by Jeffrey Downey, Esq.
Virginia law typically prohibits the admission of evidence regarding the underlying traffic infraction, even if an at fault driver is found guilty in traffic court.
Based on recent changes to Virginia law, when there is a finding of guilt in a proceeding where the traffic offender does not appear in traffic court, this evidence is now admissible in a civil case. That finding of responsibility will make it more difficult for an insurance company to wrongfully deny liability where the driver did not contest the original traffic violation, explains Fairfax personal injury attorney Jeffrey J. Downey
Below is a draft Motion in Limine for attorneys seeking the admission of such evidence. Attorneys should update their research before relying on any sample pleadings to ensure that the law has not been modified or overruled by subsequent case interpretations.
The Law Office of Jeffrey J. Downey
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