The Virginia Rules of Evidence define hearsay as “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the Continue Reading
Virginia law prohibits a vehicle from stopping in the roadway in a way that impedes or renders dangerous the use of the roadway by others, except in the case of Continue Reading
The Virginia Rules of Evidence Yes. According to the Virginia Rules of Evidence, statements offered against a party are considered admissions by a party opponent and are an exception to Continue Reading
Statements made by a witness who is unavailable for trial Yes. In Virginia, statements made by a witness unavailable for trial, which tend to incriminate the person who made the Continue Reading
In Virginia, lawsuits for wrongful death are brought by and in the name of the personal representative of the deceased person’s estate, not in the name of the deceased person Continue Reading
Maybe. In Virginia, the sudden emergence doctrine will excuse the driver of a vehicle from liability if certain conditions are met which establish that the driver was responding to a Continue Reading
Generally speaking, a person injured in a car accident has two years from the accident date to bring a personal injury lawsuit. The statute of limitations requires that personal injury Continue Reading
Yes. Virginia’s “dead man’s statute” creates an exception to the hearsay rule for statements made by persons incapable of testifying. According to the Virginia Code: In an action by or Continue Reading
Yes, if the person responsible for the accident acted within the scope of their employment at the time of the accident. Under the doctrine of respondeat superior, an employer can Continue Reading
Virginia police crash reports No. In Virginia, police crash reports are inadmissible in any trial. Furthermore, no reference can be made to a police crash report by a witness or Continue Reading
Maybe, if an exception to the hearsay rule applies to the 911 call. The present sense impression exception is one exception to the hearsay rule that might permit the admission Continue Reading
Maybe. Under certain circumstances, the medical emergency doctrine may apply to the facts of a car accident. In cases where the doctrine applies, the defendant in a personal injury lawsuit Continue Reading