Legal Question in Traffic Law in Virginia

Am I at fault for accident behind me?

I was involved in an accident by myself. I hydroplaned and slid across two lanes of traffic before hitting a guardrail. One car in a lane I slid through slammed on the brakes to avoid me and did. Another car rear ended the first. Am I responsible for the second car rear-ending the first driver who maintained a safe speed and distance.


Asked on 11/21/08, 11:54 am

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

Re: Am I at fault for accident behind me?

Let's examine the chain of causality in this situation and the all important "but for" proposition, which for this situation would seem to translate into the question of "but for" your hydroplaning and sliding across two lanes of traffic, would the subsequent crash between the first and second cars which you've referenced have occurred?

Undoubtedly not,(and very likely you were traveling

too fast for the conditions of the road).

And, consequently, yep, I'd say you're responsible due to your apparent negligence in failing to properly adjust your speed to accommodate the changing road conditions with which you were very likely confronted in the scenario described.

Case closed.

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Answered on 11/21/08, 10:06 pm


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