Can I be found liable for a Virginia car crash where I am rear-ended?


It’s hard to imagine a set of facts that makes you 100% liable if you are rear-ended in a Fairfax or Virginia car crash. An argument could be made that if you were driving on 495 and slammed on the brakes for no reason, you might be liable for the crash.

If the auto insurance company is making noise about you being at fault for a Virginia car crash where you hit from behind, the more likely scenario is that they believe you might have contributed to the crash. Virginia has a harsh law called Contributory Negligence. What this law states is that if a driver contributes to the cause of the crash – by 10%, 1% or even .01%, then they cannot recover a dime for their injuries or for the damage to their car. The insurance company might be arguing that you stopped too quickly, that you didn’t signal before slowing down, or that you knew your brake lights were out. In any of these cases, it is possible that you might be found to have been negligent.

If the insurance company denies your claim for injuries because of contributory negligence, you should consult a Fairfax car crash attorney about your options.


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No matter what you are going through, we are here to help. Timing is critical, so contact us as soon as possible to tell us what happened.


Law Offices of David L. Marks
10513 Judicial Drive, Suite 204
Fairfax, VA 22030
703-385-1983 fax

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