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by Jeffrey Downey, Esq.
If you have been injured in a car accident, the Virginia assembly just made it a bit easier to establish liability against the at fault drivers, explains Fairfax Personal Injury attorney Jeffrey Downey.
After an accident the at fault driver may attempt to shift liability or wrongfully deny fault, requiring a civil trial on liability. Aggressive insurance companies like State Farm or Allstate, might rely on their insured’s unsupported version of an accident in an attempt to deny liability on legitimate claims that should be paid.
Virginia law generally prohibits the admission of evidence regarding the underlying traffic infraction. So, if a driver is charged with running a red light but disputes that the light was red, the results of the underlying traffic proceeding was inadmissible, unless the driver pleaded guilty. A problem arose where defendants were not appearing for their court date and the traffic judge would enter a plea of not guilty and try the defendant in his absence. While typically that trial would result in a conviction, the underling conviction would be inadmissible.
The Virginia General Assembly recently closed that loophole. Now, when there is a finding of guilt where the traffic offender does not appear in traffic court, this evidence is admissible in a civil case. That finding of responsibility can make it more difficult for an insurance company to wrongfully deny liability where the case comes down to a he-said, she-said type of scenario.
The full text of the statute appears below.
If you have been injured in an accident it’s important to retain representation quickly to protect your rights, research applicable insurance coverages, and preserve important evidence.
Call the Law Office of Jeffrey J. Downey for a free consultation today. Mr. Downey has over 30 years of trial experience and started his career defending insurance companies in personal injury cases. Now he uses that experience to benefit his clients.
Handling personal injury cases in Virginia, Washington DC, and Maryland.
The Law Office of Jeffrey J. Downey
Phone – 703 – 629 – 2400
Email – jdowney@jeffdowney.com
Text of Virginia Code § 8.01-418.
Whenever, in any civil action, it is contended that any party thereto pled guilty or nolo contendere, was found guilty in absentia, or suffered a forfeiture in a prosecution for a criminal offense or traffic infraction which arose out of the same occurrence upon which the civil action is based, evidence of said plea, finding, or forfeiture as shown by the records of the criminal court shall be admissible. Where the records of the court in which such prosecution was had are silent or ambiguous as to whether or not such plea or finding was made or forfeiture occurred, the court hearing the civil case shall admit such evidence on the question of such plea, finding, or forfeiture as may be relevant, and the question of whether such plea or finding was made or forfeiture suffered shall be a question for the court to determine.