HAYES, VA - Rear-end collisions remain among the most frequently reported traffic accidents in Virginia, with the 2022 Virginia Traffic Crash Facts report documenting 23,359 passenger-vehicle drivers coded as "Following Too Close." Gloucester County rear-end collision attorneys Ken Gibson and John Singleton of GibsonSingleton Virginia Injury Attorneys (https://www.gibsonsingleton.com/virginia-car-accident-lawyers/rear-end-crash/) are providing guidance on how injured motorists can pursue compensation under Virginia law after being struck from behind.
According to Gloucester County rear-end collision attorneys Ken Gibson and John Singleton, Virginia Code § 46.2-816 prohibits drivers from following more closely than is reasonable and prudent based on speed, traffic, and highway conditions. The Virginia DMV recommends a 2-3-4 second following distance rule, advising motorists to maintain at least two seconds of distance at speeds under 35 mph, three seconds between 35 and 45 mph, and four seconds at speeds between 46 and 70 mph. "Tailgating is one of the most preventable causes of serious collisions, yet thousands of Virginia drivers continue to follow too closely every year," explains Gibson.
Gloucester County rear-end collision attorneys Ken Gibson and John Singleton emphasize that injuries sustained in these crashes are frequently more severe than motorists initially realize. Common injuries include whiplash, herniated discs, concussions, traumatic brain injuries, broken bones, and internal organ damage. Many of these conditions do not present symptoms for hours or even days after the collision, making prompt medical evaluation essential for both health and any subsequent legal claim.
Under Virginia law, the rear driver is generally presumed to be at fault in a rear-end collision because of the legal duty to maintain a safe following distance and control one's vehicle. However, Attorney Gibson notes that limited exceptions exist. The front driver may share responsibility if that driver reversed into traffic, stopped abruptly without legitimate reason, or had non-functioning brake lights. "Each rear-end collision case requires a thorough investigation of the specific circumstances," Gibson adds. "Fault is not always as straightforward as it may appear."
Virginia's contributory negligence doctrine presents a significant challenge for accident victims. Under Virginia Code § 8.01-34, if an injured party is found even partially at fault for the collision, that individual may be barred from recovering any compensation. Insurance companies are aware of this rule and frequently attempt to assign partial blame to the injured motorist. Attorney Singleton notes that experienced legal representation is critical to defending against these tactics and preserving the right to full recovery.
The firm represents rear-end collision victims seeking both economic and non-economic damages. Economic damages may include emergency medical treatment, hospitalization, surgery, physical therapy, prescription medications, lost wages, and future earning capacity. Non-economic damages address physical pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability. Virginia law also permits punitive damages in rare cases involving extremely reckless conduct, though these are capped at $350,000. "Individuals often underestimate the full scope of damages available to them," observes Singleton. "Medical expenses and lost income are only part of the picture when a rear-end collision causes lasting harm."
Virginia Code § 8.01-243 establishes a two-year statute of limitations for personal injury lawsuits, meaning injured motorists must file suit within two years of the accident date or forfeit the right to pursue legal action. Evidence can deteriorate, witnesses may become unavailable, and accident scene conditions change over time, making early consultation with legal counsel advisable.
"Insurance companies are for-profit businesses, and their adjusters are trained to minimize payouts," Singleton points out. "Early settlement offers are almost always far below the actual value of a claim, and recorded statements can be used to undermine an injured person's case." The team at GibsonSingleton Virginia Injury Attorneys draws on Singleton's prior experience working for an insurance defense firm to counter these strategies on behalf of clients.
GibsonSingleton Virginia Injury Attorneys serves clients throughout the Middle Peninsula and Hampton Roads region, including Gloucester County, Mathews County, Middlesex County, York County, James City County, Hampton, Newport News, and Williamsburg. The firm's office is located on Route 17 at 4073 George Washington Memorial Highway in Hayes. For those injured in a rear-end collision in Eastern Virginia, consulting with an experienced attorney may help protect legal rights and ensure fair compensation is pursued.
About GibsonSingleton Virginia Injury Attorneys:
GibsonSingleton Virginia Injury Attorneys is a Hayes, Virginia-based law firm dedicated to representing individuals injured in car accidents and other personal injury matters throughout the Middle Peninsula and Eastern Virginia. Led by attorneys Ken Gibson and John Singleton, both former U.S. Marines, the firm offers a Zero Fee Guarantee, meaning clients pay nothing unless compensation is recovered. For consultations, call (804) 413-6777.
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Company Name: GibsonSingleton Virginia Injury Attorneys
Contact Person: Michelle Cain
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Phone: (804) 413-6777
Address:4073 George Washington Memorial Hwy
City: Hayes
State: Virginia 23072
Country: United States
Website: https://www.gibsonsingleton.com/
