Legal Question in Insurance Law in Virginia

rear end accident with 0 visability

I was in an accident where I rear ended someone. There was 0 visibilty due to foggy conditions. He had stopped in the road without is flashers going. He did have his lights on. I was not charged with anything when the police arrived. My insurance covered the damages to the other vehicle. He then filed a suit against me. Could this accident be his fault in anyway. And would there be a very good chance of him winning. And if he does not can I counter sue for my damages i.e time off work and mental strain.


Asked on 11/11/06, 5:18 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: rear end accident with 0 visability

Counter sue for damages, you ask, when you, apparently, were the negligent actor in this particular incident, having rear-ended the victim by probably exceeding the speed appropriate for the conditions (fog) of the road at the time of the accident? I think not.

Nevertheless, Virginia still recognizes the doctrine of contributory negligence which absolutely bars the plaintiff/claimant from any recovery in any suit where any such negligence can be provably attributed to such plaintiff.

Better get a lawyer.

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Answered on 11/11/06, 11:45 pm


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