Norfolk Personal Injury Lawyer Blog

Q: In Virginia, Can I have a claim if I am partly at fault in a car accident?

In Virginia, you may not file a claim if you in any way contributed to your injuries.

Comparative Negligence vs Contributory Negligence

Comparative Negligence

Almost all states follow the comparative negligence system which allocates a percentage of fault between the individuals involved in the accident. With this type of system a defendant may prove that the plaintiff was partially at fault for the accident, relieving themselves of full liability.

• “pure” comparative negligence
  • If a plaintiff was awarded $100,000 and the judge determined that the plaintiff was 10% at fault for their injury, they would receive $90,000. Damages are reduced to reflect the their contribution to the injury. This would also apply if the plaintiff were 80% responsible for their injury, and they would receive 20% of the damages.
• “modified” comparative negligence
  • Most states that follow the comparative negligence system use this modified approach. If the plaintiff is found to be 50% or more responsible for the accident, they may not recover any damages at all.

Contributory Negligence
Virginia is one of the few states that still follow the contributory negligence system. The only other states are: Alabama, Maryland, North Carolina, Virginia, and Washington DC.

The contributory negligence system prohibits an accident victim from recovering any compensation if the defendant can prove the plaintiff contributed to the accident in any way at all.

More Virginia Car Accident Frequently Asked Questions

• If I was driving a car or was a passenger in a car struck by another car, can I sue the driver of the car that caused the accident for my injuries?
• Do I have to go to court to receive a settlement for my injuries?
• View More

Virginia Personal Injury Attorney

“Over the Limit, Under Arrest” Drunk Driving Campaign begins

December is National Impaired Driving Prevention Month and the U.S. Department of Transportation has kicked off their annual holiday drunk driving crackdown Monday, according to Arlington Now. 

This nationwide crackdown known for its tagline “Drunk Driving: Over the Limit, Under Arrest,”  will spend approximately $7 million on TV and radio advertising.

The program began after a 2007 National Highway Traffic Safety Administration (NHTSA) revealed the death toll from drunk-driving crashes over Christmas and New Years holiday was significantly higher than during the rest of the year, according to The Epoch Times.

Department of Transportation Secretary Ray LaHood is highlighting a new “No Refusal” enforcement programthat states can use.  The enforcement strategy allows jurisdictions to obtain search warrants for blood samples from impaired drivers who refuse breath tests.

According to last years data, the NHTSA reported 10,839 deaths involving alcohol-impaired driving crashes, with 753 during the month of December alone.

Related Articles: Drunk and Distracted Drivers

Pittsylvania, VA tractor trailer accident kills teen

17 year old Abria Stone, a student at Chatham High School, was killed in a Pittsylvania, VA tractor trailer accident.   Around 11:30 PM on Monday, December 14, Stone’s car had broken down in the right hand lane of U.S. 29. 

According to GoDanRiver.com, a passenger car swerved to avoid hitting the teen’s car obstructing  the view of the driver of the Old Dominion tractor trailer.  Harold Tuttle, the driver of the tractor trailer, hit the vehicle causing his truck to flip.

Abria Stone was taken to the Danville Regional Mideical Center, and then to Moses Sone Memorial Hospital in Greensboro, NC where she later died.  The two passengers in Stone’s car were hospitalized, but their injuries were unknown. 

Tuttle of Kennersville, NC had to be extracted from the tractor trailer and airlifted to Duke University Medical Center. 

The accident is still under investigation.

Related Article: What Car Drivers Need to Know About Truck Accidents

What Car Drivers Need to Know About Truck Accidents

Automobile drivers face enough dangers on the road, and one particularly frightening danger is the possibility of a collision with a tractor trailer. There are a variety of reasons that trucks can cause an accident – sometimes the truck driver is at fault, sometimes motorists in passenger vehicles aren’t being careful enough, or sometimes road conditions contribute to collisions.

The remarkable growth of America’s trucking industry has put more big rigs and truck drivers on the road than ever before. These days, large trucks account for about 1,300 accidents a year in Virginia, and kill over 100 people in the state and about 5,000 people every year nationwide. Motorists need to educate themselves about the dangers of truck accidents, and it can help to know ahead of time what to be aware of if you are unfortunate enough to collide with an 18-wheeler.

