media. That photo of you standing at a family gathering gets presented as proof you are not really hurt. That comment about feeling better today contradicts your pain and suffering claim.
- They check for any possible fault. Were you slightly over the speed limit? Did you change lanes right before impact? Any action on your part becomes evidence of contributory negligence under Virginia's harsh law.
This investigation runs whether you hire an attorney or not. The difference is that without legal representation, you have no one countering the insurance company's version of events or protecting your rights.
Smith Law Center starts our own investigation immediately. Our Chesapeake car accident lawyers document what actually happened before the insurance company builds a narrative that benefits them at your expense.
Chesapeake Roads Where Serious Accidents Happen Regularly
Some roads and intersections in Chesapeake see more crashes than others. Heavy traffic, poor visibility, and confusing lane configurations create conditions where accidents happen frequently.
Battlefield Boulevard and Cedar Road
This intersection handles heavy traffic from multiple shopping centers. Left-turn crashes happen when drivers misjudge gaps in oncoming traffic or rush to beat yellow lights. Side-impact collisions here often result in serious injuries because of the speed involved.
Military Highway and I-464 Interchange
Merging traffic, drivers cutting across multiple lanes, and vehicles entering and exiting the interstate create dangerous conditions. Rear-end crashes and sideswipe collisions occur regularly during rush hour when traffic volumes peak.
Greenbrier Parkway near Volvo Parkway
Commercial development along this corridor creates constant turning movements. Drivers entering parking lots make sudden stops or turns without adequate signaling. Following vehicles cannot react in time, resulting in rear-end impacts.
Chesapeake Expressway
This toll road sees crashes related to speed, distracted driving, and drivers unfamiliar with the route. The limited access points mean that when accidents occur, emergency response can be delayed.
Even if you know these problem areas and drive defensively, you cannot control what other drivers do. When their negligence causes a crash, you can seek compensation for your losses. Certain locations across Virginia experience higher accident rates due to similar traffic patterns and road design issues.
What Happens When You Are Hit by an Uninsured Driver in Chesapeake
Virginia allows drivers to operate vehicles without liability insurance if they pay an uninsured motorist fee to the state. This creates situations where you get hit by someone who has no insurance coverage to pay for your injuries.
If this happens, your options depend on your own insurance coverage.
- Uninsured motorist coverage. If you purchased this optional coverage, your own insurance company compensates you for injuries caused by uninsured drivers. However, your insurer will investigate your claim just as aggressively as any other insurance company, looking for reasons to minimize what they pay.
- Underinsured motorist coverage. This covers situations where the at-fault driver has insurance, but their policy limits are too low to cover your actual damages. If you suffered $100,000 in losses but the other driver only carries $25,000 in coverage, your underinsured motorist policy can fill the gap.
- Personal assets of the at-fault driver. You can sue uninsured drivers personally and pursue their assets, but most people who choose not to carry insurance do not have significant assets to pursue. Even if you win a judgment, collecting it may be impossible.
These situations demonstrate why understanding your own insurance coverage matters. A Chesapeake car crash lawyer reviews all available coverage sources and pursues every option for recovering compensation after a crash.
Virginia's Two-Year Deadline to File a Car Accident Lawsuit
Virginia gives you two years from the accident date to file a personal injury lawsuit. This statute of limitations is strictly enforced. If you miss the deadline, courts dismiss your case regardless of how strong your evidence is or how seriously you were injured.
Two years might seem like plenty of time, but it disappears quickly.
The first few months focus on medical treatment and recovery. You are dealing with doctors, physical therapists, and figuring out how to manage daily life with your injuries. Legal action is not your priority, and it should not be during this critical healing period.
Six months later, you might still be in treatment. Maybe you have started negotiations with the insurance company. They request more documentation. They ask questions. They delay their evaluation. Months pass while you wait for responses.
A year after the crash, you might realize negotiations are going nowhere. The insurance company made a lowball offer that does not come close to covering your losses. You need to file a lawsuit, but now you have only one year left.
