Negligence Per Se in Virginia Aggressive Driving Cases: What Harrisonburg Crash Victims Should Know

 

When aggressive driving leads to accidents in Harrisonburg, Virginia, the legal doctrine of negligence per se can significantly strengthen an injury claim. This principle establishes automatic negligence when a driver violates specific traffic safety laws, particularly those designed to prevent aggressive driving behaviors like tailgating, improper passing, or failing to yield right-of-way. For Harrisonburg residents pursuing personal injury claims, understanding negligence per se is crucial as it can streamline the process of proving fault. The doctrine applies when the defendant's violation of a safety statute directly causes injuries that the law was intended to prevent. In aggressive driving cases, this often involves violations of Virginia Code § 46.2-868.1, which explicitly defines and prohibits aggressive driving behaviors. When combined with evidence of injuries and damages, establishing negligence per se can help victims recover compensation for medical expenses, lost wages, and pain and suffering.

Legal Rights and Considerations

Virginia law provides specific protections for victims of aggressive driving accidents. Under Virginia Code § 46.2-868.1, aggressive driving is a Class 2 misdemeanor, elevated to a Class 1 misdemeanor if committed with intent to injure another person. The statute of limitations for personal injury claims in Virginia is two years from the date of the accident. Virginia follows the strict contributory negligence rule, meaning victims cannot recover damages if they are found even slightly at fault. Insurance requirements in Virginia mandate minimum liability coverage of $30,000 per person and $60,000 per accident for bodily injury. Victims may seek compensation for medical expenses, lost wages, property damage, pain and suffering, and in some cases, punitive damages when aggressive driving behavior shows willful or wanton disregard for safety. An experienced Harrisonburg personal injury lawyer will handle all aspects of the legal claim.

 

Aggressive driving can be a cause of all kinds of injury accidents. Click the links below to get information from an experienced attorney for accidents and injuries including:

Related Resources

Local Courts

  • Rockingham County Circuit Court
  • Harrisonburg General District Court
  • Rockingham County General District Court

Support Services

  • Virginia Victim Assistance Network
  • Brain Injury Association of Virginia
  • Virginia State Police Victim Services

Legal References

  • Virginia Code § 46.2-868.1 (Aggressive Driving)
  • Virginia Driver's Manual - Aggressive Driving Section
  • Virginia Department of Motor Vehicles Traffic Safety Programs
  • Rockingham County Sheriff's Office Traffic Division
  • Virginia Highway Safety Office

Return to the Harrisonburg aggressive driving information page

Most recent accident reports

 

A tragic collision occurred on January 23, 2024, in Rockingham County, Virginia, resulting in one fatality and another person injured.

Date: 
Thursday, January 23, 2025
Roadway: 
Route 33

 

In the early morning hours of Friday, December 20, 2024, a tragic single-vehicle accident in Harrisonburg claimed the life of 40-year-old Jeremy Grear and left a

Date: 
Friday, December 20, 2024
Roadway: 
Waterman Drive
Type: Car Accident