What if the defendant was negligent, but I was also contributorily negligent?
Contributory negligence is only followed in four states. It is extremely unfair to plaintiffs.
My teenage son was recently in a car accident in Chesapeake, Virginia and I was wondering, what are the basic rules of the road in Virginia for the driver who caused the accident?
The law in Virginia, written in the Virginia Model Jury Instructions book states, “The driver of the vehicle has a duty to use ordinary care:
1. To keep a proper lookout
2. To keep his vehicle under proper control
3. To operate his vehicle at a reasonable speed under the existing conditions”
The jury instructions are the law as would be given by a Virginia judge to a jury in a Virginia personal injury lawsuit. The driver of the vehicle has a duty to keep proper lookout when driving. He/she needs to see what there is to be seen. Every driver must keep their vehicle under control meaning they are not supposed to hit other cars. The third basic rule is to drive at a proper speed given traffic, the weather and other conditions.
Our new clients in car accident cases often asked, “Can I accept a check which has been offered to me for my car repairs or will that mess up my claim for injuries and medical bills?”
Yes, as long as the check is for property damage only you can accept that check for your car’s value if totaled in the accident, or in the amount necessary to fix your car, without it being a release of your separate claim for injuries, lost wages, and other damages to your person from the wreck. In fact this is how it’s supposed to occur. If you are involved in a car wreck and have injuries two separate cases arise, one for the property damage which includes getting your car fixed or getting the fair market value of the vehicle and the other is for any damages to your person meaning injuries, medical expenses, lost work earnings, and pain and suffering related to your injuries. It is important to get your property damage straightened out as soon as possible so that you can get back on the road and that will not negatively affect your separate injury case.
About the editors: The motto at Shapiro, Washburn & Sharp& Duffan law firm is simple -“All we do is injury law.” We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you’d like to speak to an actual attorney about your potential injury claim for free, please contact our office at (833) 997-1774.
Can a pedestrian hit by a motorist obtain medical expense benefits from their auto insurance policy?
This FAQ addresses the ability of injured pedestrians to obtain med pay benefits.
My husband was driving down the interstate in Hampton, Virginia, when another car hit him as the car attempted to switch lanes. That is the other drivers fault right?
The Virginia Model Jury Instructions state, “The duty to keep a proper lookout requires a driver to use ordinary care to look in all directions for vehicles that would affect his driving, to see what a reasonable person would have seen, and to react as a reasonable person would have acted to avoid a collision under the circumstances.”
The jury instructions are the law as would be given by a Virginia judge to a jury in a Virginia personal injury lawsuit. The driver needs to make sure he uses his mirrors to look in all directions for vehicles around his car. The driver should always take the time to be aware of his surroundings and react accordingly to avoid a collision under any circumstance.