Virginia Car Accident Lawyer

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After a serious car accident, you need experience on your side. Smith Law Center has recovered over $1 billion for clients — get your free case review today by calling (757) 244-7000 today.

David HoltSamantha Cohn
Legally Reviewed By
Stephen M. Smith
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A woman talks on a cell phone to a Virginia car accident lawyer near her wrecked car. Front of Smith Law Center building

Car accidents can be devastating, both physically and emotionally. But a Virginia car accident lawyer will have your back, making sure your rights are protected and you receive the compensation you deserve.

At Smith Law Center, we’ve spent 75 years standing up for Virginia drivers and families after serious accidents. Our firm has recovered over $1 billion in settlements and verdicts nationwide, earning a reputation as one of the largest and most respected personal injury law firms in Virginia.

As a multi-generational, family-run firm with record-setting results, we won’t rest until you receive a fair settlement. Contact us online or call (757) 244-7000 for a free, no-obligation consultation.

When you need powerful representation with a personal touch, we’re here to help.

“I highly recommend the Smith Law Center - our attorney, David Holt, and paralegal Aaron, and the whole team worked diligently to get us a fair settlement in our auto accident case. From the beginning of the litigation process to the final settlement, we were kept updated, and all of our questions/concerns were addressed in a timely manner. Our family is so thankful that we chose the Smith Law Center!”

- A. Epstein | Client

What Kind of Settlement Can a Virginia Car Accident Attorney Help You Secure?

Your Virginia car accident attorney may help you secure compensation for the following:

  • Medical expenses: This includes the cost of hospitalization, surgeries, medications, physical therapy, and any other medical bills related to your injuries.
  • Lost wages: If your injuries prevent you from working, you may be entitled to compensation for the income you lost during your recovery period.
  • Pain and suffering: This includes the physical and emotional pain you’ve experienced as a result of the accident.
  • Property damage: This includes the cost of repairing or replacing your vehicle, as well as any other property that was damaged in the accident.
  • Punitive damages: In some cases, a court may award punitive damages if the at-fault driver did something very wrong, like if the driver was driving drunk.

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The settlement amount will depend on various factors, including: 

  • The severity of your injuries.
  • The extent of the property damage.
  • The at-fault driver’s insurance policy limits.

While there is no guaranteed amount you can receive in a lawsuit, your attorney will work hard to negotiate a settlement that covers all of your damages and losses.

Also, if you’ve lost a loved one due to a car accident in Virginia, you may qualify for wrongful death damages. These can cover both economic concerns, like loss of income or paying for a funeral, as well as the deep sadness of losing that special person in your life.

See our wrongful death FAQs for more information, and reach out to the Smith Law Center directly at (757) 244-7000 to discuss your family’s needs.

What Should I Do After a Car Accident in Virginia?

Right after a crash, everything can feel like a blur. Your heart’s racing, and it’s hard to know what to do first. That’s completely normal — and you don’t have to have all the answers in that moment. Here’s what we recommend if you’ve just been in a car accident in Virginia:

  1. Check for Injuries and Get to Safety: First, make sure you and your passengers are okay. If anyone is hurt, call 911 right away. If you can safely move your vehicle out of traffic, do so.
  2. Call the Police: In Virginia, you’re required to report accidents that cause injury, death, or more than $1,500 in property damage. But even for smaller fender benders, having a police report helps protect you later. It’s an official record of what happened.
  3. Exchange Information: Swap names, phone numbers, insurance details, and license plate numbers with everyone involved. If there are witnesses, ask for their contact info too.
  4. Document Everything You Can: Take photos or videos of the vehicles, the scene, any skid marks, street signs, and even the weather. These details fade fast, but they can make a big difference in proving what really happened.
  5. Get Checked by a Doctor: Even if you feel fine, it’s smart to get a medical exam. Some injuries, like whiplash or concussions, don’t show up right away. Seeing a doctor creates a clear record that links your injuries to the crash.
  6. Don’t Admit Fault or Give Statements: Be polite, but don’t apologize or say anything that sounds like you’re accepting blame. Also, if an insurance adjuster asks for a recorded statement, it’s okay to say no until you’ve talked to a lawyer.
  7. Talk to a Virginia Car Accident Lawyer: Reach out to a legal team that handles car accidents every day. At Smith Law Center, we know how stressful this time can be. We’ll take everything off your shoulders, like the insurance companies and paperwork, so you can focus on healing and getting your life back on track.

