VA state law may assign percentages of fault. More common in "no fault" states for insurance purposes to assign blame. Must be done by the responding officer or in court.

Failure to signal is a misdemeanor and can be pleaded down to improper equipment (possible light bulb failure). Legal precedence always "faults" the car behind for following too closely. VA statutes also state recommended following distances for various speeds, failure to maintain these distances may allow for a reckless driving charge. Due to the description of the road above, illegal pass as well. Bring this up if the no signal issue is raised as a signal is also required to pass, with a minimum of 2' distance to the side.

Oh yeah, I'm not a lawyer or anything. Just know the laws. No tickets or accidents on my clean driving record.