Whenever I read about a crash involving fatalities, I always become saddened at the thought of whether the wreck could have been avoided. This morning, on Route 164 in Portsmouth, a single-car wreck at 3.09 a.m. resulted in one man losing his life and another being transported to a local hospital with life-threatening injuries.
The fatal accident closed down the westbound lanes of the Western Freeway for many hours while police investigated it, ABC13 reported. VA-164 west was closed at Cedar Lane as a result of the wreck, and remained closed into the morning as officers investigated the crash.
Attorney Bill O’Mara talks about the rights of passengers in car wrecks
Few details of the man who died have been released and it’s not yet clear if he was a driver or a passenger. As a personal injury attorney in Hampton Roads, I occasionally get asked about the rights of passengers in vehicles involved in accidents, especially single-vehicle accidents. Many times, passengers who are seriously injured do not seek legal assistance because they do not want to sue the friend or family member they may be riding with. This is the reason a driver of a vehicle carries insurance. It would be no different if you were a stranger.
You should not assume a driver would not want you to make a claim for your injuries and suffering if he or she is a friend or a family member. The driver will most likely want you to be compensated for the pain caused by his or her error. If you were to file a claim, his insurance premiums would not increase significantly solely for that reason. The accident will have already been added to his driving record.
Many times the claim of a passenger is actually easier in that there are typically no issues of contributory negligence – that is, your own negligence being a partial cause of your injuries. Virginia has strict contributory negligence laws which disallow someone who has been injured to recover if they are found to be even 1 percent at fault. Luckily, passengers often do not have to deal with this issue.
I wish a speedy recovery to the occupant of the vehicle facing life-threatening injuries from the wreck, and my deep condolences to the family of the man who tragically lost his life.
Single vehicle accidents are the most common kind in the United States.
Serious Injuries Reported in Hampton Boulevard Crash
I was saddened to read of another accident that occurred early Friday on Hampton Boulevard in Norfolk. Police say the crash involved one car, and happened around 3:25 a.m., close to the intersection of Hampton Boulevard and Bedford Avenue. The occupant of the car was seriously injured.
If you have been injured in an accident due to the fault of another person, please call Cooper Hurley Injury Lawyers at 757-455-0077 for a free, no obligation consultation. Whether a driver or passenger in a vehicle, we can advise you of your legal rights to make sure you get properly compensated for your injuries.