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Filing a motor vehicle wrongful death lawsuit in Virginia

A legal action filed over the wrongful death of a loved one involved in a vehicle accident may provide some relief and help a family move forward. As noted on Virginia’s Legislative Information System website, the state’s laws require showing how another party’s negligence or wrongful actions caused a fatal accident. A variety of evidence could help prove an assertion of culpability.

The court generally reviews contents from an official accident report. It may show, for example, that an individual driving under the influence at the time of the collision may have had an arrest record. A jury may review video footage from a traffic or dashboard camera to verify the events that led up to the crash.

A pattern of driving offenses may help prove a wrongful action

According to a spokesperson from the Virginia State Police, troopers have seen a growing trend in fatalities from speeding between March and April of 2020. As reported by WAMU 88.5, speeding contributed to nearly 40% of the Old Dominion State’s fatal car accidents in the previous year.

The court may subpoena a motorist’s driving record to determine whether he or she has a history of speeding or recklessness. If using a mobile phone contributed to a driver’s distraction, the court could request to see its call and text logs.

Medical reports could help prove injuries and pain

The reports from a hospital where the deceased received treatment before passing away could help verify the catastrophic nature of the injuries. A compassionate jury may provide an award to help compensate for the pain and suffering the accident victim endured. The court may also take into consideration the grief experienced by surviving family members and the financial hardships incurred.