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Can I recover if I got a ticket after the accident?

My name is Brandon Osterbind, and I am an attorney at Overbey, Hawkins & Wright. Sometimes, folks will ask if they can still recover if they got a ticket after a collision that caused injuries.

In Virginia, you cannot recover for your injuries if you are at fault in the accident and your fault proximately caused your injuries. This rule is an old common law rule called contributory negligence. It only exists in a handful of states, and most states have abolished or modified the rule. Virginia has not. If you were negligent in an accident, and your negligence caused your injuries, even slightly, then you cannot recover. If the other driver’s negligence caused your injuries, you should contact a Virginia lawyer to determine if you can recover for your harms and losses.