Accidents on the road can happen to anyone at any time. Sometimes, it's a minor fender bender that only results in a few scratches, but it can also be a catastrophic event that leaves drivers and passengers seriously injured or even dead. When an accident occurs, it's essential to determine who is liable for the damages. But who should be held accountable for the costs related to the accident? Is it always the driver or can other parties be held responsible? In this blog, we'll discuss who is liable in an automobile accident in Virginia. 1. Driver Liability In most situations, the driver is the one responsible for the damages resulting from the accident. Virginia law requires drivers to carry liability insurance that covers the damages caused by an accident that is entirely or partially their fault. This insurance is meant to cover property damage, medical bills, and lost wages resulting from the accident. Drivers can also be sued directly if the insurance coverage does not cover the full extent of the damages. 2. Owner Liability Vehicle owners can be held responsible for the damages resulting from an accident even when they were not present at the time of the accident. Suppose the owner gave permission to someone else to drive their vehicle, and that driver causes an accident. In that case, the owner can be held responsible for the damages resulting from the accident. Virginia law requires vehicle owners to carry liability insurance in the same way as drivers. 3. Employer Liability If the driver who caused the accident was operating a vehicle as part of their job, their employer could be held responsible for the damages resulting from the accident under the principle of respondeat superior. Employers can be held liable for the negligent actions of their employees if the employee was acting within the scope of their employment at the time of the accident. 4. Government Liability Finally, it's possible for the government, including state or local authorities, to be held liable for damages resulting from an automobile accident. In situations where the government was responsible for maintaining the roadway or traffic signal that caused the accident, the government could be held responsible. This type of lawsuit would generally fall under the umbrella of the "torts claims act", and this should work for you. 5. Shared Liability While most accidents can be attributed to one party being wholly or partially at fault, there are cases in which both parties share the blame. In these situations, Virginia follows the principle of contributory negligence, in which a party who contributed to the accident in any way cannot recover damages, regardless of the extent of the other party's fault. Determining who is liable for damages resulting from an automobile accident can be a complex task. Drivers, vehicle owners, and employers can all be held responsible under certain circumstances for the damages resulting from an accident. In some cases, the government may also bear some liability. Understanding these different possibilities is essential for anyone involved in a car accident in Virginia. If you find yourself in such a situation, like getting legal assistance and also understanding your liability as it pertains to the accident can help you make informed decisions throughout the process.

What Drivers Should Know About Single-Car Accident Liability A single-car accident involves one vehicle. The car could hit a stationary object, such as a tree or a concrete barrier at the side of the road. The driver may also leave the pavement after losing control and end up in a ditch or become stuck. Single-car accidents can also involve rollovers or other loss of control incidents. Most people assume that because there is only one vehicle involved in this type of incident, the driver is always liable. Though reckless, impaired, or inattentive driving may be to blame, it is not always the case. Other factors could be partially or fully to blame for the mishap. The question of liability in a single-car accident can be important if there is property damage, for vehicle insurance payouts, or medical costs. Here is what to consider if you have been involved in a single-vehicle accident. Why Is Liability Important in a Single-Car Accident?  