Automobile Accidents

If you have sustained or caused a Personal Injury during an automobile accident, you may be eligible to collect awards in damages, or financial compensation. If the accident was caused due to a lack of response or attentiveness, this is known as Negligence.

Negligence can occur as a result of:

-Driver failed to anticipate situation
-Driving at a reasonable speed
-Vehicle under control
-Driver’s level of alertness

Any of these, and more, may be cited if a driver fails to react to an impending collision, or was behaving in a reckless or irresponsible manner. For a Plaintiff (the injured party) to make a claim against the Defendant (driver), the Plaintiff must prove that the Defendant caused the accident through lack of foresight, response or control of the vehicle; reckless driving or unreasonable speeding.

The only exceptions to these general guidelines are:

-Contributory Negligence: Examining the likelihood that the Plaintiff created the risk of harm to him/herself or to others, Contributory Negligence revokes the awarding of damages to Plaintiff.
-Comparative Negligence: Taking into consideration the conduct of the Plaintiff to determine who was responsible for the risk, Comparative Negligence allows the Plaintiff to recover damages or reduce the percentage owed.

Furthermore, there are two exceptions to all of the above:

-Assumption of Risk: Forewarned acceptance of the fact that an injury may occur as a result of actions undertaken. If you are warned that you may be hurt by participating or choosing not to participate, and you proceed to accept the risk and perform the act anyways, you have waived your right to collect damages.
-Emergency Doctrine: When confronted with an emergency situation, it can sometimes be difficult to act promptly, and with confidence. The Emergency Doctrine exists to protect those who do not react when faced with an emergency that requires immediate action. For instance, if a driver’s brakes give out and the driver fails to utilize the emergency brake, they will most likely not be found Negligent.

If you or a loved one was involved in an automobile accident and think you may have a claim, contact the legal professionals of Bush & Taylor, P.C. in Suffolk, Virginia Beach & Eastern Shore. Time restrictions apply, so don’t wait.