Virginia Contributory Negligence Laws

When it comes to personal injury claims in Virginia, negligence is a fundamental factor that can make or break a victim’s ability to collect a settlement. The state has a strict liability law, referred to as contributory negligence, that calculates the extent of fault and determines if a settlement for the victim is even possible. Currently, only four states use contributory negligence laws.

Since the doctrine of contributory negligence can significantly impact your ability to recover damages after an accident, consulting with a well-versed Richmond personal injury lawyer may be necessary when filing a claim.

Let’s explore what contributory negligence means, how it works in Virginia, and what you need to know if you find yourself in a personal injury situation.

If you have additional questions about how this law impacts your claim specifically, a consultation with one of our Heavy Hitters® is free of charge for the first consultation.

What Is Contributory Negligence?

Contributory negligence is a legal doctrine that holds that if a person is found to be even slightly at fault for an accident, they may be barred from recovering any damages.

This means that if you were involved in an accident and the court finds that you contributed to the cause of that accident, you could be denied compensation, regardless of the other party’s negligence.

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Does Contributory Negligence Affect All Personal Injury Cases?

Yes. To better understand how contributory negligence works, refer to the following examples:

Imagine you are driving and get into an accident because another driver ran a red light. However, it was determined that you were speeding just before the accident. Even with the help of a Richmond car accident lawyer, if the court finds that your speeding contributed to the accident, you may be barred from recovering any damages.

Additionally, suppose you slip and fall in a grocery store due to a wet floor. If it is revealed that you were not paying attention to your surroundings and were running, a Richmond slip and fall accident lawyer won’t be able to help you. The store may argue that your actions contributed to the fall, potentially preventing you from receiving compensation.

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How does Contributory Negligence Work in Virginia?

Virginia is one of the few states that still adheres to the strict rule of contributory negligence. Here’s how it works:

Determining Fault

In a personal injury case, both parties’ actions are evaluated to determine fault. If you are found to have contributed to the accident in any way, even by just 1%, you may be unable to recover damages.

Burden of Proof

The burden of proof lies with the plaintiff (the injured party) to demonstrate that the defendant was entirely at fault for the accident. If the defendant can show that the plaintiff was at all negligent, the plaintiff’s claim may be dismissed.

Impact on Compensation

If you are found to be partially at fault, you will not receive any compensation for your injuries, lost wages, or other damages. This can be particularly harsh compared to comparative negligence systems used in other states, where a plaintiff can still recover damages even if they are partially at fault.

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Are There Exceptions to Virginia’s Contributory Negligence Laws?

While Virginia’s contributory negligence law is strict, there are some exceptions where you may still recover damages:

Last Clear Chance Doctrine: If the defendant had the last clear chance to avoid the accident but failed to do so, the plaintiff may still recover damages, even if they were partially at fault.
Intentional Torts: If the injury was caused by an intentional act (like assault), contributory negligence may not apply.
Negligence Per Se: If the defendant violated a safety law or regulation, they may be held liable regardless of the plaintiff’s actions.

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How to Protect Yourself if You Shared Fault in an Accident in Virginia

Understanding contributory negligence is essential for anyone involved in a personal injury case in Virginia. To protect yourself, implement the following tips:

Document Everything: After an accident, gather as much evidence as possible. Take photos, collect witness statements, and keep records of medical treatments and expenses.
Avoid Admitting Fault: Be cautious about what you say at the scene of an accident. Even a small admission of fault can be used against you later.
Consult a Personal Injury Lawyer: If you are involved in any type of accident, it’s wise to consult with a personal injury attorney who understands Virginia’s contributory negligence laws. Having a trusted legal advocate will ensure that there are no loopholes that could allow you a settlement and that your rights are protected.

What Should You Do if You’ve Been Injured in a Shared Fault Accident?

If you’ve been injured in an accident and are concerned about contributory negligence laws in Virginia impacting your right to compensation, take the following steps:

Seek Medical Attention: Your health is the top priority. Get medical help immediately, even if your injuries seem minor.
Contact a Lawyer: Reach out to a personal injury lawyer who can evaluate your case and provide guidance on how to proceed.
Gather Evidence: Collect all relevant information related to the accident, including police reports, medical records, and any correspondence with insurance companies.
Stay Informed: Educate yourself about your rights and the legal process. Understanding Virginia’s contributory negligence law can empower you to make informed decisions.

If you find yourself in a situation where you’ve been injured, the Pendleton Law Team can help you understand how these laws may affect your ability to recover damages.

Contact us today to connect with a knowledgeable personal injury attorney in Richmond who can help you fight for the compensation you deserve.

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