Frequently Asked Questions

The law in Virginia written in the Virginia Model Jury Instructions book states, “The driver of a motor vehicle shall not follow another motor vehicle more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic upon, and condition of, the highway at the time.”
The jury instructions are the law as would be given by a Virginia judge to a jury in a Virginia personal injury lawsuit. All drivers must know they are not allowed to follow another motor vehicle more closely than a reasonable distance. If the driver was tailgating and following too closely, the accident is their fault. Usually unless there is some good excuse, the driver who runs into the back of your car is legally responsible. 

No, because Virginia law requires drivers to adjust their driving to account for road conditions.

I was injured by a drunk driver. How common is this?

Yes.  If you were injured in an accident as a passenger in a vehicle and you were not at fault, you almost certainly can get a recovery from the insurance company of the driver, even if you are related to the driver.  One notable exception to this rule is if you get into a vehicle with someone that you know is intoxicated or otherwise impaired, and that impairment is a cause of the accident.  You should contact a personal injury lawyer even if your loved one was the driver to make sure your case is properly analyzed. It may lead to awkwardness between you and your loved one, but remember that you are not suing your loved one, but rather than insurance policy.

I was injured in a wrong way car accident. How common are these?