Insurance laws vary by state. Some states require you to have liability insurance to cover any damage that you cause while driving. In others, you may have to pay for any damage you cause out of pocket if you do not have coverage. Furthermore, depending on the factors involved in the accident, you may be liable for traffic tickets, fines, or charges for reckless driving or driving under the influence of drugs or alcohol. If you face such charges after a single-vehicle accident, you need to enlist the help of an attorney. You may also need professional legal help if you are injured, or your vehicle is damaged, and you are seeking to establish liability for insurance purposes. Even if your insurance covers the damages of a single-car accident, if you are found liable, your premiums could rise. This means you will need to pay more for the same coverage each month. Factors Affecting Liability in a Single-Car Accident You shouldn't assume that you are liable for a single-car accident, even if the incident involved you losing control of the vehicle. Here are some examples of factors that can affect liability. Weather Snow and ice can cause a loss of control, as can wet roads, fog, and high winds. Even sunlight shining directly in your eyes at a low angle can cause vision problems that could lead to a loss of control of the vehicle. While it is still up to the driver to observe safe driving practices and lower speed in poor weather, in some cases, the accident is beyond the driver's control. Animals You may need to swerve to miss an animal that is crossing the highway, or you might make contact with a large creature, such as a deer, and damage your vehicle. If you can establish that you were driving reasonably for the conditions, such an incident may be unavoidable in the eyes of an insurance company. Vehicle Defects A loss of control may be due to a malfunction in vehicle either because of defect from the manufacturer or an improper repair job. These flaws may be more common than you think. For example, a recent airbag recall affecting 42 million vehicles is associated with at least 400 injuries. Road Flaws Issues with the road, such as potholes, malfunctioning traffic signals, or improper drainage, can also cause single-car accidents. In some cases, the liability may fall on the agency responsible for caring for the roads. In incidents like this, it is essential to document the damage as soon as it is safely possible to do so. If you hire a lawyer, they can help collect such evidence. Unmarked Hazards Items that have fallen off other vehicles could cause a single-car accident. This could include cargo from a truck, parts from an improperly maintained car, rubber from a blown-out tire, and glass or metal from a previous accident. Snow, ice, or water from other vehicles can also cause vision problems or require you to perform an aggressive maneuver to avoid an accident. The details of accidents involving these factors are very important. Liability may depend on whether or not you were driving responsibly for the given conditions at the time of the accident. Steps After a Single-Car Accident Law enforcement officers and insurers may start off with the assumption that you are at fault in a single-car accident. They will check for reckless driving, drugs or alcohol, and distractions, such as a cell phone. At the same time, you will want a record of the incident, so you should call the police even if you are not injured. In many states, you are required to notify law enforcement if you have been in an accident, especially if there has been property damage. A police report will document the conditions, location, and damage. They will also record property damage, which can be important if the property owner seeks compensation. A good lawyer will help you record all the details of the incident. They will define what you were doing and how you were driving before the accident. They can also get statements from witnesses and collect other evidence, such as pictures of defects in the road. You should not repair your vehicle until it gets inspected. In addition to looking for potential vehicle defects, an expert can use the damage as evidence of what happened during the accident. This evidence can help establish liability, protect you from charges of reckless or inattentive driving, and introduce factors that law enforcement and insurance investigators might have missed. How to Ensure Your Rights After a Single-Car Accident People in single-car accidents have the same rights as victims of multiple-car incidents. An experienced accident and personal injury lawyer can help you establish the causes and factors involved in your accident. They can advise you about issues related to liability and ensure you get the insurance coverage provided by your policy. Liability laws, accident reporting requirements, and insurance rules vary from state to state, so getting a lawyer with local knowledge is essential to getting a successful resolution to your case.

