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What if I contributed to the negligence of the driver, or knew the driver would probably drive recklessly, such as I knew he was intoxicated?

 
 
In this case, your claim could be in trouble because the defendant could assert a contributory negligence defense or assumption of the risk defense. 
Randall E. Appleton
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia