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An Accident Lawyer in Charlottesville, VA Helps When Insurers Claim Contributory Negligence

An Accident Lawyer in Charlottesville, VA Helps When Insurers Claim Contributory Negligence

People who drive when their blood alcohol content is above the legal limit are committing a crime. If they cause an accident, their penalty will be more severe than if they were pulled over because of erratic behavior. If someone is injured in the accident they deserve financial compensation from the driver’s automotive insurance company. The compensation should cover repairs to their vehicle or its replacement value, as well as medical expenses and lost wages. An accident lawyer in Charlottesville, VA can prove of help if the insurance company tries to stall on negotiating a settlement or attempts to settle for an unreasonably low amount.

One tactic an insurance company may use in Virginia is to claim that the injured person was partly at fault for the accident. Virginia is one of the few states that follows the process of contributory negligence instead of comparative negligence. In states that have comparative negligence laws, injured people are still entitled to a settlement even if they were somewhat negligent themselves. That is not the case in Virginia.

Even if the other driver was intoxicated and ran into the injured person’s vehicle, the person may be considered somewhat responsible if they had also been drinking. That may be the case even if the blood alcohol content was not over the legal limit. If the insurer discovers that this person had just worked an abnormally long night shift, the company might claim the person was probably fatigued or even sleepy. The insurer might try to find evidence that this was the case, such as interviewing people at the workplace.

An accident lawyer in Charlottesville, VA knows that insurers do not want to go to court, even if they believe there’s a chance they could win at trial. He knows whether injured individuals have a good case and whether they deserve more than what the insurance company is offering. Skilled legal representation in these matters can be essential. Someone dealing with this type of situation may contact a law firm such as Dulaney Lauer & Thomas, LLP for a free consultation.

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