Actually preparing and filing a lawsuit takes time. Your attorney needs to investigate thoroughly, consult with experts, draft the complaint, and ensure everything meets legal requirements. Starting this process with only months left before the deadline creates unnecessary pressure and limits the time available for thorough preparation.
This deadline also affects settlement negotiations. Insurance companies know they have leverage as the two-year mark approaches. They understand you face a hard deadline while they do not. This knowledge influences their settlement strategy and the offers they make.
Contact a Chesapeake car accident attorney early in the process. This protects your rights, preserves your options, and removes the deadline as a factor in settlement negotiations.
Insurance adjusters contact accident victims quickly, asking for recorded statements and pushing for fast settlements. Their goal is resolving your claim before you understand your injuries' full extent or consult with an attorney.
You are not required to give recorded statements. You should not accept settlement offers without understanding what your case is actually worth.
Call (757) 244-7000 to speak with a Chesapeake car accident lawyer who handles these communications while protecting your legal rights.
Common Mistakes That Hurt Car Accident Cases
Certain mistakes can damage or destroy otherwise valid claims. Avoiding these errors protects your right to fair compensation.
- Giving recorded statements without legal advice. Insurance adjusters ask seemingly innocent questions designed to get you to say something that undermines your claim. Once recorded, these statements are difficult to explain away later.
- Accepting quick settlement offers. Initial offers usually come before you understand your injuries' full extent. Accepting these offers means giving up your right to additional compensation even if injuries turn out to be more serious than initially thought.
- Delaying medical treatment. Gaps in treatment give insurance companies arguments that injuries were not serious or were not caused by the accident. Consistent medical care creates strong documentation connecting injuries to the crash.
- Posting on social media. Insurance companies monitor accounts looking for content they can use against you. Photos, comments, and check-ins can all be misinterpreted or taken out of context to dispute your claims.
- Missing the statute of limitations deadline. Virginia's two-year deadline is strictly enforced. Missing it eliminates your right to compensation regardless of your case's merits.
- Failing to document everything. Memories fade. Evidence disappears. Documentation created close to the accident is more credible than information reconstructed months later.
- Ignoring medical advice. When you do not follow doctor's orders, insurance companies argue you did not take your injuries seriously or that you contributed to ongoing problems by failing to complete prescribed treatment.
A Chesapeake car accident lawyer helps you avoid these mistakes while handling the legal complexities that arise during the claims process, including determining liability when someone hits your parked car.
How a Chesapeake Auto Accident Lawyer Fights For Fair Compensation
Insurance adjusters have formulas they use to value car accident claims. These formulas are designed to minimize what they pay, not to provide fair compensation for your actual losses.
Our Chesapeake car accident attorneys fight to protect your right to compensation by:
- Documenting every medical expense. Not just the bills you have already received, but the treatment you will need in the future. This requires consulting with medical experts who can testify about ongoing care requirements and associated costs.
- Calculating true income loss. This includes obvious lost wages, but also reduced earning capacity if injuries prevent you from returning to your previous work. For serious injuries, this can represent hundreds of thousands of dollars over a working lifetime.
- Valuing your noneconomic damages. Pain and suffering, emotional distress, and loss of life enjoyment do not come with price tags. We present evidence that helps insurance companies, mediators, or juries understand the true impact of your injuries on your daily life.
- Accounting for out-of-pocket expenses. Transportation costs for medical appointments. Home care assistance. Medical equipment. Modifications to your home or vehicle. These expenses add up and should be included in your claim.
- Identifying all available insurance coverage. Sometimes multiple insurance policies apply to a single crash. The at-fault driver's liability coverage, your uninsured/underinsured motorist coverage, and possibly other policies depending on circumstances. Maximizing recovery means identifying and pursuing every available source.
This thorough evaluation takes time and expertise. It requires understanding medical evidence, economic loss calculations, and how Virginia courts have valued similar cases in the past. This is why research consistently shows that people with attorneys recover nearly three times more than those handling claims alone, even after paying attorney fees.
