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Date: 01-08-2024

Case Style:

Christian E. Gibson v. David Lee Burkett and Wynne Transport Service, Inc.

Case Number: 7:23-cv-00013

Judge: Thomas T. Cullen

Court: United States District Court for the Western District of Virginia (Roanoke County)

Plaintiff's Attorney:



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Defendant's Attorney: Roanoke, Virginia insurance defense lawyers represented the Defendants.

Description: Roanoke, Virginia personal injury truck wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence theories.

Virginia's auto negligence law holds drivers accountable for their actions on the road and aims to compensate victims for injuries caused by another driver's carelessness. Here's a breakdown of key aspects:

Duty of care: All drivers in Virginia have a legal duty to operate their vehicles with reasonable care, similar to other states. This means they must act responsibly and avoid foreseeable risks that could harm others.

Negligence: If a driver breaches their duty of care and causes an accident, they may be considered negligent. Examples of negligence include:

Speeding
Distracted driving (e.g., texting, eating)
Driving under the influence of alcohol or drugs
Ignoring traffic signals or signs
Following too closely
Reckless driving

Comparative negligence: Virginia follows a modified comparative negligence rule. This means that even if you were partially at fault for the accident, you can still recover damages from the other driver, as long as you were less than 51% responsible. The amount of your compensation will be reduced by your percentage of fault.

Damages: If you are injured in a car accident caused by someone else's negligence, you may be entitled to compensation for:

Medical expenses, including hospital bills, doctor visits, and medication
Lost wages
Pain and suffering
Property damage
Other related costs

Statute of limitations: You generally have two years from the date of the accident to file a personal injury lawsuit in Virginia.

Seeking legal help: If you have been injured in a car accident in Virginia, it is important to consult with an experienced personal injury attorney. An attorney can help you understand your legal rights, investigate the accident, gather evidence, negotiate with insurance companies, and file a lawsuit if necessary.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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