What You Need to Know About Truck Accidents

1. Trucking companies have their own lawyers and investigation teams. That’s right, if you’re involved in an accident with a tractor-trailer, you may find the scene of the accident crawling with representatives from the trucking company. They aren’t there to help you, they’re there because they know there is a good possibility they’ll face legal action and they want to gather as many facts as possible as quickly as possible. Protect your own interests if you’re involved in a truck accident and speak to your own lawyer as soon as possible.

2. There are a lot more insurance companies involved in truck accidents. Consider your own driving insurance – you probably just have one insurer, and one policy. Not the case for large trucks. In an accident, there may be multiple insurance companies involved, which can greatly complicate you getting what you deserve for your injuries. Your attorney can help ensure your rights are protected when dealing with the trucking company’s insurance company, the owner’s insurance company, the driver’s insurance company, and possibly others.

3. Large trucks handle differently than passenger vehicles. This statement may seem obvious, but many motorists drive as though the big rig next to them has the same braking and handling capability as their minivan. When sharing the road with large trucks, remember that they have bigger blind spots, they need more time to break – and most importantly, they can weigh up to 80,000 pounds – a great reason to give them a wide berth. Accidents with vehicles of this size mean that attorneys and investigators need to have an appreciation for truck dynamics in order to fully understand your accident case.

4. Tractor trailers have different rules and regulations than passenger vehicles. If you’re involved in an accident with a large truck and you believe you need representation for your case, then you’ll want an attorney who knows these types of accidents. There are a myriad of laws governing the ownership, maintenance, and operation of these enormous vehicles, and its important that your attorney ensure all applicable laws were being followed at the time of the accident.

 You can see from the list above that it is your best interest to find an experienced attorney if you or someone you love is involved in a truck accident. There is no reason that you should face the aftermath of a truck accident alone. Please contact The Serpe Firm, and we can help you face the powerful trucking company lawyers so you can get the compensation you deserve.

Law Offices of Richard J. Serpe, P.C.
580 East Main Street, Suite 310
Norfolk, VA 23510
Phone: 757-233-0009
Fax: 757-233-0455

How Insurance Companies Deny, Delay, Confuse, and Refuse

Tricks of the Trade:  How Insurance Companies Deny, Delay, Confuse, and Refuse [pdf]

Brought to you by the American Association for Justice. The publication reveals the tricks of their trade, and what you can do about it! “This report describes some of the most egregious ways the insurance industry attempts to make money at the expense of consumers.”

This is an interesting publication we have in our firm website’s car accident library

Have you been involved in a Virginia car accident?
Contact our Office to setup a free case review by phone or appointment. 
Toll Free: 877-544-5323 or Local: 757-233-0009

www.serpefirm.com

Virginia DMV To Increase CDL Records Disclosure

The state of Virginia plans to increase a voluntary program in which transportation employers get notification of broader spectrum of traffic offenses that could disqualify their drivers from holding commercial licenses.

Only about 645 Virginia companies currently participate in the voluntary program in which they receive notification of worker traffic offense convictions. The Richmond Times-Dispatch explains:

The universe is about to expand for the voluntary program, which later this year will begin reporting a wider range of traffic offenses to companies that request almost instant notification of problems their drivers encounter on and off the job.

The idea is to give employers…better and more timely information about the people who drive their vehicles for a living.

“Whether you’re transporting people or freight, you should be held to a higher standard,” [DMV Commissioner] Holcomb said.

The  DMV wants to expand the program to include about 20,000 companies that employer CDL drivers along with about 24,000 companies that employ van and small commercial vehicle drivers.  Under the program, tentative called Drive Alert, employers would get the option of receiving a broad range of driving record information by e-mail.

Nearly 70,000 Virginians hold CDL licenses. Virginia school drivers are already subjects to mandatory employer notification of a wide range of traffic offenses, including reckless driving.

Woman dies in Tractor Trailer Accident

A woman was killed Sunday afternoon when struck by a tractor trailer after exiting her vehicle on the right shoulder of the road.

Virginia State Police reported that the accident happened when traffic backed up on the exit ramp from I-495 West to I-95 South. To avoid hitting a car, the tractor trailer swerved onto the shoulder. At this point, it struck the woman’s car, then her, before moving back into the lane of traffic and colliding with another vehicle.