Beware of Recorded Statements to Insurance Companies

When you’re in a car accident, it’s important to know that providing a recorded statement to the other driver’s insurance is one of the worst things you can do for your case. 

Doing so can seriously harm your claim because when the other insurance company asks for a recorded statement, they are trained to ask questions that benefit them, not you. Even innocent-sounding questions can still be used against you. 

For example, they may ask you how you’re feeling right after the accident. The exchange might sound something like this: 

Insurance Company: “Hi David, I’m Linda with Allstate Insurance, calling on a recorded line. How are you feeling today?”

David: “I’m fine, how are you?”

If you say, "I'm fine," their lawyers can use that statement in their case against you to argue later that you weren't seriously injured, even if you were in pain but didn't realize the full extent of your injuries at the time.

Insurance companies have protocols and strategies to minimize payouts. Let’s say that if you do respond that you’re in pain, the insurance company will likely avoid encouraging you to seek medical help because that could lead to medical records to support your claim.

If you don't see a doctor after you're injured, you won't have medical records from a Medical Doctor (MD) who can diagnose your injury. Nurses, firefighters, or police reports can't provide this type of diagnosis.

Remember, anything you say in a recorded statement can be used to undermine your claim for compensation. That’s why it’s recommended that you consult with an attorney first. 

Protect your rights and ensure you get the compensation you deserve. Contact The Smith Law Center online or call (757) 244-7000 to learn more about what steps you should take following a car accident.

Virginia Car Accident Statistics

According to the Virginia Department of Motor Vehicles (DMV), in 2024:

  • 129,244 total crashes were reported across the Commonwealth — that’s about one crash every 4.1 minutes.
  • 918 people lost their lives in traffic crashes, a 1.2% increase from 2023.
  • 64,086 people were injured, up slightly from the previous year.
  • Speed-related crashes rose to 25,705, accounting for a 1.7% increase from 2023.
  • Distracted driving played a role in 20,758 crashes, though this was thankfully a 3.6% decrease from last year.
  • Alcohol-related crashes still totaled 6,767 incidents.
  • Pedestrian and motorcycle crashes increased slightly — with 1,747 pedestrian crashes and 2,245 motorcycle crashes statewide.

On average in Virginia:

  • A traffic crash happens every 4 minutes.
  • 2.5 lives are lost each day due to crashes.
  • 175 people are injured every day on our roads.
  • About 1 in every 25 drivers will be involved in a crash each year.

Fatal Car Accident Statistics in Virginia

According to the Virginia Department of Motor Vehicles (DMV), 918 people were killed in traffic crashes in 2024, marking a 1.2% increase from 2023. While small, that rise represents real families forever changed by preventable crashes.

Here’s what the 2024 fatality data reveals:

  • Alcohol-related crashes claimed 318 lives, an 8.5% increase from 2023.
  • Speed-related crashes resulted in 410 deaths, down 8.7% from the previous year.
  • Unrestrained occupants, drivers or passengers not wearing seatbelts, accounted for 322 fatalities, a 3.9% decrease, but still one of the leading causes of preventable deaths.
  • Pedestrian fatalities added up to 126 in 2024.
  • Motorcycle crashes took 117 lives.
  • Bicycle fatalities rose sharply to 25, a 66.7% increase, reminding us how vulnerable cyclists remain on Virginia’s roads.
  • Teen drivers (ages 15–19) were involved in 38 fatal crashes, an 18.8% increase over 2023.

