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In every automobile injury accident case the Plaintiff must prove both negligence and damages flowing from the accident. It is not uncommon that drivers who cause an accident plead guilty or no contest to the traffic charge, but later deny fault in a civil case after they are sued for money damages.
In a recent ruling in Virginia Beach, a Circuit Court Judge ruled that the defendant driver’s payment of the fine would be admissible in evidence on the issue of negligence. Defense attorneys often argue that unless their client pleads guilty, what happened in the underlying traffic proceeding is not relevant, explains Virginia personal injury attorney Jeffrey Downey. However, the recently amended statutory law is clear in Virginia. Under Va. Code section 8.01-418, whenever a driver pleads guilty, no lo contendere (no contest), suffered a forfeiture (paid a fine) or was found guilty in absentia (in absence), the plea, finding or forfeiture is admissible in a civil proceeding.
The Court’s ruling can be found here.
John Wilson, a personal injury attorney in Norfolk, handled the case resulting in this ruling. The defendant denied liability in the civil case, which brought this issue to the forefront of the civil case. This is an important ruling explains Wilson. Now, unless the Defendant shows up to the traffic hearing and actually contests his/or traffic charge, the traffic charge and outcome will be admissible in a civil case.
This case also underscores the importance of contacting an attorney early in the process, whether you are a defendant or plaintiff. A person who causes a serious accident resulting in personal injuries needs to understand the implications of this ruling. An attorney representing Plaintiffs in a personal injury action should brief this issue for the Court and obtain a certified copy of the traffic court disposition so that the trial court can admit this important evidence.
About The Law Office of Jeffrey J. Downey, P.C.
If you or a family member were injured in an automobile accident, contact the law office of Jeffrey J. Downey for a free consultation. Mr. Downey has over 35 years of experience handling personal injury cases and started his career defending such matters for insurance companies.
The Law Office of Jeffrey J. Downey, P.C., offers legal guidance and representation to clients in Washington, D.C., Northern Virginia (including Arlington, Fairfax, Prince William, and Loudoun Counties, and cities like Alexandria and Falls Church), and Southern Maryland (covering Prince George’s and Montgomery Counties, with cities such as Bethesda, Silver Spring, and Rockville).
Contact Information
The Law Office of Jeffrey J. Downey, P.C.
McLean Virginia Office
8300 Greensboro Drive
Email: jdowney@jeffdowney.com
Suite 500, McLean, VA 22102
Phone: 703-564-7318
Fax: 703-556-7700 Web: https://www.jeffdowney.com/