Legal Question in Personal Injury in Virginia

My spouse was in a rear end accident recently. He was driving a company vehicle on the clock when he went to exit the interstate, was cut off by a tractor trailer, and upon getting on the exit ramp he hit a car that was at a stand still in a traffic backup, this car was then pushed into another. Now the speed was 50MPH or so but the box truck airbags did not deploy and his neck was strained when he lurched forward. The dealership is saying it is because he did not hit dead on and only hit the side of the front end so the sensors did not pick up on it. The entire engine was pushed into the firewall nearly into his lap by the way. Do we have a case you think against the dealership for faulty equipment even though it was a company truck?

Also, workers comp is refusing to pay any bills or lost wages because he was the one who rear ended the people, is this legal? And if both victimes refused medical transport, would they be able to sue later for anything?

Asked on 6/08/10, 2:48 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Virginia is one of those states which adheres to the rule of contributory negligence, namely, that anyone who contributes in even the smallest way to causing an accident which results in damages, may not recover any of his or her losses (even if someone else involved was more culpable in causing the accident).

And, no, I would doubt that your husband would have any viable claim

against his employer for "faulty equipment".

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6/08/10, 9:26 pm

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