What if two or more people are at fault for the same accident?

Two or more people may be at fault for the same accident in Virginia. This is known as shared liability or joint and several liability. In this situation, each party is held responsible for the entire damage of the accident, regardless of the percentage of fault each driver is assigned. In other words, if two or more people are found to be liable for an accident, each person can be held responsible for the entirety of the damages incurred. In Virginia, if one party is found to be more than 50 percent at fault for the accident, the other party may be absolved from any liability, depending on the circumstances. In all other cases, both parties may be held liable for the same accident. Each party may then seek to have the other parties involved in the accident file a claim under their own insurance and attempt to settle the claim among themselves. If the parties are unable to reach an agreement, the case may be taken to a court trial, where a jury will decide who is at fault and the amount of damages to be awarded. The court will consider all applicable evidence, including witness statements, photos of the accident scene, and any police reports that may have been completed. At the conclusion of the trial, the court will assign a percentage of culpability to each driver. Each driver will then be held legally responsible for any damages based on their portion of fault.

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What if two or more people are at fault for the same accident?

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