A rollover crash on Virginia's Eastern Shore left the car's passenger dead and its driver facing a reckless driving charge. The fatal single-vehicle crash occurred on May 26, 2016, near the intersection of Belinda Road and Marsh Market Road west of the town of Temperanceville, VA, in Accocmack County.
State police did not immediately determine why the car ran off the road. They did rule out intoxication from alcohol, and they also announced that the passenger ejected from the vehicle had not been wearing a seat belt. Determining the exact cause of the deadly accident may bring additional charges against the driver.
The insurance company that receives a wrongful death claim from the family of the passenger who lost his life may focus on the deceased victim's failure to use a seat belt. However, Virginia law is clear that failing to buckle up does not make a person responsible for their injuries in a car crash. In legal terms, not wearing a seat belt does not constitute contributory negligence in Virginia.
If the family members of the passenger who died in this Eastern Shore crash encounter resistance from the at-fault driver's insurance company because of the seat belt, an experienced Virginia wrongful death attorney will know how to hold the insurer to its legal obligations.