Yes, you can sue someone for a car accident if they were responsible for causing it and you suffered injuries or losses as a result. Lawsuits are a legal option when the at-fault party’s insurance doesn’t fully compensate you or refuses to accept responsibility at all.
If you’re going through pain, bills, and uncertainty after a crash, speaking with a Washington, DC, car accident lawyer can help you understand if filing a lawsuit is the right path forward.
This decision can feel overwhelming, especially when you’re also trying to heal. But understanding who gets sued in a car accident, and how the process works, puts you back in control.
When Can You Sue After a Car Crash?
As Washington, DC, personal injury lawyers, we’re often asked whether an accident victim truly needs to file a lawsuit. In many cases, the answer depends on how the insurance process plays out. If the other driver’s insurance company accepts full responsibility and offers a fair settlement, a lawsuit may not be necessary.
But that isn’t always what happens. You may need to file a personal injury lawsuit if:
- The other driver denies fault or blames you for the crash
- You suffer serious injuries that lead to medical bills, time off work, or lasting pain
- The insurance company gives you a low-ball settlement or delays your claim
- Multiple vehicles or unclear circumstances make liability hard to determine
In other words, suing someone for a car accident is usually a last resort, but it’s a powerful one when negotiations break down.
Who Can Be Held Legally Responsible After a Crash?
One of the most common concerns after a serious collision is who to sue in a car accident. If another driver caused the crash, that individual can usually be sued directly. But depending on the circumstances, other parties may share legal responsibility.
For example, you may sue:
- The at-fault driver, if they acted carelessly or violated traffic laws
- The driver’s employer, if the crash happened while they were on the job (such as a delivery or commercial driver)
- A vehicle owner, if they knowingly let someone unfit drive their car
- A government entity, if road defects, poor signage, or dangerous construction zones played a role
It’s important to understand that filing a lawsuit doesn’t always mean going after a person’s personal bank account. In most cases, the person who gets sued in a car accident is defended by their insurance company, which is ultimately responsible for paying damages.
Still, filing suit sends a clear message: someone caused harm, and they need to be held accountable. Lawsuits are often the most effective path to securing full and fair compensation, especially when injuries are serious or the insurance company refuses to do the right thing.
What Virginia and DC Laws Say About Lawsuits
Understanding the legal landscape helps you make an informed decision. In Washington, DC, and Virginia, car accident lawsuits are shaped by strict rules about fault and timing.
One key rule in Virginia is pure contributory negligence. Under Virginia Code § 8.01-58, if you are found to be even 1% at fault for the crash, you may be barred from recovering any damages. This is one of the most unforgiving legal standards in the country. It makes building a strong, well-documented case essential.
In Washington DC, the law is the same but with a slightly more flexible approach for cyclists and pedestrians, known as vulnerable users. Where a vulnerable user is no more than 50% responsible, they are not barred from recovery against the at-fault driver.
What Damages Can You Recover?
If you file a lawsuit and win, the court or a jury will award damages to help compensate for what you’ve lost. That can include medical bills, follow-up treatment, prescriptions, and physical therapy. You may also be able to recover lost income if the crash kept you out of work, as well as the cost to repair or replace your vehicle.
Emotional harm matters too. Pain, stress, and the overall impact on your quality of life are all part of what the law allows you to seek. If your injuries will require ongoing care, those future costs can also be included in your case.
At Kitchel Injury Law, we don’t take a one-size-fits-all approach to these claims. We look at the full picture of how the accident has affected your life, your family, and your ability to move forward. Then we build a case that reflects the real weight of what you’ve been through.
How a Personal Injury Lawyer Helps You Take the Next Step
Deciding whether to sue someone after a crash can feel overwhelming, but it’s usually not necessary. You might be dealing with pain, a packed schedule of medical appointments, and the stress of figuring out what to do next. It’s a lot to carry, and it’s completely normal to feel unsure about where to begin.
At Kitchel Injury Law, we start by listening. We want to understand what you’re going through, then help you sort through your options in a way that feels clear and manageable. From gathering evidence to dealing with insurance companies and preparing your case for trial if needed, we handle the details so you can focus on getting better. You don’t pay us unless we recover compensation for you.
We also understand that comfort matters, especially in times like this. Whether you’d rather talk over Zoom or meet somewhere that feels familiar and safe, we’re flexible. Our goal is to support you in the way that works best for your life.
Start With a Free Consultation
If you’re wondering whether you can sue someone for a car accident, chances are you’re already facing too much. Let us take that burden off your shoulders. With 28 years of combined experience and a commitment to personal attention, Kitchel Injury Law helps injured people in Washington, DC, and Virginia find real answers and real support.
Contact us today for a free consultation. We’ll help you understand your rights, explore your options, and take the next step forward with confidence.