How Can One Prove Contributory Negligence?

Question

So, I was involved in an accident. I was driving on my way home and some lady T-boned me from the side because she ran a stop sign. The police officer gave her a ticket for running the stop sign. The damage is massive and my parents went to hospital and stuff. So, it was a very serious accident. We have a lawyer for the case now. The defendant claims that she has a witness that can claim that I was driving in a very high speed (the officer put down 35mph in the report as for my speed, though). They want to use contributory negligence. I live in VA. How possible is it for them to prove this?

Boots · Accepted Answer

Since you have hired an attorney and will be paying him a very large chunk of any settlement you get...you need to ask your attorney not YA. 

If you are going to hire an attorney for his professional guidance....then let him earn his money and answer your questions.

Mr Placid · Answer

Example:  You were approaching the intersection.  The lady in the other car was waving frantically out the window yelling, "I have no brakes!"  However, you were on the cell phone at the time, weren't paying attention, and drove into the intersection, even though you could have easily stopped had your attention been on the road in front of you.  That would be contributory negligence on your part.

There are many ways to show contributory negligence.  It all depends on the totality of the facts and circumstances.  However, it certainly appears to be a real stretch to claim contributory negligence when she ran the stop sign & t-boned you.  Her claim would probably be slightly better if you had t-boned her.

Anonymous · Answer

If there was not your fault then you don't need to worry.
Just tell the truth and you will be safe.

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How Can One Prove Contributory Negligence?

3 Answers