Is Virginia a Contributory Negligence State? 2024

 Posted on August 28, 2024 in Truck Accidents

When you or a family member has been injured in an accident, it is important to know how to prove negligence if you intend to hold another party accountable for the damages you sustained. However, if an injured victim believes they are partially responsible for the accident, they are likely to wonder, is Virginia a contributory negligence state? Under the contributory negligence rule, a plaintiff’s shared fault bars them from claiming compensation.

Explaining the Contributory Negligence Rule in Virginia

If you have suffered any type of personal injury, proving liability for the injury will be an essential step in recovering compensation for the damages you suffered. If another party is responsible for causing the injury, they are liable for the resulting damages. However, the state’s contributory negligence rule will apply to your case if you bear any partial responsibility for causing the accident, however slight.

Under the contributory negligence rule, the plaintiff must prove that the defendant is 100% at fault for causing the damages. It is possible for more than one defendant to share fault for the personal injury, in which case each will be assigned a corresponding fault percentage. However, if the plaintiff is found partially at fault, it negates their ability to claim compensation from any other liable party.

Even if the plaintiff is found just 1% at fault, it will bar them from recovery under the contributory negligence rule. Many believe this rule to be unfair and overbearing, and it is common for defendants in Virginia personal injury cases to assert contributory negligence whenever they see an opportunity to do so in their efforts to avoid liability for the personal injuries they have caused.

Building a Strong Personal Injury Case

Depending on the type of accident you experienced, your recovery may require filing an auto insurance claim, building a personal injury suit, or exploring a combination of multiple legal options. The standard of proof in a civil case is a preponderance of the evidence, meaning the plaintiff’s evidence must show the defendant is more likely than not at fault for the damages. It’s vital to prepare for the defendant to launch a counterargument against you.

An experienced Virginia personal injury lawyer can help you gather various types of evidence for proving fault, and the types of evidence you will need will vary based on the nature of the accident that caused your personal injury. For example, proving fault for a car accident will require very different evidence than proving liability for a slip and fall on private property. The first steps you take immediately following a personal injury are crucial.

You should consult an experienced attorney immediately after receiving medical care for your injuries so they can start building your case. If you are questioned by police after a car accident in Virginia, do not say anything that could be misconstrued as an admission of fault, and do not discuss any type of settlement with an insurance carrier before consulting your attorney. The quicker you secure legal counsel, the more likely you are to reach a positive outcome to your case.

Contributory Negligence FAQs

Q: How Do You Prove Fault for an Accident?

A: You can prove fault for an accident in Virginia by leveraging physical and digital forms of evidence along with testimony from witnesses who saw the accident happen. Photos of the scene of the crash and the police report from the accident will be essential pieces of evidence, and a good attorney can secure traffic camera footage, if available, cell phone records, and witness statements to help you prove liability for the accident.

Q: What Happens if a Defendant Falsely Alleges Contributory Negligence?

A: If a defendant falsely alleges contributory negligence, you will need to disprove their allegation to preserve your ability to recover compensation. The state follows a contributory negligence rule, meaning if a plaintiff is found at fault for causing their damages, they lose the right to claim compensation from the defendant. Your attorney can leverage all available evidence for you to firmly prove the defendant’s fault.

Q: What Is the Exception to Contributory Negligence?

A: There are some exceptions to the contributory negligence law in Virginia. If the victim was a young child, then contributory negligence may not apply. It is also possible to prove that the defendant had the last clear chance to avoid the accident but failed to do so. However, asserting this means proving the defendant could have avoided the accident with reasonable care and that the plaintiff was unaware of the danger.

Q: What Damages Can I Recover in a Personal Injury Case?

A: It is possible to recover several types of damages in a personal injury case. The purpose of this type of civil claim is for the injured plaintiff to hold a defendant accountable for the damages they suffered and to secure the compensation they need to be as whole as possible again. An injured plaintiff is able to seek compensation for medical treatment costs, lost wages, property damage, and the pain and suffering they experienced.

Q: Why Should I Hire an Attorney for My Personal Injury Case?

A: You should hire an attorney for your personal injury case if you want to ensure the greatest chance of success with the claim. The right attorney can have a significant positive impact not only on your experience with your proceedings but also on the quality of the recovery you obtain. You will have an easier time dealing with insurance companies, building your case, and recovering fair compensation with an attorney advising you.

The team at Whitlock Law, LLC, can provide compassionate and results-driven legal counsel for your impending case. The contributory negligence rule is a major roadblock to recovery if a plaintiff bears partial fault for their injury, but the right attorney can explain whether an exception applies in your case or how to disprove a false accusation from a defendant. Contact us today to schedule a free consultation and learn how we can help.