Why Should I Have A Will? There comes a time in every person’s life when they need to get serious about their estate plan. Writing a will is fundamental to ensuring your wishes are carried out after you die, whether they relate to the distribution of your property and assets or the care of your minor children. Regardless of your age, medical history, and marital status, a will offers peace of mind and could save your loved ones from undue stress and expense. Let’s explore wills, what they are, and why they matter in more detail. What is a will? A will is a legal document that outlines what you wish to happen to your assets and young children following your death. If you do not have a will, there is no guarantee that these wishes will come to fruition. What’s more, your nearest and dearest may be burdened by the emotional and financial toll that comes with settling your affairs. Wills are not all created equally, and some are more widely recognized and legally binding than others. Who needs a will? The short answer: every single person needs a will. It doesn’t matter if you don’t own property or investments; a will is still a vital legal document that benefits you and your family. If you are older, unwell, married, a parent, a property owner, or a business owner, writing a will is even more important. It’s also essential to re-visit your will if your life circumstances change – if you have a child, inherit a property, or divorce your spouse, for example. Why should I have a will? Wills are not just for the wealthy or individuals with high-value assets. Everyone should have a will, including you. Here are some of the reasons why: You can decide who your assets are passed on to and how they are divided. You get peace of mind knowing your most valuable assets won’t end up in the wrong hands – an ex-partner you have separated from or an estranged family member, for example. You can choose who will care for your minor children. If you do not have a will, this decision will be left to the court. You protect your heirs from the lengthy and potentially complicated process of securing access to and transferring your assets. You can minimize estate tax through strategic estate planning. For example, you might donate to a charity. Which type of will is best? The best type of will is what’s known as a testamentary will. This is a written will and the most common type. You can create a testamentary will yourself; however, to ensure your wishes are carried out, have it prepared by an experienced estate planning attorney. Keep in mind, your will must be signed in the presence of witnesses. Other types of wills include holographic wills, oral wills, pour-over wills, and mutual wills. What can I include in my will? Your will should include how you wish your belongings to be distributed. This includes things like the property you own, cash in your bank account, businesses, investments, and other higher-value or sentimental possessions. A will can also include any charities, institutions, or organizations you would like to direct all or a portion of your assets toward. Finally, a will should detail who you'd like to become the guardian of your young children if you die. It’s worth noting that some of your assets are not covered by the instructions in your will. For example, you cannot nominate beneficiaries for your life insurance policy payout. Nor can you specify the distribution of investment accounts that have already assigned the ‘transfer on death’ option. What happens to jointly owned property? If you own property jointly with your spouse, you likely have a right of survivorship. This means that if one spouse passes away, the other receives full ownership of the property. The right of survivorship can also apply to joint ownership involving unrelated individuals. If your spouse will obtain everything after you die without a probate proceeding, do you really need a will? Yes. You absolutely do, and here are three reasons why: Suppose you and your spouse die simultaneously. Without a will, your property may end up with someone other than your desired heir. While you might own your home jointly with your spouse, your other valuable possessions might be yours and yours alone. Even if you share everything with your partner, there is still the possibility of an unexpected windfall before your death. If you hold all of your property in joint tenancy, you may not be able to take full advantage of tax-saving estate planning strategies. What happens if I die without a will? If you die without a will (called intestate), the state will typically use a formula to determine the distribution of your assets. In most cases, half of your estate will go to your spouse or partner, and the other half will go to your children. However, time- and energy-consuming complications can arise. For example, the state may mandate the sale of your family home or assets to ensure even distribution. Or, if your children are minors, representatives nominated by the state will protect their interests. Dying without a will can result in higher taxes, too. The bottom line: You need a will To ensure the best possible scenario plays out after your death, you need a will. A will not only protects your property and assets, but it alleviates any burdens on your family members. The good news is, preparing a will that clearly outlines your estate planning wishes doesn’t have to be difficult or stressful. With the help of a trusted and experienced estate planning attorney, you can safeguard your belongings and protect those nearest and dearest to you. Even better, in some cases, you can leverage estate planning approaches to save money. If you would like help preparing your will, reach out to the friendly team at  Casey Legal, P.C.  today. We would be more than happy to help or to answer any questions

