Since you were not the person behind the wheel, you might assume you are automatically eligible for a personal injury claim in a motor vehicle accident. While this assumption is common, it is always better to err on the side of caution and carefully reassess your situation.
What does the law say?
Remember that Virginia follows the doctrine of pure contributory negligence. Under this rule, if an injured party contributed even slightly to the accident, the court may bar them from recovering any damages. While being intoxicated doesn’t mean that you contributed to the accident, if it caused you to engage in a specific negligent act that led to the accident, you may be barred from making any claim at all.
When might a passenger lose a claim?
There are certain situations where you might lose a claim as a passenger. Common scenarios include:
- You knowingly rode with an intoxicated or impaired driver.
- You engaged in distracting behaviors, such as horseplay or loud conversation.
- You interfered with the operation of the vehicle.
Understanding these potential pitfalls is critical when preparing your case, as each one can significantly impact your ability to recover damages.
Build a strong case
Being an intoxicated passenger does not automatically disqualify you from filing a personal injury claim, but it does require a careful evaluation of your role in the incident. Because of Virginia’s pure contributory negligence law, even the smallest degree of fault can jeopardize your recovery. The key is to act swiftly, gather strong evidence and work with an experienced motor vehicle accident attorney who can strategically build your case and protect your right to fair compensation.
