Hampton Roads Motor Vehicle Accident Lawyer

Local Representation Across Hampton Roads

From our offices in Hampton and Smithfield, we help injured people and their families throughout Hampton Roads and across Virginia. Our regional practice includes the communities listed below.

Our co-founder Maxie Lawton is a personal injury attorney and former Army Ranger who served in the U.S. Army Special Operations community. His own recovery from a traumatic brain injury informs his understanding of how an injury can change your work, independence, and family life. Maxie co-founded Phoenix with attorney Dante Wright and brings disciplined preparation, direct communication, and personal attention to injury representation.

• Chesapeake
• Hampton
• Newport News
• Norfolk
• Portsmouth
• Suffolk
• Virginia Beach

We take time to understand what has changed since your collision. Medical records help explain your treatment and recovery; wage records and work restrictions help show the effect on your income. We also discuss the day-to-day limitations that a medical bill may not capture. Call 757-777-9285 or contact us to talk about your injuries and the questions you need answered.

Motor Vehicle Accident Cases We Handle

We represent people injured in the collisions below and help families evaluate claims after a fatal crash. Whether you were driving, riding as a passenger, or struck by a vehicle, we examine how the collision happened and how it affected you.

• Rear-end and intersection collisions
• Highway and multi-vehicle crashes
• Commercial trucks, delivery vehicles, and company vehicles
• Rideshare collisions
• Pedestrians and bicyclists struck by vehicles
• Uninsured and underinsured motorist claims
• Serious and catastrophic injuries caused by collisions

A crash may involve more than one driver, an employer, or several insurance policies. We investigate who may be responsible, how the collision caused your injuries, and what coverage may be available. We explain disputes about fault, treatment, and compensation so you can make informed decisions. Recovery depends on the facts, supporting evidence, and available coverage; no outcome is guaranteed.

What to Do After a Motor Vehicle Accident

Virginia Code § 46.2-894 addresses stopping, reporting identifying information, and rendering reasonable assistance after a collision involving injury, death, or damage to attended property. Virginia Code § 46.2-888 addresses emergency flashers and removal of a movable vehicle from the roadway when the driver can do so safely and no injury or death resulted. The Virginia State Corporation Commission Auto Insurance Consumer Guide provides additional general accident and insurance guidance.

1. Stop safely and call for help. Turn on your hazard lights. If the vehicle is movable, no one was injured or killed, and it can be done safely, move it out of the travel lanes. Call 911 if anyone may be injured or the scene presents a danger.
2. Exchange and record information. Obtain the other drivers’ names, contact information, driver’s-license numbers, license-plate and registration information, and insurance details.
3. Document the scene. If it is safe, photograph or record the vehicles, damage, roadway, traffic signals, signs, debris, weather conditions, and visible injuries.
4. Identify witnesses. Collect names and contact information from anyone who saw the collision. Do not assume that every witness will appear in the police report.
5. Get appropriate medical care. Rely on qualified health professionals for diagnosis and treatment, and keep the records they provide. Tell us about your care and any restrictions affecting your work or daily activities.
6. Preserve relevant records. Keep the crash-report number, photographs, towing and repair documents, medical bills, proof of missed work, receipts, and correspondence from insurance companies.
7. Review insurance requests carefully. Notify your own agent or company as soon as possible, complete claim forms accurately and completely, and keep copies, as the SCC guide advises. If you are uncertain about a statement, authorization, or release, we can review the request and relevant policy with you.

Should You Give an Insurance Company a Recorded Statement?

Before you decide how to respond, we need to know which insurer is asking, your relationship to the policy, and what the request involves. Your own insurer’s requirements may differ from those of another driver’s insurer. The policy language and the circumstances of your claim matter.

The Virginia State Corporation Commission Auto Insurance Consumer Guide provides general guidance for policyholders. Whether you must provide a particular recorded statement requires a review of the policy and the request.

Identify the caller, insurer, and claim number. Ask whether the conversation will be recorded and what information is requested, and keep any written request. Give accurate information, distinguish what you remember from what you are estimating, and avoid guessing.