Sixty-eight year old Elizabeth P. Lyman of Fairhaven, Massachusetts was pronounced dead at the scene.

The exit ramp was closed for approximately one hour after the accident as police cleared the scene and investigated the accident.

Feds Want To Make Temporary Commercial Texting Ban Permanent

The U.S. Transportation Department on March 31 announced that it intends to implement rules that would make permanent a ban on texting by commercial truckers and bus drivers. Interim rules prohibiting mobile texting went into effect in January. In making the announcement, Transportation Secretary Ray LaHood said that the rulemaking “keeps our commitment to making our roads safer by reducing the threat of distracted driving.”

According the New York Times…

As navigation systems, cellphones and mobile electronics have become prevalent in cars and trucks, safety advocates and the government have pushed for restrictions. The Transportation Department reports that 5,870 people were killed and 515,000 injured in 2008 in crashes connected to driver distraction, often involving mobile devices or cellphones.

Trucking and bus industry officials have said they support the ban on text-messaging and many companies already have policies. The government prohibition does not apply to onboard devices that allow dispatchers to send text messages to truck drivers, but industry officials say most of the devices have mechanisms preventing their use while a truck is moving.

On his blog, Secretary LaHood notes that Federal Motor Carrier Safety research indicates that texting motorists take their eyes off the road for an average of 4.6 seconds out of every 6 seconds , and that at 55 miles per hour, that 4.6 seconds is enough time to cover the length of an entire football field including both end zones. “Now, imagine a truck or bus hurtling that distance at that speed with a driver whose attention is not on the road ahead. I think you can see that there would be consequences,” the secretary added.

The proposed rules were published in the April 1 edition of the Federal Register. The deadline for public input is May 3. To learn more about the specifics of the proposal and to file formal comments, go to Regulation Room.

Federal Govt. Bans Texting By Commercial Truckers

The U.S. Department of Transportation has released regulatory guidance that prohibits commercial truck and bus drivers from cell phone texting while driving. Transportation Secretary Ray LaHood made the announcement yesterday, which goes into effect immediately. The ban applies to inter-state truck drivers and also applies generally to commercial bus or van drivers who carry more than 8 passengers.

“We want the drivers of big rigs and buses and those who share the roads with them to be safe,” Secretary LaHood said. ”This is an important safety step and we will be taking more to eliminate the threat of distracted driving.” Commercial drivers cited for texting can be subject to civil or criminal penalties of up to $2,750.

A St. Louis television station filed this report about the new ban:

Among other initiatives, the Transportation Department is pushing Congress to enact an across-the-board ban on texting in all 50 states. Nineteen states including Virginia have already banned texting while driving.

Many safety experts, including Virginia Tech researchers, believe that “DWT” (driving while texting) can be as dangerous as driving under the influence.

While most Virginians operate their vehicles responsibly, distracted driving leads to accidents virtually every day in the state.  If you–or someone you love–have been injured in a Virginia automobile accident caused by a distracted driver, do not hesitate to get in touch with the Personal Injury lawyers at the Law Offices of Richard J. Serpe, P.C., Toll Free 877-544-5323, for a no-obligation consultation.

National Distracted Driving Summit Leads To Texting Ban For Federal Workers

The two-day National Distracted Driving Summit in Washington hosted by the U.S. Department of Transportation, saw administration officials vowing to crack down on multi-tasking motorists.

The summit brought together safety experts, researchers, industry representatives, elected officials and members of the public who shared their expertise, experiences, and ideas for reducing distracted driving behavior and addressed the safety risk posed by this growing problem.

The summit conference also culminated in a presidential executive order banning federal employees from texting while driving on the job or in a government-owned vehicle. The order also encourages federal contractors and others doing business with the government to adopt and enforce their own policies banning texting while driving on the job.

Transportation Secretary Ray LaHood also announced several initiatives to combat distracted driving, including the Department’s plan to create three separate rulemakings that would consider:

• Making permanent restrictions on the use of cell phones and other electronic devices in rail operation
• Banning text messaging altogether, and restrict the use of cell phones by truck and interstate bus operators
• Disqualifying school bus drivers convicted of texting while driving, from maintaining their commercial driver’s licenses

“Keeping Americans safe is without question the federal government’s highest priority – and that includes safety on the road, as well as on mass transit and rail,” Secretary LaHood said. “I’m greatly encouraged by the work accomplished at this summit. Working together, we’re going to make sure that traveling in America is as safe as it can possibly be and I strongly encourage the public to take personal responsibility for their behavior and show a healthy respect for the rules of the road.”

