The Hogan Case Probably Wouldn’t Have Held Up in Virginia

November 23, 2009
By Mindy Weinstein

The civil lawsuit filed against Hulk Hogan and his son, Nick, wouldn’t have held up in Virginia.  According to the lawsuit, Nick was allegedly responsible for his passenger’s injuries.  His passenger, who was also his friend, was left in a permanent vegetative state following the accident.

The case stemmed from a serious car accident, in which Nick was the driver.  Supposedly, Nick was driving drunk when he crashed.  His passenger was a member of his car racing pit crew and had also been drinking.   The passenger made the decision to get into the car with an underage drunk driver.  He had to assume that the driver would speed and possibly race his vehicle.  Nick’s passenger also chose not to wear his seatbelt.

In Virginia, if it is determined that you were even one percent negligent in causing your injuries, then your case is not worth anything.  A Virginia judge and jury would have probably found that Nick’s passenger made certain actions that contributed to his own injuries.  Consequently, there would have been no case against Hogan.

There is an important lesson that can be learned from Hogan’s case.   You have to be cautious.  If you decide that you are not going to wear your seatbelt and another driver hits you, chances are, your case will be pretty weak.  If you agree to get into the car with a drunk driver and an accident occurs, you will not have a case.

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