If you were involved in an accident and suffered an injury, you may choose to pursue compensation for the resulting expenses and losses through a personal injury claim. But what happens if the other party says the accident was your fault? Under Virginia’s contributory negligence rule, you could be barred from financial recovery.
What Is Contributory Negligence Under Virginia Law?
Contributory negligence is a legal doctrine that bars injured parties from recovering compensation if they are found to bear even 1 percent of the liability in personal injury claims. Virginia is one of the few states that still follows this strict rule in personal injury cases.
Other states use comparative negligence standards, whereby accident victims can still recover compensation even if they contributed to the accident. In these comparative negligence states, personal injury victims’ compensation is reduced by their own neglect. This is not the case for a Virginia accident due to our state’s contributory negligence laws.
How the Contributory Negligence Rule Affects Liability in Personal Injury Cases
The contributory negligence rule can have harsh consequences for injured Virginians. If the defendant can show that the plaintiff contributed in any way to causing the accident, they may avoid all liability. This rule applies in car accidents, slip-and-fall cases, and other personal injury claims.
Since insurance companies stand to save a lot of money if they can prove a plaintiff caused or contributed to their injuries, they’re likely to deny or aggressively defend claims. For this reason, plaintiffs must be prepared for the defendant to raise the contributory negligence defense and shift blame.
Proving Fault Under Virginia Negligence Compensation Rules
Because Virginia negligence compensation rules bar recovery if the injured party shares any blame, the plaintiff must prove the defendant’s total fault to recover damages following a personal injury. Even minor mistakes, such as crossing outside a crosswalk or failing to notice a hazardous property condition, can result in a complete denial of compensation to the plaintiff.
To build a strong case, your personal injury attorney can conduct a detailed investigation into how the accident occurred. They focus on gathering facts that show the defendant acted negligently while the injured person used reasonable care, looking for inconsistencies in the defense’s version of events and identifying evidence that supports their client’s account. Depending on the circumstances of the accident, an experienced Charlottesville personal injury lawyer may review and gather the following types of evidence:
- Police accident reports or incident documentation
- Witness statements and interviews
- Surveillance video, dashcam, or traffic camera footage
- Photographs of the scene, injuries, or damage
- Medical records showing the nature and severity of injuries
- Cell phone records, especially in distracted driving claims
- Expert analysis from accident reconstructionists, industry experts, or medical experts
These types of evidence can help establish that the defendant’s actions alone caused the harm. Because of Virginia’s strict pure contributory negligence rule, presenting clear and credible proof is often the difference between receiving compensation and being left with nothing.
Contact a Virginia Personal Injury Lawyer About Contributory Negligence
Because the contributory negligence Virginia law could jeopardize your right to compensation after an accident, you need the support of a skilled personal injury attorney who can fight back against attempts to blame you for your injuries. Kendall Law Firm is a community-focused personal injury law firm with over 30 years of experience. We work exclusively for individuals like you, not for big corporations or insurers. Contact us 24/7 to arrange a free consultation to discuss your legal rights and options.