A bill previously introduced in Congress would, if passed, link state passage of distracted driving laws to federal highway funds.

The Commonwealth of Virginia and 17 other states already ban texting while driving . Nonetheless, car accidents brought about by distracted or reckless drivers cause serious injuries and death every day across the state of Virginia and throughout the country. Lives have been ruined and families devastated by reckless or inattentive motorists. If you–or someone you love–have been injured in an automobile accident caused by a distracted driver, do not hesitate to get in touch with the Personal Injury lawyers at the Law Offices of Richard J. Serpe, P.C., Toll Free 877-544-5323.

Automaker Supports Mobile Texting Ban

With the increasing roadway danger posed by distracted drivers, Ford Motor Co. has officially come out in favor of federal legislation that would ban texting while driving.

Ford is the first automobile manufacturer to do so.

A bill first introduced in the U.S. Senate in late July would require states to prohibit texting or emailing while operating a car or truck–or risk being stripped of 25% of their annual federal highway funds.

As discussed in the above clip, the legislation was prompted by a recent Virginia Tech study indicating that a texting driver is 23 times more likely to get into an accident than a non-distracted motorist.

In a written statement posted on the company website, Sue Cischke, Ford’s Group Vice President for Sustainability, Environment and Safety Engineering said:

The most complete and most recent research shows that activity that draws drivers’ eyes away from the road for an extended period while driving, such as text messaging, substantially increases the risk of accidents. Ford believes hands-free, voice-activated technology substantially reduces that risk by allowing drivers to keep their hands on the wheel and eyes on the road. Ford supports a ban on hand-held text messaging while driving – and we endorse the legislation introduced by Senator Charles E. Schumer (D-NY) and Rep. Carolyn McCarthy (D-NY) that would encourage a more rapid transition to hands-free and voice activated technologies. This legislative approach addresses a nationwide problem we can all agree is necessary to improve safety.

InformationWeek suggested that Ford’s backing may in part be marketing driven: “Ford’s stance could also be viewed as an endorsement of its in-car Sync system, which reads text messages and operates cell phones with simple voice commands.”

According to Sen. Schumer, “Ford deserves credit for stepping up as the first car company to endorse a ban on this dangerous habit. We are gathering a critical mass of support for this bill, which will give us the momentum we need to get it passed.”

Unfortunately, car accidents from distracted drivers cause serious injuries and death every day across the state of Virginia. If you–or someone you love–have been injured in an automobile accident, do not hesitate to get in touch with the Personal Injury lawyers at the Law Offices of Richard J. Serpe, P.C., Toll Free 877-544-5323.

Feds Announce Distracted Driving Summit Meeting

With text messaging behind the wheel posing an increasing threat to roadway safety in Virginia and around the country, the federal government will hold a summit conference in September to study the dangers of distracted drivers.

A recent Virginia Tech study indicated that a texting driver is 23 times more likely to get into an accident than a non-distracted motorist.

Under the auspices of the U.S. Department of Transportation, various authorities–including administration officials, lawmakers, safety advocates, police, and academics–will convene in Washington, DC to discuss ideas about how to combat distracted driving.

“If it were up to me, I would ban drivers from texting, but unfortunately, laws aren’t always enough,” U.S. Transportation Secretary Ray LaHood said. “We’ve learned from past  safety awareness campaigns that it takes a coordinated strategy combining education and enforcement to get results. That’s why this meeting with experienced officials, experts and law enforcement will be such a crucial first step in our efforts to put an end to distracted driving.”

A bill introduced in the U.S. Senate earlier this summer would require states to prohibit texting or emailing while operating a car or truck–or risk being stripped of 25% of their annual federal highway funds.

In the aftermath of the summit which will occur on a September date to be determined, LaHood added that he “plans to announce a list of concrete steps we will take to make drivers think twice about taking their eyes off the road for any reason.”

If you have been involved in a Virginia car, truck, motorcycle, bicycle, or pedestrian accident, you need to know your legal rights. Do not hesitate to contact the lawyers at The Law Offices of Richard J. Serpe, P.C. for a free consultation, Toll Free 877-544-5323.