Identifying Shared Fault In Accident Lawyer In Hampton, VA

by | Dec 17, 2014 | Lawyers

Virginia accident victims should initiate their rights as quickly as possible. The reason this is necessary is due to the limitation of filing a claim. There’s a two-year limit on taking action against the at-fault driver in these proceedings in the state. Any failure to file a lawsuit or take other actions prior to this date could result in a forfeit. If you were injured and need legal counsel, you should contact an Accident Lawyer Hampton VA through the Law Offices of Stephen L.

Understanding Shared Fault

It is not unheard of for an at-fault driver to file a counter claim against a victim to imply that she, or he shared the fault of the accident. In these circumstances, it is necessary for them to prove without doubt that the victim’s actions were deemed a traffic violation. For instance, if he or she can prove that the victim was speeding, driving recklessly, or was intoxicated at the time of the accident, shared fault is possible.

What Happens In These Circumstances?

If the defendant in an accident claim proves that the victim shared the fault, the judge determines the percentage in which he or she was at fault. The settlement in which they would have received without fault is reduced based on the identified percentage. If the fault on behalf of the victim implies that she, or he was equally responsible for the accident as the at-driver, they will not receive any form of payment.

When DUI is the Reason

Either driver who was guilty of a DUI during the accident is charged with this infraction based on the applicable laws in Virginia. If the victim was intoxicated, he or she cannot file a claim for damages, even if the actions of the other driver were the direct result of the accident. When the blood-alcohol content exceeds 0.15 percent, the driver is guilty of aggravated DUI in the state of Virginia, and further penalties will apply.

Victims have the right to file a lawsuit against the individual who caused their injuries. However, some circumstances may imply that they are not entitled to compensation based on their own actions. At any time that it is proven that an accident victim contributed to the actions, he or she may face an inability to receive compensation. If you were injured and need help, contact an Accident Lawyer Hampton VA today. Click here for more details.



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