"People hire us because they know insurance companies have lawyers protecting their interests. You need someone just as committed to protecting yours. That's what we do."
— Stephen M. Smith, Founder, Smith Law Center
Smith Law Center's Track Record in Chesapeake Car Accident Cases
We have recovered over $1 billion for Virginia clients. This includes substantial verdicts and settlements in car accident cases where insurance companies initially denied liability or made inadequate settlement offers.
Our results in car accident cases include:
- $4,750,000 settlement for a school librarian who suffered a mild traumatic brain injury in an auto wreck. The company initially disputed the severity of her injuries, but thorough medical documentation and expert testimony established the long-term impact on her life and career.
- $1,975,000 settlement for a woman rear-ended by a company vehicle. She sustained a mild TBI, headaches, worsened ADHD, memory issues, and depression. The defense hired multiple experts to contest the injuries, but the case settled one month before trial.
We take cases to trial when necessary. Our willingness to go to court creates settlement leverage. Insurance companies know we prepare thoroughly and are ready to present cases to juries if settlement negotiations fail.
We work with expert witnesses. Accident reconstruction experts, medical specialists, economists, and vocational rehabilitation experts provide testimony that establishes fault, documents injuries, and proves damages. These experts strengthen cases significantly.
We handle all case aspects. From initial investigation through settlement or trial, we manage every detail. This includes dealing with insurance companies, medical providers, and opposing attorneys while keeping you informed about case developments.
Three generations of Smith attorneys. Our firm was founded by Joseph Smith in 1949. His sons Stephen and Howard Smith continue the practice today. This multi-generational experience provides unique advantages in understanding how car accident cases have evolved and how to handle them effectively.
Chesapeake car accident victims choose Smith Law Center because they need attorneys who have actually tried cases, recovered substantial compensation for injured clients, and have the resources to handle complex litigation when necessary.
Contact Smith Law Center After Your Chesapeake Car Accident
If you were injured in a Chesapeake car accident, you face challenges that extend far beyond physical recovery. Medical bills arrive while you wait for settlement. Insurance companies pressure you to accept inadequate offers. Virginia's harsh fault rules threaten to eliminate your right to compensation entirely if the insurance company can prove minimal fault on your part.
Smith Law Center has represented Chesapeake car accident victims for over 75 years. We understand how insurance companies operate, how to counter their tactics, and how to build cases that overcome the obstacles Virginia law creates for injured accident victims.
Call (757) 244-7000 or contact us online for a free case review with a Chesapeake car accident attorney who will evaluate your case and explain your options under Virginia law.





FAQs
Car Accident FAQs
Should I use my own insurance or file a claim against the other driver's insurance?
You should report the accident to your own insurance company as required by your policy, but you are filing a liability claim against the at-fault driver's insurance. Your own insurance might pay for vehicle repairs under collision coverage, but you would typically pursue an injury claim against the other driver's liability coverage. A Chesapeake car accident lawyer can explain how different insurance coverages interact in your specific situation.
The insurance company wants me to sign a medical authorization. Should I?
Do not sign broad medical authorizations without having an attorney review them first. Insurance companies sometimes use these authorizations to obtain your entire medical history, looking for pre-existing conditions or prior injuries they can use to minimize your claim. Limited authorizations for records directly related to the accident are appropriate, but blanket authorizations are not.
What if the other driver got a ticket but I did not?
Citations issued at the scene provide evidence of fault, but they are not conclusive. The absence of a citation does not prevent you from pursuing a claim if evidence shows the other driver was negligent. Conversely, receiving a citation does not automatically bar your claim if other evidence shows the other driver bears responsibility for the crash.
How long does it take to settle a car accident case?
Settlement timelines vary significantly based on injury severity, liability disputes, and insurance company cooperation. Simple cases with clear liability and minor injuries might settle within months. Cases involving serious injuries often take longer because settlement should not occur until you reach maximum medical improvement and future treatment needs can be accurately assessed. Complex liability cases or those requiring litigation can take a year or more to resolve.



