Legal Question in Civil Litigation in Virginia

civil suit from passenger in an auto accident

i was using a work vehicle from the company i own to help a friend move. at a yellow light, while i was following, the friend stopped short and i hit her car from the rear. the passenger in my vehicle, also a friend who agreed to help me, was not wearing his seatbelt and is now complaining of severe back pain. he has retained counsel and plans to sue me for damages resulting from the accident. according to my research, he has no legal standing because he was not wearing a seatbelt. my plan is to demurr his claim and request a dismissal with prejudice and possible counter claim for malicious filing. is there anything else i need to know?


Asked on 6/14/08, 10:54 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: civil suit from passenger in an auto accident

Failure to wear a seatbelt is not a complete defense. Furthermore, as the driver, it was your responsibility to make sure that all passengers were properly belted. This is a matter for your insurance company - just turn it over to them and let them appoint a lawyer for you.

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Answered on 6/15/08, 8:20 am


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