In Virginia, if a person is injured in a car accident in which the injured person’s vehicle was struck by a vehicle that skidded on a slippery road, is the driver of the vehicle that skidded considered to be negligent?

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The below information was written by our personal injury lawyers in Virginia Beach.

Not necessarily. The fact that a vehicle skidded on a slippery road is not, of itself, sufficient to establish negligence on the part of the driver. If the skidding was due to the failure of the driver to act as a reasonable person would have acted under the circumstances, then the driver is considered to be negligent. However, if the slippery condition of the road was the only cause of the skidding, then the driver is not considered to be negligent.

The Virginia Supreme Court has written that the skidding of a car does not always mean that the driver of the skidding vehicle was negligent. Instead, the fact that a vehicle skid is a circumstance to be considered along with all the other facts of a case in determining whether the driver of a skidding vehicle was negligent. For example, the driver of a vehicle that skids into another vehicle on an icy road is not always considered to be negligent. In such situations, the court will look to the conduct of the driver to see if he or she acted as a reasonable person would have acted in light of the icy road conditions. If the driver used an appropriate level of care in proportion to the known icy condition of the road, then the driver will not be considered negligent.

Whether an injured person can make a successful personal injury claim against the driver of a vehicle that skidded into the injured person’s vehicle on a slippery road is specific to the facts of the case.  Our personal injury lawyers in Virginia Beach can you with such car accidents and potential personal injury claims arising out of them.  We can advise as to whether the facts of the case will allow for a slippery road defense by the driver of the vehicle that skidded. Our personal injury lawyers can also advise the injured person as to the value of the injury claim and can guide the injured person through the process of making a claim with the applicable insurance company or companies and can represent the injured person in the litigation of the personal injury claim, if a lawsuit becomes necessary.

Waiting can hurt your case. To find out how our personal injury lawyers in Virginia Beach can help you, please contact us at (757) 486-2700.

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