Fault disputes can affect your right to recover, so the details you provide matter. We consider the collision evidence and Virginia’s Model Jury Instructions—Civil when addressing allegations that you contributed to the crash. We explain the contributory-negligence issue below.

If you are unsure about a recorded statement, medical authorization, or release, bring the request to us. We can review it with the relevant policy and explain what it may mean for your injury claim before you respond.

How Liability Is Evaluated in a Virginia Motor Vehicle Claim

When responsibility is disputed, we look for evidence showing what each driver did and how those actions caused the collision and your injuries. The current Virginia Model Jury Instructions—Civil state that a plaintiff generally bears the burden of proving the defendant was negligent and that the negligence was a proximate cause of the accident and damages. The fact that an accident occurred does not, by itself, prove negligence.

If the defendant argues that you were also negligent, the model instructions place the burden on the defendant to prove your negligence and that it was a proximate cause of your injury. Contributory negligence can bar recovery, subject to applicable exceptions. We review the evidence behind a fault allegation and explain how the law applies to your circumstances; the instructions used in court depend on the facts and legal issues in your case.

Depending on the collision, our investigation may include:

• Photographs and videos from the scene
• Traffic-camera, surveillance, or dashboard-camera footage
• Witness statements and 911 or dispatch records
• Vehicle damage, inspections, repair records, and electronic vehicle data
• Police reports and any related traffic charges
• Cellphone, employment, driving-log, or commercial-vehicle records when relevant
• Medical records and expert analysis connecting the collision to the claimed injuries

A police report or citation is one part of the investigation. We examine it alongside witness accounts, recordings, vehicle information, and medical evidence instead of assuming any single record resolves responsibility. What evidence can be used in court, and how much weight it carries, depends on the issues in your case. Contact us promptly so we can assess what needs to be preserved and review the deadlines that apply to your claim.

What Damages May Be Available After a Virginia Motor Vehicle Accident?

Your claim should account for the ways an injury has affected your health, work, and daily life. We review your records and circumstances to identify the losses supported by the evidence. Virginia’s current Model Jury Instructions—Civil list categories a fact-finder may consider when supported by the greater weight of the evidence and caused by the defendant’s negligence:

• Medical expenses already incurred and reasonably expected future medical care
• Lost wages and other income missed because of the injuries
• Reduced future earning capacity when an injury affects the ability to work
• Physical pain, mental anguish, and inconvenience
• Permanent injury, impairment, scarring, or disfigurement

We connect each claimed loss to the collision through medical documentation, income records, and other supporting evidence. The model instructions require you to prove each claimed item and its cause by the greater weight of the evidence. An exact amount is not required, but the evidence must allow a reasonable estimate. We discuss which categories may apply to you and what documentation is still needed.

Punitive damages are different from compensatory damages and are not part of an ordinary negligence award. Virginia Code § 8.01-44.5 provides standards for punitive damages in personal-injury or death actions arising from operation of a motor vehicle, including specified intoxicated-driving circumstances. Virginia Code § 8.01-38.1 limits the total punitive-damages award against all liable defendants to $350,000. We evaluate whether the evidence in your case meets those standards; punitive damages are not available in every injury claim.

We also review potentially available insurance coverage, including the declarations, policy terms, endorsements, and the people involved. The Virginia SCC Auto Insurance Consumer Guide explains common coverage categories. Coverage and limits depend on the policies, the facts, and Virginia law; we evaluate those details before advising you about potential sources of payment.

Talk With a Hampton Roads Motor Vehicle Accident Attorney

Tell us what happened and how your injuries have changed your life. Our attorneys can discuss the evidence you already have, the information your claim still needs, and your questions about treatment records, missed work, or insurance requests. We prepare carefully for settlement negotiations and evaluate litigation when appropriate for your circumstances and goals. Past results do not guarantee a similar outcome.

Call 757-777-9285 or use our contact page for a free personal injury consultation. This page provides general information, not advice about your specific case. Contacting us does not mean we have accepted your matter or created an attorney-client relationship. Please wait until we confirm how to provide confidential or time-sensitive information before sending it.