Legal Question in Personal Injury in Virginia
I was involved in an auto accident that was not my fault. I hit a black bull standing in a dark hi-way. I received permanent injuries because the bull entered the car. I was not wearing my seat belt. How is this going to effect my lawsuit.
2 Answers from Attorneys
If it can be shown that your failure to seat belt yourself contributed to
the injuries you received as a result of hitting the bull, your case could be
dismissed on the ground of contributory negligence.
you should contact a viginia lawyer who does injury work. most consultations are free and usually an injury lawyer works on a contingent percentage. the best source is word of mouth, the local bar assoc referral service or contact the state's trial lawyer assoc for a listing of lawyers in your area.
each state has different injury laws. idk virginia law but judging from atty hendrickson's response above, it sounds as though viginia is a contributory negligence state rather than a comparative fault state. it also sounds like viginia has not passed a law limiting the use by the insurance defense of failing to use a seat belt. however idk that. if it was indiana or illinois you would have a case against the owner of the bull/farm/ranch and the non use of a seatbelt would only be admissable to mitigate the damages caused by not wearing it. good luck.
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