Virginia Complaint regarding Auto Accident (Guest passenger vs both drivers)

State:
Multi-State
Control #:
US-PI-0304
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the negligence of both drivers caused plaintiff's injuries.

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FAQ

To add fuel to the fire, sometimes drivers do not stay at the scene of the accident. As a personal injury attorney in Hampton Roads, I have seen many accident scenes made more complicated by the fleeing of the at-fault party. Leaving the scene of an accident in Virginia is not only reprehensible ? it's a crime.

Virginia law provides that a non-reportable accident is one that: results in minor property damage, that is cosmetic rather than structural. did not cause physical injuries to the drivers or passengers. occurs on private property, such as parking lots.

In these circumstances, representing both would present a conflict of interest. Where, as here, the passenger may raise a claim against her own driver, the representation of one client will be directly adverse to another.

A passenger may be convicted of a Class 1 misdemeanor for failure to make the required reporting in the event of an accident with an attended vehicle that results in any property damage. If the property damage is less than $250 and the damaged property was unattended, the offense is a Class 4 misdemeanor.

So, when you allow someone else to drive your vehicle, and that person causes an accident while driving, YOUR INSURANCE WILL HAVE TO PAY THE DAMAGES, simply because the driver of YOUR VEHICLE caused the damages.

If you are convicted as either a driver or a passenger in a hit and run accident, of an attended or unattended vehicle, resulting in property damage exceeding $500, the court may suspend your driver's license up to 6 months. (Virginia Code §46.2-901).

The driver of any vehicle involved in an accident in which no person is killed or injured, but in which an unattended vehicle or other unattended property is damaged, shall make a reasonable effort to find the owner or custodian of such property and shall report to the owner or custodian the information which the ...

Cognitive distraction. Even a single passenger can take your attention off the road if you're engaged in an intense discussion with them. Conversations require mental focus and, when they're happening in a car, your focus is stolen from the task of driving.

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Virginia Complaint regarding Auto Accident (Guest passenger vs both drivers)