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Ice and snow caused the car crash that injured me. Can I sue VDOT?

No, for at least two reasons.

Virginia, like every other state, requires drivers to adjust their driving to account for road conditions. This translates into a duty to slow down or stay off the road altogether when ice and snow makes pavement slick.

Additionally, Virginia enforces a contributory negligence rule that prevents injury victims who do something to cause their injuries from collecting on insurance claims filed against other people. The contributory negligence rule can also complicate injury claims following crashes during winter weather even if another driver was clearly more at fault.


Eric K. Washburn
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia