Car accidents can cause more than just physical injuries—they can leave you with mounting medical bills, lost income, property damage, and long-term emotional distress. If you suffered an injury in a crash caused by someone else’s negligence, you may be asking: Can I sue after a car accident? The short answer is yes—if someone else was at fault, you may have the right to file a lawsuit and pursue compensation for your losses.
The most effective way to sue after a motor vehicle crash is to hire a Northern Virginia car accident attorney to represent you. They can work for you to obtain the compensation you deserve. They can deal with the insurance company on your behalf.
Below is some general information about whether and when you can sue after a car accident.
When Can You Sue After a Car Accident?
You can sue after a car accident when:
- Another driver’s negligence caused or contributed to the crash
- You suffered physical injuries or significant financial losses
- The at-fault party or their insurance company refuses to pay fair compensation
Negligence is a legal term that means someone failed to exercise reasonable care, resulting in harm to another person. Common examples of negligence in car accident cases include:
- Speeding
- Distracted driving (texting, eating, etc.)
- Drunk or drug-impaired driving
- Running red lights or stop signs
- Failing to yield the right of way
- Driving while fatigued
If the other driver violated traffic laws or acted recklessly and you were hurt, you might sue for damages.
When you hire a car accident lawyer for your case, they will investigate the crash. They gather the evidence you need to prove liability when you file a car accident claim or lawsuit. It is difficult for you to investigate on your own, especially when you are dealing with physical injuries from the accident.
Do You Have to Sue, or Can You Settle Out of Court?
You can often resolve a car accident claim without filing a lawsuit. Most personal injury claims are settled through negotiations with the at-fault driver’s insurance company. However, if the insurer denies liability, offers an unfair settlement, or drags out the process, filing a lawsuit may be necessary to protect your rights and force a fair resolution.
Filing a lawsuit does not mean your case will go to trial. In fact, most lawsuits still settle before reaching a courtroom. But having a strong legal claim—and showing that you’re willing to go to court if needed—can often motivate the insurer to negotiate more fairly.
Most car accident cases will be resolved before they reach a jury. Both parties are often motivated to reach a settlement agreement because you both face risks from a jury trial.
Who Can You Sue After a Car Accident?
Most car accident lawsuits are filed against the at-fault driver. However, depending on the circumstances, other parties may share legal responsibility. These may include:
- Employers: If the at-fault driver was working at the time of the accident (e.g., a delivery driver or commercial trucker), their employer may be liable under the doctrine of vicarious liability.
- Vehicle owners: If someone let an unqualified or reckless person drive their car and an accident occurred, the owner might be held partially responsible.
- Manufacturers: If a defective vehicle part contributed to the crash (e.g., faulty brakes or airbags), the vehicle or parts manufacturer may be sued for product liability.
- Government entities: If poor road conditions, missing signage, or lack of maintenance contributed to the crash, a city or state agency can be held liable.
An experienced car accident attorney can investigate the accident and identify all responsible parties to maximize your potential recovery.
What If You Were Partially at Fault?
Even if you were partly responsible for the accident, you can still often sue. Your compensation might be reduced, but it is still critical for your future to seek the maximum financial recovery available. You should always explore the possibility of a case, even if others are partially blaming you.
This is why having a car accident attorney is so important—insurance companies will often try to shift blame onto you to reduce their financial liability. A skilled lawyer can counter these arguments with evidence and expert testimony. They will ensure you do not bear an unfair percentage of fault, if any.
You need to fight back when the insurance company is wrongfully trying to blame you for the accident. Otherwise, your ability to receive full financial compensation (or even any compensation) will be in jeopardy.
What Is the Time Limit for Filing a Lawsuit?
Every state has a statute of limitations, which is the legal deadline for filing a personal injury lawsuit. If you miss this deadline, you may lose your right to pursue compensation entirely, no matter how strong your case is. There are some exceptions—such as if the injured person is a minor or the at-fault party cannot be located—but it is always best to act quickly. However, you cannot count on an exception to apply because they are strictly construed by the court. You need to keep your eye on the clock to know when you must file a car accident lawsuit.
Why You Need a Car Accident Lawyer for Your Case
When you have been injured in a motor vehicle crash, you need the help of a car accident attorney as soon as possible. They can explain your legal rights and what you need to do to pursue full compensation for your car accident injuries.
A personal injury lawyer can deal with the insurance company on your behalf, putting the necessary legal pressure on them to fully pay you for your injuries. They can either negotiate a settlement on your behalf or take the case to court if you cannot reach an agreement with the insurance company.
It does not cost you anything out of your pocket to hire a car accident attorney since they work for you on a contingency basis. Contact a law firm near you for a free consultation.