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What Is Contributory Negligence in a Car Accident Lawsuit?

 Posted on January 30, 2025 in Car Accidents

Fairfax, VA car crash attorneyEvery state has its own interpretation of negligence in car accident lawsuits. Most states use a model of comparative negligence, in which a plaintiff can get a portion of compensation even if he or she was partially at fault. 

Virginia has an all-or-nothing approach to car accident lawsuits, known as contributory negligence. This law is very strict and it could be used to deny you compensation if you were injured in a car wreck. At Whitlock Law, LLC, our Fairfax, VA personal injury attorneys can give you legal advice after a car accident and represent you in negotiations with insurance companies. When you work with us, you will receive individual attention from our small firm, getting the benefit of our advocacy and representation until your case is resolved.

Defining Contributory Negligence

In Virginia, contributory negligence applies to all personal injury claims, including car accident damages. Under contributory negligence, you cannot collect any compensation for a car accident if you shared fault for the crash. 

Contributory negligence applies even if you were only one percent responsible for the accident. For example, if you were going two miles over the speed limit when another driver blows a red light and hits you at an intersection, you could be denied payment. As such, it is important that you work with a skilled personal injury attorney to make sure you get what you are owed.

Avoiding Blame For an Accident

Getting compensation for a car accident claim in Virginia can be an uphill battle. The insurance company of the driver at fault will likely try to avoid paying you at every opportunity. After a crash, avoid saying anything that could be interpreted as admitting guilt. Something as simple as apologizing to the other driver could be used against you when filing a claim. 

Even if you cannot deny partial blame for an accident, you might still be able to recover compensation. The last clear chance doctrine allows plaintiffs to recover damages if the defendant had the opportunity to avoid the accident up until the last second. If you can successfully shift the blame for the accident to the defendant’s negligence, you may be able to get compensation.

How a Lawyer Can Help

A Virginia personal injury lawyer can help you maneuver around the state’s contributory negligence laws. At Whitlock Law, LLC, we will launch a full investigation into the circumstances behind the crash, doing everything we can to prove that you were not at fault. We will document any evidence we find relevant, including pictures of all vehicles involved in the accident, eyewitness statements from passengers, and any footage of the crash.

We can also represent you in negotiations with the at-fault driver’s insurance company. Our attorneys will aggressively defend you against any claims of fault, pushing for full compensation based on all of your damages.

Meet With a Loudoun County, VA Car Accident Attorney

Dealing with contributory negligence in Virginia can be tricky. At Whitlock Law, LLC, we will do everything we can to help you build an airtight case for compensation after a car crash. Our Fairfax, VA personal injury lawyers have the skills and resources to help you after any auto collision. Call us at 301-565-1655 to schedule a consultation.

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