So, you’ve received a foreclosure notice. Should you file for bankruptcy? Will a bankruptcy proceeding help you hang onto your home? If you are successfully discharged from your mortgage debt, will you still have to make payments in the future? Bankruptcy is serious business and has many significant repercussions that can impact your life in the short and long term. In some cases, filing for bankruptcy can help you prevent foreclosure – sometimes permanently, so long as you make your payments, and sometimes temporarily. There is no one-size-fits-all solution. How bankruptcy will impact your impending foreclosure will depend on several factors, such as the type of bankruptcy you file for and how much equity you have in your home. In this article, we’ll explore the relationship between bankruptcy and foreclosures. If you have any questions about your individual situation or bankruptcy and foreclosure more broadly, please contact our friendly team. We’d be happy to walk you through your options and guide you toward your desired outcome. What is an Automatic Stay? An automatic stay is a provision under United States bankruptcy law that enables a bankruptcy filing to prevent foreclosure for a period of time. It stops creditors, government departments, and collection agencies from pursuing owed funds from debtors that have filed for bankruptcy. In practice, if you file for bankruptcy before your lender begins or finishes a foreclosure, an automatic stay will postpone your foreclosure. Your stay applies from the day you file for bankruptcy and ends after court proceedings. If you do not pay your mortgage or are behind on payments, your lender may file a motion that allows them to execute a foreclosure during your bankruptcy proceedings. If the court grants your lender’s motion, they are permitted to continue with your foreclosure. Bankruptcy Discharges and Mortgage Debts For many, a discharge from debt is the goal of filing for bankruptcy. If you are granted discharge from a debt, you are no longer personally liable for that debt. In some cases, you can pursue a discharge from your mortgage debt. Individuals can file for bankruptcy in one of two ways – Chapter 7 bankruptcy and Chapter 13 bankruptcy . A trusted attorney can advise on the best path forward for your personal situation. The pathway you take will affect your potential mortgage debt discharge. If you file for Chapter 7 bankruptcy, your discharge is typically granted after the creditor – in the case of your mortgage, your lender – has sufficient time to either object to the discharge or file a motion to dismiss it. This process can take several months. If you file for Chapter 13 bankruptcy, your discharge will be given following the completion of your payment plan. This process can take three to five years, if not more. If your mortgage debt is discharged under a Chapter 7 or Chapter 13 bankruptcy, you cannot be held personally liable for your mortgage debt. However, that does not mean you are permanently protected against foreclosure. The Mortgage Lien and Foreclosure Let’s say you file for bankruptcy and are discharged from your mortgage debt. You cannot be held personally liable for that debt, but the lender may still have a right to foreclose your property. It seems contradictory, so let’s take a closer look at the mortgage lien and how that impacts foreclosures following a successful bankruptcy proceeding. In most cases, when you take out a mortgage, you are committing to two legal obligations: A promissory note is a personal promise you make to your lender to pay back the borrowed funds. A mortgage, also known as a deed or trust, establishes what’s known as a lien on the property. A lien is your lender’s legal right to your property if you default on your payments. If you have a mortgage, you have a lien. You are relieved of your personal promise to repay the lender when you are discharged from a mortgage debt via a bankruptcy filing. The lien remains active. This enables your lender to foreclose on your property following the automatic stay, or if you have defaulted on your payments, after your bankruptcy proceedings are completed. Will Chapter 7 Bankruptcy Prevent Foreclosure? In a Chapter 7 bankruptcy, a bankruptcy trustee is nominated to liquidate your assets. The proceeds are used to pay off your debt. When all proceeds are exhausted, the leftover debt is discharged. In most cases, a Chapter 7 bankruptcy cannot prevent foreclosure altogether. But it can delay it temporarily. Here are several scenarios to consider: If you are up-to-date with your mortgage payments and have very little equity in your property, you can likely avoid foreclosure and keep your home. If your home holds significant equity, your creditors may have to sell your property to repay your debt, in which case filing for bankruptcy won’t prevent foreclosure, just delay it. You will likely be subject to foreclosure if you are behind on your payments – even if creditors do not sell your home. Will Chapter 13 Bankruptcy Prevent Foreclosure? If you file for Chapter 13 bankruptcy, you will be obligated to pay part or all your debt through a repayment plan (generally over three to five years, depending on the amount of debt owed and your income). If granted, these repayments can include money owed on your mortgage. So, if you are behind on your mortgage payments and want to keep your home, Chapter 13 bankruptcy may help you reach your goals. Always Seek Professional Legal Counsel Navigating bankruptcy, foreclosure, and the intersection between the two is no easy task, so don’t go it alone. To ensure you have the best chance of achieving your desired outcome, enlist the help of a professional bankruptcy attorney. At Casey Legal , we stand by our clients’ sides every step of the way, leveraging our deep experience, passion, and empathy to mitigate risk, minimize damage, and protect their interests. If you would like to discuss your personal circumstances, please don’t hesitate to reach out today. We are here to help.