Virginia’s overall traffic death rate in 2024 was 1.05 deaths per 100 million vehicle miles traveled, a slight improvement from 1.09 in 2023, but still far too high.

Every one of these numbers represents a person — a parent, a child, a friend — whose life was cut short. At Smith Law Center, we help grieving families navigate the difficult process of filing a wrongful death claim with empathy, dedication, and a commitment to holding negligent drivers accountable.

From Setback to Justice: One Client’s Journey After a Life-Changing Accident

Meet Christopher Stoops from Hampton, Virginia, who faced life-altering injuries after a serious car accident. In this video, he shares how our team guided him through a long recovery, advocated fiercely on his behalf, and helped him secure the compensation he truly deserved. 

Watch to hear Christopher’s firsthand experience with our legal team in action: 

Examples of Settlements & Verdicts Our Virginia Car Accident Attorneys Have Won for Our Clients

You don’t just need a lawyer who knows your state’s car accident laws; you need a legal team with tangible, proven results. 

At The Smith Law Center, we offer exactly that. But don’t just take our word for it—see for yourself the compensation our clients received when they worked with us. The following is just a sample of some of the life-changing compensation we have recovered for our clients in the past: 

  • We secured a record $7.5 million verdict for a Hampton, VA, woman who suffered a brain injury because of a car accident. 
  • Our team successfully fought a company responsible for our client’s mild TBI caused by an auto wreck and won a $4,750,000.00 settlement.
  • The lawyers at our firm achieved a $4,100,000.00 verdict for our Hampton, VA, client who developed a TBI following a car crash. 
  • We helped the family of a woman killed in a traffic collision in Richmond, VA, receive a $1,760,000.00 settlement against the U.S. Postal Service.

What Kinds of Accidents Can a Virginia Car Crash Lawyer Help Me With?

No two crashes are the same, and neither are the cases that follow. At Smith Law Center, we handle every kind of car accident across Virginia, from minor fender benders to life-changing collisions. 

Here are some of the most common types of car accident cases our Virginia car accident attorneys handle:

  • Distracted Driving Accidents: Texting, eating, or even adjusting the radio can take a driver’s focus off the road for just a second, and that’s all it takes.
  • Drunk or Drug-Impaired Driving (DUI) Accidents: Impaired driving remains one of the leading causes of deadly crashes in Virginia.
  • Speeding & Reckless Driving Crashes: High-speed or aggressive driving increases both the risk and severity of an accident.
  • Rear-End Collisions: Often caused by tailgating or sudden stops, these crashes can lead to painful neck and back injuries like whiplash.
  • Head-On Collisions: Among the most dangerous accidents, these often cause catastrophic or fatal injuries.
  • T-Bone or Side-Impact Collisions: Common at intersections when a driver runs a light or fails to yield.
  • Sideswipe & Unsafe Lane Change Accidents: These happen when a driver drifts out of their lane, often on highways or in heavy traffic.
  • Rollover Accidents: Vehicles with a high center of gravity, like SUVs or trucks, are especially prone to rolling over during sharp turns or collisions.
  • Failure to Yield & Improper Turns: When drivers ignore right-of-way rules, they put everyone around them at risk.
  • Hit-and-Run Accidents: We help victims track down at-fault drivers or recover through uninsured motorist coverage.
  • Fatigued Driving Accidents: Drowsy driving can be as dangerous as driving drunk — reaction times slow, and focus fades.
  • Inclement Weather & Icy Road Accidents: When bad weather contributes to a crash, we examine how driver error or road maintenance may still play a role.
  • Dangerous Roadway Accidents: Poorly designed intersections, missing signs, or neglected roadways can make local governments partly liable.
  • Truck, Commercial Vehicle & Rideshare Accidents (Uber/Lyft): These cases often involve multiple insurance policies and complex liability issues.
  • Uninsured/Underinsured Motorist Claims: If the at-fault driver doesn’t have enough coverage, we’ll help you pursue compensation through your own policy.

