In order to recover damages in a Virginia Beach car accident case, the plaintiff has to show both negligence and damages arising from the incident. It is not uncommon for drivers who are at fault for an accident to plead no contest or to plead guilty to a traffic charge, only to later deny liability once they are sued for monetary damages in a civil case.
A Virginia Beach Circuit Court judge recently determined that a defendant driver’s payment of a traffic fine is admissible as evidence when evaluating negligence. Defense counsel frequently contends that unless their client entered a guilty plea, the outcome of a traffic case should have no bearing on a related civil claim.
However, Virginia’s revised statutory law makes this point clear. Under Va. Code § 8.01-418, if a driver enters a plea of no contest, pleads guilty, is found guilty in absentia, or forfeits the charge by paying the fine, that forfeiture, finding, or plea can be introduced as evidence in a subsequent civil proceeding. This includes a personal injury civil case.
Unless the defendant shows up to the traffic hearing and actively contests the charge, both the traffic offense and its outcome may be admitted as evidence in the personal injury case.
This is just one of the many reasons why it is important for plaintiffs to contact a Virginia Beach car accident lawyer early in the process. An attorney representing the plaintiff in a personal injury case will need ample time to properly prepare to address this issue for the court and secure a certified copy of the traffic court’s disposition, ensuring that this critical evidence is admitted during trial.
If you were injured in a Virginia Beach car accident, a skilled attorney from Shapiro, Washburn & Sharp can help you find out whether or not the defendant was cited for the collision. Call us today to schedule your free legal consultation.
Although a citation is no guarantee that your case will be successful, it can help, and here’s how:
Virginia abides by a rather archaic set of laws known as pure contributory negligence. Under this doctrine, you can lose your right to collect financial compensation if you are found to be materially at fault for an accident, which makes establishing fault on the other party or parties paramount to your injury claim.
Once the defendant is charged in a traffic situation, it indicates that law enforcement determined the defendant’s actions were the cause of the accident.
In Virginia personal injury cases, traffic citations themselves are generally not admissible as evidence. This means that during trial, you cannot simply point out that “the police charged the defendant” to prove fault.
If, however, the defendant pleads no contest or guilty to the citation, then their admission may, in point of fact, be admissible. A defendant’s prepayment of a traffic citation is also admissible.
Defendants may be charged solely because of the collision, with the goal of the court ruling in their favor. In this scenario, the defendant appears in court, has the charge reduced to a non-moving violation, such as defective equipment, and then pleads guilty to the amended offense.
Let’s say that the defendant is successful in obtaining a favorable plea agreement. In that case, the fact that they were charged and pleaded guilty to an amended charge will usually not be admissible in your personal injury claim, unless the reduced charge is a moving violation of a Virginia statute.
Don’t panic. This does not mean that you will lose your case. Many traffic cases in Virginia Beach do not result in charges. There is no condition stating that the defendant must be charged in order for your personal injury case to be successful, but, as previously mentioned, it can be quite useful.
Your skilled and experienced personal injury lawyer still may prove negligence on the responsible driver, especially if there is good evidence that the defendant driver violated a Virginia traffic statute. Our firm has seen innumerable cases where a negligent driver, for one reason or another, was not charged with the driving offence by the police, and we still prevailed in many of these cases.
No, sadly, it does not. Thanks to Virginia’s contributory negligence law, being even slightly at fault can bar you from recovering compensation. Which means it is possible for the defendant to be found guilty of a traffic offense and for you to lose your case anyway, if you were also in violation of a motor vehicle statute involving driving on the highways or roadways of Virginia, and if it directly contributed to the cause of the incident.
While a defendant’s guilty plea can be helpful evidence, any indication that you may have contributed to the accident means you need to speak with a Virginia Beach car accident lawyer about your legal options.
Understanding how traffic charges, guilty pleas, and contributory negligence can all work together to hurt or help your situation is critical in a Virginia Beach car accident case. The legal challenges surrounding admissibility and fault can have a significant impact on the outcome of your claim.
Evidence that seems obvious, such as a defendant’s guilty plea, could strengthen your case, but it does not inherently guarantee your success. Every situation requires thorough legal analysis to determine how traffic court findings, police reports, and liability all combine to prove negligence and protect your right to full and fair financial compensation.
At Shapiro, Washburn & Sharp, our Virginia Beach car accident lawyers have spent decades standing up for people hurt in serious crashes. We know how to build strong cases backed by solid evidence and expert testimony, and we’ve helped countless clients recover the compensation they need to move forward. In one notable case, attorneys with our firm obtained an award of $3.5 million for a client who suffered permanent brain damage after being hit head-on by a drunk driver.
If you were injured because of someone else’s negligence, our experienced personal injury team is ready to listen to your story and explain your legal options. Call us at 757-321-3983 or complete our online contact form to schedule a free case review. With offices in Virginia Beach, Norfolk, Hampton, and Portsmouth, and more than 100 years of combined experience, you can trust our team to fight for the justice and financial recovery you deserve.
In order to recover damages in a Virginia Beach car accident case, the plaintiff has to show both negligence and damages arising from the incident. It is not uncommon for drivers who are at fault for an accident to plead no contest or to plead guilty to a traffic charge, only to later deny liability…
Simply put, the defense team cannot use evidence that the plaintiff accessed health insurance coverage or disability benefits to argue for denial of compensation for negligence or recklessness.
If you have been injured in a car accident, contact a Virginia car accident attorney to find out what your legal options may be. Call our office today.
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