Legal Question in Personal Injury in Virginia

Traffic Accidents

Nov. 2002 I was in an auto accident where I made a legal lft. hand turn durring a very busy business hour. Traffic was backed up at a red light. I was at a median in the middle of the road and the traffic (three lanes, Third lane being a turning lane not a through lane.)stoped and waved me through I looked both ways and proceded. Before I knew what had happened my car was full of airbag smoke. I had been hit and my car was totaled. I recieved no real injuries but the car driver of the one that hit me did. Now 2 years later I am being sewed for 49,000 plus exspences ect...what do I do?

Asked on 10/11/04, 12:09 am

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Traffic Accidents

No offense, because attorneys are always more into details than "normal" people, but there is never enough detail in these questions.

First, my colleagues advice is the best first step and frankly not what occurred to me, so take his advice immediately.

Second, I am assuming that you were driving in Virginia when the accident happened, although you live in Florida. Otherwise, I cannot imagine why you would be saying this relates to Virginia law. I am licensed in Virginia and I cannot give any opinion outside of Virginia law.

Third,, you say that you made a legal left turn but also say that the traffic "waved" you through. I don't understand what this exactly means, because if the traffic that you crossed through had a green light (but "waved" you through) then you were apparently at fault if you crossed in front of oncoming traffic. This is a common problem, if one lane of traffic "waves" you through but you can't see what the second lane of traffic is doing, and the second lane FAILS to stop. So if you got hit by the second lane of traffic who did not stop and "wave" you through, then you definitely would have "failed to yield the right of way" by crossing in front of that driver's line of travel where he had the right of way (a green light).

Fourth, however, all of this is speculation from a few words in your question. You need to obtain the police report from the County where this happened. Call the Virginia State Police and/or the Sheriff in the County where this happened. (It could be in a town or city where there is a town or city police force.) Did you get charged with a ticket? You need to check the court records, which a Virginia attorney can do for you. What the official records say is more important than my opinion or your opinion.

Fifth, like nearly everyone on this BBS, you don't tell us where this happened. I don't know if I can help you in Northern Virginia or if this is 6 hours' drive away from me in another part of Virginia. But if this is in a court in Northern Virginia, obviously you should get legal help. My colleague points out that your insurance company has an obligation to hire legal counsel for you and they usually desire to have their own attorneys do this. However, I am at your service for $95 per hour (increasing to $120 per hour in December if you don't lock in soon).

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Answered on 10/11/04, 1:48 pm
David Slater David P. Slater, Esq.

Re: Traffic Accidents

If you had liability insurance on your car, contact your insurance company. If not, contact an attorney. Good luck.

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Answered on 10/11/04, 8:36 am

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