Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 04-13-2023
Case Style:
Case Number: 5:21-cv-00046
Judge: Joel C. Hoppe
Court: United States District Court for the Western District of Virginia (Rockingham County)
Plaintiff's Attorney:
Defendant's Attorney: August William Steinhilber, III and Thomas Crawford Palmer, Jr.
Description: Harrisonburg, Virginia plaintiff personal injury lawyer represented Plaintiff who sued defendant on an auto insurance liability theory claiming $750,000 in damages and/or injuries.
"Virginia is a pure contributory negligence state, which means that if a person is found to be even 1% at fault for an accident, they cannot recover any damages from the other party. This is in contrast to most other states, which follow a comparative negligence system, where damages are reduced by the percentage of fault attributed to the injured party.
There are a few exceptions to the contributory negligence rule in Virginia. For example, if the other party was driving under the influence of alcohol or drugs, or if they were committing a crime, the injured party may still be able to recover damages even if they were also partially at fault.
If you have been injured in an auto accident in Virginia, it is important to speak with an experienced personal injury attorney to discuss your legal options. An attorney can help you understand the contributory negligence rule and how it may affect your case.
Here are some examples of how contributory negligence can affect an auto accident case in Virginia:
If you are driving and you run a red light and are hit by another driver, you may be found to be partially at fault for the accident. If the other driver is found to be 90% at fault and you are found to be 10% at fault, you will not be able to recover any damages from the other driver.
If you are a pedestrian and you are hit by a car, you may be found to be partially at fault if you were not paying attention to your surroundings or if you were jaywalking. If the car driver is found to be 80% at fault and you are found to be 20% at fault, you will only be able to recover 80% of your damages from the car driver.
It is important to note that the contributory negligence rule is a complex area of law, and there may be other factors that affect your ability to recover damages in an auto accident case. If you have been injured in an auto accident, it is important to speak with an experienced personal injury attorney to discuss your legal options."
Google Bard
Outcome: 04/13/2023 46 Clerks Entry of Dismissal with prejudice Pursuant to FRCP 41(a)(1)(A)(ii) (jv)
Plaintiff's Experts:
Defendant's Experts:
Comments: