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I’m Paul Hernandez, personal injury attorney at Kalfus and Nachman practicing in Virginia
and North Carolina. I tell you that because I want to talk to you about a body of law
that is common in both North Carolina and Virginia, that’s called contributory negligence.
Let me tell you what contributory negligence is. First, you must understand the concept
of negligence. Negligence, in the context of an automobile accident, is when you operate
a motor vehicle you have a duty to drive it safely. You have a duty to make sure you keep
a proper lookout that you’re not crashing your car into other people’s cars. If you
do, then you’re negligent and you’re responsible for all the harms and losses that you caused.
In Virginia and North Carolina though, if you’re injured as a result of someone else’s
negligence and that other person can prove that you were also negligent and that that
negligence either contributed to the accident or your injuries, you recover nothing. Yes,
I said nothing. You will recover nothing. You will not recover for your personal injury.
You will not recover for your medical bills. You will not recover for your pain and suffering
or your lost wages. You do not compare your negligence to the person that caused your
accident and your negligence; you simply do not get anything. And the reason why I bring
this to your attention is there are only 4 states in the District of Columbia that still
have this law. Why is it important? It’s important because when you get involved in
a motor vehicle accident and the defendant (or the person who caused the accident) insurance
company is giving you a call, they’re going to want to take your recorded statement. They’re
going to want to take your recorded statement before you speak to a lawyer because they
don’t want you to be prepared for that statement. These insurance adjusters are trained to ask
you specific instructions to make it look like you were partially at fault for your
accident. They do that specifically because they want to deny your claim if they have
the opportunity. If they can show you are partially at fault, in Virginia and North
Carolina, you get nothing. If you were involved in an automobile accident in Virginia or North
Carolina, call an experienced personal injury attorney before you talk to the insurance
company. You will have the opportunity to speak to an attorney that will assist you
and prepare you if you have to give a recorded statement. What I want you to do, if you’re
involved in an accident, pick up the phone, call me. It’s a toll free call. I’m Paul
Hernandez and thanks for watching.