I recently wrote about Hulk Hogan and a lawsuit he filed against his former attorneys. His attorneys represented him in a civil case following a 2007 accident.
In the accident, Nick Hogan was racing another car while he was intoxicated. His passenger was a 22 year old Marine who was also intoxicated. The passenger was left in a permanent vegetative state after the resulting accident.
The first lawsuit alleges that Nick Hogan is liable for the injuries sustained by his passenger. This lawsuit (and the second one) would not have happened in Virginia. As we have mentioned before, Virginia is a contributory negligent state. If you are responsible for your injuries, even 1% responsible, you cannot recover damages after an accident.
The passenger had been drinking, and agreed to get into a car with an underage intoxicated driver. He knew that the driver was likely to drive fast and possibly race. The passenger made the decision to not wear his seat belt.
In Virginia, the passenger is responsible for putting himself in that position. A Virginia judge and jury may agree that his actions contributed to his injuries. Thus, he would not have a case against the Hogan's in Virginia.
The important thing here is not the Virginia law and whether it's "right" or "wrong", but that it's easy to ruin a case before the accident happens. If you don't wear your seat belt and you get hit, you can guarantee your case will be weak. If you get in the car with a drunk driver and get injured, you have no case.
Don't put yourself in positions to be injured with little to no legal recourse, especially not in Virginia.
If you have been in an accident, download our FREE report on accident cases in Virginia. You can download Five Deadly Sins that will Wreck Your Injury Claim at our website!