Are You Suffering Pain, Discomfort, and Financial Loss as a Consequence of An Accident in Charlotte County?
Attorney Herbert E. Maxey, Jr. has the experience, dedication, and knowledge you need to recover the compensation that you deserve.
Contact the award-winning personal injury attorney Herbert Maxey, Jr. today at 434-969-4873 to discuss the steps you need to take to win the financial settlement you deserve for your losses in your Charlotte County car, motorcycle, or truck wreck claim.
For over 40 years, Attorney Herbert E. Maxey, Jr. has zealously pursued economic compensation for auto accidents, motorcycle crashes, and truck collisions, among other personal injury claims such as:
- Accidental Death and Wrongful Death Cases,
- Bus Accidents
- Pedestrian accidents,
- Bicycle accidents,
- All other types of personal injury actions.
Negligence under Virginia Law
When someone crashes into you because of their failure to drive safely, and, assuming that the collision was unintentional, then the other driver may be found negligent. Negligence under Virginia law occurs when a person undertakes a duty to do something such as drive, safely but fails to do so. The person is liable for the injuries that naturally flow from the failure to drive as a normally prudent person should do in the circumstances.
Virginia is an “At-fault” state. At-fault, under insurance law, means that the person who caused the auto, motorcycle, or truck wreck is responsible for all damages. Many states have altered their insurance laws to a no-fault status. Under a no-fault scheme, each driver bears the responsibility for their loss up to a certain dollar amount. Once the injured party’s damage claim exceeds that minimum dollar amount, then the injured person can file a claim seeking compensation against the other driver. The minimum dollar amount is known as the “tort threshold.” Virginia has no tort threshold.
Virginia auto insurers rely on the defense of contributory negligence to limit their exposure to paying out damages to people who deserve an award. Contributory negligence in Virginiais a harsh and antiquated rule. Contributory negligence is a perfect defense to a tort claim. If the other party’s auto insurance defense attorney shows that you were negligent, even in the slightest way, then you cannot receive any damages. The law dates back to old English Common Law and remains in effect in only two other states in the U.S.
The harsh consequences of contributory negligence in Charlotte County may be avoided if you do not delay in contacting Attorney Maxey after your Charlotte County accident. Attorney Maxey can conduct an exhaustive and thorough investigation into the circumstances surrounding your accident and locate witnesses, if any, that can help you argue that you were not negligent in even the slightest way when your accident occurred. Additionally, Attorney Maxey can focus his attention on the other driver to show that the accident was unavoidable, which could help persuade an insurance company to settle or prove to a jury that you did nothing wrong.
Accidents occur for several reasons inCharlotte County. The most frequently observed driver behaviors that contribute to traffic accidents are:
- Intoxicated or inebriated drivers,
- Texting while driving,
- Fatigued driving,
- Distracted driving, and
Other factors can contribute to auto accidents, especially with large trucks. Large trucks can lose their cargo, experience a cargo weight shift and roll, jackknife, or experience a tire blow out which results in loss of control over the big rig. Motorcycles are frequently involved in collisions because the other driver is inattentive and loses the rider in blindspots or does not pay attention long enough to see if a bike is in their path of travel.
Call Attorney Maxey today
Take the initiative and contact Attorney Maxey today at 434-969-4873 to preserve your rights. Attorney Maxey will begin to work with you immediately to get the most out of your Charlotte County auto, truck, or motorcycle accident claim.