What If a Ridesharing Car Is Involved in the Accident?

Rideshare services like Uber and Lyft have special insurance rules in Virginia, which make these crashes more complicated than a typical car accident. The amount of insurance coverage depends entirely on what the driver was doing at the exact moment of the crash.

Here’s how it breaks down:

  • When the driver is offline (app off): The rideshare app isn’t active, so the driver’s personal auto insurance applies. Coverage is limited to their standard personal policy limits.
  • When the driver has the app on but hasn’t accepted a ride request: The rideshare company’s liability policy becomes primary. Minimum coverage is $50,000 per person and $100,000 per accident (effective 2025).
  • When the driver is en route to pick up a passenger or has someone in the car: The rideshare company’s full commercial insurance policy applies. Coverage limit: $1,000,000 in liability insurance.

If you were injured by an Uber or Lyft driver, it’s critical to contact a  Virginia car accident lawyer right away. These cases often come down to proving the driver’s app status at the time of the crash, and rideshare insurance companies are known for fighting claims aggressively.

Our team knows how to gather the digital evidence, like trip logs, GPS data, and app screenshots, to prove which coverage applies and help you recover the maximum compensation available.

What Types of Injuries Does a Virginia Auto Accident Attorney Handle?

Here are the most common types of injuries that our Virginia auto accident attorneys regularly handle:

  • Traumatic brain injuries: These injuries can range from mild concussions to severe brain damage. They can occur when the head is struck or jolted during a car accident.
  • Spinal cord injuries: These injuries can be catastrophic and may result in partial or complete paralysis. They can occur when the spinal cord is damaged in a car accident.
  • Whiplash: This is a soft tissue injury that occurs when the head is jerked forward and then backward suddenly. It is a common injury in rear-end collisions.
  • Broken bones: Broken bones can occur in any type of car accident, especially in high-speed collisions or rollover accidents.
  • Internal injuries: These injuries may not be immediately apparent after a car accident, but they can be life-threatening. They include internal bleeding, organ damage, and other injuries that occur inside the body.

Listen to David Holt Discuss His Background

Cases 4 Causes Podcast | S2: Episode 4

A Virginia auto accident attorney can handle a wide range of injuries that result from car accidents, including bicycle collision accidents, and psychological injuries that can cause PTSD, anxiety, and depression.

Our attorneys will work with medical experts to fully understand how bad your injuries are and determine the long-term impact they may have on your life. This helps ensure you get the funds necessary for appropriate medical care going forward.

If you or someone you love has been hurt in a car accident, it can completely derail your life. You might be feeling hopeless, but you don’t have to do this alone. 

Let the lawyers at The Smith Law Center take the burden off your shoulders so you can look ahead to your healing. Contact us online or call (757) 244-7000 today to take the first steps toward getting the support and compensation you deserve.

What If I’m Partially at Fault for the Accident? Can a Virginia Car Crash Lawyer Still Help Me?

Virginia is not a no-fault state. Instead, it follows what’s called an “at-fault” system for car accidents. That means the driver who caused the crash is legally responsible for paying for the other person’s injuries and property damage.

If you were hurt in a wreck, you’ll typically file a claim with the at-fault driver’s insurance company, not your own. But here’s where things get tricky, and where having a lawyer really matters.

Virginia’s Harsh “Contributory Negligence” Rule

Virginia is one of only a handful of states that still follows a rule called contributory negligence. Under this law, if an insurance company or court decides you were even 1% at fault, you could be barred from receiving any compensation at all.

Even a tiny bit of blame can completely block your claim.

Insurance companies know this, and they use it to their advantage. Their goal is often to shift at least part of the blame onto you, even when the evidence says otherwise. They might argue you were driving slightly over the speed limit, weren’t paying full attention, or could have reacted faster, anything to reduce or deny your claim.

