Personal injury laws and information in the State of Washington 

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Like every other state, if you’ve been injured as a result of the carelessness and negligence of somebody else, the State of Washington allows you to file a lawsuit seeking compensation for your damages. Certain time limits apply, though. The general rule in Washington is that you must file your lawsuit against anybody who you claim to be responsible for your injuries within three years of the date of the occurrence. In cases involving assault and battery or defamation, the period could be as short as two years. If your case involves the State of Washington or any governmental entity or agency in the state, certain strict notice provisions also apply. If you fail to comply with those notice provisions, your case can be dismissed forever, even if your lawsuit is timely filed. 

Types of personal injury cases in Washington

 Most of the personal injury cases filed in Washington involve the law of negligence arising out of motor vehicle collisions, premises liability, product liability, and wrongful death. To prove liability in these cases, the claimant must ordinarily prove that:

  • The person who they claim to be liable for their injuries owed them a duty
  • There was a breach of that duty
  • The breach of that duty caused the claimant’s injuries and damages
  • The injuries and damages claimed are legally recognized

 If the person who claims injury through negligence fails to prove any one of those elements, the entire case falls.

Comparative negligence

 Sometimes the person alleged to be responsible for a claimant’s injuries alleges that the claimant was also careless and negligent. That’s called the law of comparative negligence, and if proved, the percentage of negligence attributable to the claimant is deducted from his or her gross damages award. For example, if the gross award is $100,000, and the claimant was determined to be 30 percent at fault, his or her net award would be $70,000.

 The law of personal injury is highly complex, especially if it involves medical negligence or when a person claims to have been injured by a dangerously defective product. Due to the complexity and costs involved in bringing personal injury cases, many attorneys don’t take them.

 We handle every aspect of every personal injury case that comes into our office from the beginning to the conclusion. Contact us right away after an accident for a free consultation and case evaluation.

Information on Reckless Driving Laws in Virginia

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Virginia, like other states in the United States, has its own set of reckless driving laws. Drivers can be arrested and convicted for driving recklessly when they are traveling at a speed or manner that can endanger the life of a person, cause serious injury such as loss of limb or cause significant damage to property.

Various Traffic Laws Regarding Reckless Driving

The law includes 13 traffic violations that fall under the category of reckless driving. If these are proven, it automatically means an individual was recklessly driving. These laws include the following:

• Driving with faulty brakes or without control of a vehicle per Va. Code Ann. 46.2-853
• Passing unsafely on a curve or hill crest per Va. Code Ann. 46.2-854
• Driving with too many people in the front seat that it interferes with the driver’s view and ability to properly operate the vehicle per Va. Code Ann. 46.2-855
• Passing alongside two vehicles on a road that includes less than three lanes in either direction per Va. Code Ann. 46.2-856
• Driving alongside another vehicle while traveling on a road with a single lane per Va. Code Ann. 46.2-857
• Passing at a railroad crossing on a one-lane road per Va. Code Ann. 46.2-858
• Failing to stop when approaching a school bus that is stopped per Va. Code Ann 46.2-859
• Not properly using turn signals per Va. Code Ann. 46-2.860
• Traveling at an unreasonable speed regardless of traffic conditions and circumstances and ignoring posted speed limit per Va. Code Ann. 46-2.861
• Exceeding the speed limit by at least 20 mph or driving faster than 80 miles per hour per Va. Code Ann. 46-2.862
• Not properly stopping before entering a highway from a side street per Va. Code Ann. 46-2-863
• Racing another vehicle per Va. Code Ann. 46-2.865
• Entering a “HOT” (high occupancy toll) lane while crossing a barrier, buffer or other type of separator

Penalties for Reckless Driving in Virginia

Generally, the penalties one faces for reckless driving in the state of Virginia depend on certain factors. However, it is typically charged as a class 1 misdemeanor and individuals convicted of reckless driving can face as long as six months in jail and possibly a fine of $1,000. If the offense included using a cell phone unlawfully, the individual faces an additional fine of $250.

In addition, the individual can see their driver’s license suspended for up to six months. They can also expect four or six points placed against their driving record. With an offense that includes street racing, the license is suspended for six months to two years and the vehicle may be ordered for forfeiture.

If you are arrested on charges of reckless driving in Virginia, it’s important to speak to a skilled reckless driving attorney in Virginia. It’s your best bet for having the charges against you reduced or even dropped.

Source: http://www.drivinglaws.org/resources/traffic-tickets/traffic-laws/reckless-driving-virginia-misdemeanor.htm