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Phone: 703-260-6070
The Rohrstaff Law Firm

The Rohrstaff Law Firm

Call 703-260-6070
Fax 703-260-6305

Q
Is it my fault if the car behind me runs into me when I could not stop for cars in front of me on a rainy day?

A

Maybe yes, maybe no.

Drivers think that just because a car hits you from behind, it is automatically that driver's fault. Especially on a rainy day, every driver must consider the conditions of the roadway and know it takes longer to stop on wet pavement than on dry. If traffic in front of you was slowing down and you had to apply your brakes hurriedly because you were going too fast and the car behind you hit you, that driver can say that it was partly your fault because you should have been more careful. In Virginia, that defense may have some "teeth", because our law is that if you were even a little at fault, the other person (who was PRIMARILY at fault) is not held accountable. This is called CONTRIBUTORY NEGLIGENCE.

You should consult a Virginia injury lawyer to discuss these facts. Virginia is one of ony 4 states that has contributory negligence, and figuring out a case that has facts such as these is complicated -- and important.