Our legal team knows the tactics insurers use to twist the facts, and we know how to fight back. We gather strong evidence, interview witnesses, and bring in experts when needed, all to protect your right to fair compensation.

Even if you’re worried you might share some of the blame, don’t assume you have no case. Talk to us first. We’ll help you understand your options and make sure the insurance company doesn’t take advantage of you.

What Does a Virginia Auto Accident Lawyer Do for Your Case?

An auto accident lawyer can provide a range of services to help you with your case, including working to:

  • Investigate the accident: A Virginia auto accident lawyer can investigate the accident to determine who was at fault. We can gather and save evidence such as police reports, witness statements, and photographs to build the strongest case possible.
  • Calculate how much you’re owed: Your attorney can help figure out how much you’ve been hurt, both physically and emotionally, or otherwise. This includes medical bills, lost wages, pain and suffering, and other expenses related to the accident. 
  • Negotiate with insurance companies: Insurance companies might try to pay you less money than you deserve for your claim. But your lawyer can talk to them for you to make sure you get the most money possible.
  • File and take a case to court: If negotiations with insurance companies fail, an auto accident lawyer can file a lawsuit on your behalf. Our team at the Smith Law Center can represent you in court and fight for your rights in front of a judge or jury.

One of the most valuable aspects of hiring an attorney is that we do all the talking with the other party so that you don’t have to. 

This can help reduce stress and anxiety for you while still making sure your rights and privacy are protected throughout the process. Every task we complete for your case is one less chore you deal with as you heal and return to enjoying your life.

“We’re always ready for trial. Sometimes to get it done, you have to fight harder. With an attorney, you have someone who knows how to stand up for you, negotiate with insurance companies, and make sure you get the money you’re owed.” 

- Attorney David Holt

A Lawyer Makes a Huge Difference for Your Claim

Hiring a lawyer is one of the most important steps you can take to improve your chances of getting the compensation you deserve. 

A 2016 study by Martindale-Nolo found that people who have a lawyer get 4.5 times more money than those who file a claim alone.

Also, the study showed that more than nine out of ten people with legal representation received a settlement or award. In contrast, only about half of those who handled their own claims were successful.

Bar chart showing the effect of a lawyer on compensation

And as shown above, hiring a lawyer can mean the difference between a decent settlement and a much larger reward that truly reflects the harm you’ve suffered. 

Five Reasons to Choose the Smith Law Center

At the Smith Law Center, we understand that there are many law firms to choose from, but we pride ourselves on being different. We don’t just simply represent our clients; we partner with them and always place their goals and priorities above all else.

When you choose the Smith Law Center, you are choosing a brighter and more financially secure future because: 

  1. We are one of Virginia’s largest and most successful law firms: Our law firm has a rich history of helping people in Virginia and beyond since 1949. Founded by Joseph Smith and carried on by his sons Stephen and Howard, our family-run firm has been dedicated to supporting victims of negligence for generations.
  1. If we don’t win, you don’t pay: Car accidents are expensive, with repairs and medical bills adding up quickly. We strongly believe you shouldn’t have to worry about legal fees on top of that. You only pay if we win your case, so you can recover without added stress.
  1. Over a billion dollars in settlements and verdicts: This impressive track record shows that we know how to handle cases to improve your chances of success. When partnering with us, you get peace of mind knowing you’re in capable hands.
  1. Record-setting success: We’ve made history with some of the largest verdicts in the region. This includes the biggest slip-and-fall case in Virginia, the largest verdict in South Carolina, and over $60 million for one brain injury survivor—the largest verdict worldwide for that type of case.
  1. Experienced team support: Our attorneys are backed by a diverse staff of 28 professionals, bringing over 300 years of combined experience to the Smith Law Center. This strong support ensures that you receive reliable assistance throughout your case.

If you’re ready to learn more about how we’d be a good fit for you, don’t hesitate to reach out. Contact us online or call us at (757) 244-7000 for a 100% free consultation, where you can get answers to any of your questions at no cost.

Contact an Experienced Virginia Car Accident Law Firm

A car accident can have serious consequences, and figuring out what to do next can be really stressful. However, with a Virginia car accident lawyer on your side, they will work hard to get you the money you deserve for your injuries and damages. This means less work for you and a far better chance of getting a maximized settlement.

Why Hire The Smith Law Center 

Our case results from over 75+ years of service show The Smith Law Center has a proven history of success on behalf of our clients, including a record-setting $7.5 million jury award to a woman who suffered from a brain injury during a car accident.

If you have been hurt in a car accident, don’t wait to get the help you need. Reach out to our experienced Virginia car accident lawyers at the Smith Law Center. 

You can get in touch with us online or by calling (757) 244-7000. Let’s talk about your situation to find the way to a brighter tomorrow together.

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FAQs

What should I do first after a car accident?

Your first step after any car accident should be to seek medical care. A healthcare professional can treat emergency injuries, and diagnose hidden or slow-onset symptoms like brain trauma. Seeing a doctor right away not only stops things from getting worse, but your medical records are really important evidence when you're trying to get the money you deserve.

Do I need to hire a lawyer for a car accident lawsuit in Virginia?

While you can technically represent yourself in a car accident lawsuit, it is highly recommended that you get legal advice from a skilled lawyer who knows about auto accidents. Attorney-represented cases have a 91% likelihood of success, compared to 51% when self-represented. The award amounts are also an average higher when an experienced lawyer handles the negotiations.

Will I have to go to court for a car accident lawsuit?

Not necessarily — it depends on the specifics of your case. Over 95% of personal injury car accident cases are settled out of court through negotiations with insurance companies. This usually means you receive the funds you need faster. However, if a settlement cannot be reached, a lawsuit may be necessary and could potentially go to trial.

How long do I have to file a car accident lawsuit in Virginia?

In Virginia, you generally have 2 years from the date of the accident to file a personal injury lawsuit based on the statute of limitations. After that, the timeline for a car accident lawsuit varies — some cases may settle quickly, while others may need to go to trial. While this may take longer, the award amounts available during trial are often far higher than negotiated settlements.

Your lawyer will work with you to achieve the best case resolution possible. Contact the Smith Law Center online or call (757) 244-7000 before time runs out to explore your legal options.

How long will my Virginia car accident case take to settle?

Every car accident case is different, so there’s no set timeline. Smaller cases with clear fault and minor injuries might settle within a few months, while more serious cases involving long-term recovery or disputed liability can take a year or longer. Your case can’t be fully valued until you’ve finished medical treatment, and we know the full extent of your injuries. Our goal is always to reach a fair settlement as quickly as possible—without letting the insurance company pressure you into accepting less than you deserve.

How often do personal injury cases go to trial?

Most personal injury cases, including car accidents, are resolved through settlements rather than going all the way to trial. Reaching an agreement outside of court can save time, expense, and uncertainty for everyone involved. However, if the insurance company refuses to offer a fair amount, a lawsuit may be necessary. At the Smith Law Center, we prepare every case as if it could go to trial, which often leads to stronger results during negotiations.

Auto Accident Verdicts & Settlements

Award to School Librarian for Mild Traumatic Brain Injury in Auto Wreck

Awarded:
$4,750,000.00
Summary:
HAMPTON, Virginia – Company pays $4,750,000.00 to school librarian for mild traumatic brain injury in auto wreck.
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Award of $1,000,000.00 to Woman For Closed Head Injury From Auto Collision

Awarded:
$1,000,000.00
Summary:
BREVARD COUNTY, Florida – Woman receives $1,000,000.00 for mild traumatic brain injury in collision.
see More
Lawyers at Smith Law Center

About Smith Law Center

Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.