What Is Comparative vs. Contributory Negligence in Virginia Truck Accidents?

Most states follow the doctrine of comparative negligence, which allows an injured person who is partly at fault for an accident to collect reduced compensation after being injured in circumstances such as a truck accident. However, Virginia follows the contributory negligence rule, which bars a plaintiff who is partly to blame for an accident from recovering damages.

The contributory negligence rule can adversely affect injured people in Virginia who sue for compensation. For this reason, it’s essential to hire an experienced truck accident lawyer to help you seek the compensation you need to move forward.

If a truck crash caused you to suffer serious injuries, an experienced personal injury attorney will understand the evidence you must provide to show another party’s responsibility and persuade the insurance company to offer a fair settlement. A skilled lawyer will also know how to respond to attempts by insurance defense lawyers to blame you for the truck accident.

What Is Negligence?

Virginia law specifies that an injury to a person or property may be the subject of a lawsuit in negligence cases. According to Virginia’s Model Jury Instructions, negligence is the failure to exercise reasonable care that any prudent person would have used in a similar situation.

In truck accident cases, negligence of a truck driver may involve any of the following:

• Driving under the influence of alcohol or drugs
• Speeding
• Driving while distracted by a mobile phone or anything else
• Tailgating
• Neglecting truck maintenance
• Driving aggressively
• Violating hours of service regulations and driving when dangerously fatigued
• Failing to secure cargo
• Ignoring dangerous road conditions.

Any of these behaviors can cause a truck accident. They are examples of the failure to use ordinary care. If a driver has engaged in negligent truck driving, they may be held liable for the harm they cause.

What Elements Are Necessary to Prove Negligence?

Under Virginia tort law, you must prove the following elements to establish that the truck driver or trucking company was negligent in your personal injury case:

• Duty of care — For instance, a truck driver has a legal responsibility to obey traffic laws and drive carefully to avoid causing an accident.
• Breach of duty — A truck driver who is exceeding the speed limit is not driving carefully to avoid an accident.
• Causation —A proximate cause is a cause that is sufficient to establish legal liability, such as a truck driver driving negligently, crossing into another lane, and sideswiping a vehicle.
• Damages —The plaintiff must have suffered actual losses such as medical expenses and lost income due to the accident.

According to Virginia’s Model Jury Instructions, when determining liability, a jury in a personal injury case must return a verdict in favor of the plaintiff if:

• The defendant was negligent.
• The defendant’s negligence caused the accident and the plaintiff’s losses.

However, the jury must rule in favor of the defendant if:

• The plaintiff failed to prove the defendant’s negligence.
• The plaintiff failed to prove the defendant’s negligence caused the accident and the plaintiff’s losses.
• The plaintiff’s negligence was one of the causes of the accident.

Why Does Virginia Use Contributory Negligence and Not Comparative Negligence?

According to the University of Richmond Law Review, contributory negligence has been part of common law since 1809, when a British judge in Butterfield v. Forrester ruled that any negligence on the plaintiff’s part barred collecting compensation in a personal injury case. At first, courts in all states followed this example and applied the contributory negligence rule, barring plaintiffs with even the slightest share of fault from recovering compensation.

However, the rule’s harshness struck many people as unjust. Over time, 46 states have replaced the contributory negligence rule with a comparative negligence rule. Under the comparative negligence rule, a plaintiff partly responsible for an accident can still collect compensation. However, the court will reduce it in proportion to the party’s share of fault in the accident.

Four states still apply the doctrine of contributory negligence. Virginia is one of them. In Virginia, generally, plaintiffs with any responsibility for an accident cannot collect compensation for the injuries and other losses they have suffered.

What Evidence Is Needed to Prove the Truck Driver Is Responsible for the Accident?

In Virginia, it is not sufficient to prove that the truck driver was primarily responsible for the accident and the injuries you suffered. For you to be eligible for compensation, your lawyer must also demonstrate that you had no responsibility at all for your injuries. That’s why you should find a skilled personal injury lawyer with extensive truck accident claim experience.

A lawyer who knows how to develop a truck accident lawsuit can gather evidence from many sources to prove the truck driver or trucking company was responsible. The types of evidence typically include the following items:

• The police report about the accident
• Photographs of the accident scene
• Video footage showing what happened
• Statements from eyewitnesses
• The testimony of accident reconstruction experts
• Data from electronic logging devices.

You can help your attorney by avoiding mistakes that often prevent injured people from seeking fair compensation. Follow these guidelines to protect your personal injury claim:

• Get medical attention immediately after the accident.
• Follow your doctor’s treatment plan and keep follow-up appointments.
• Gather photos, videos, and eyewitness contact information at the accident scene.
• Do not say anything that sounds like an apology.
• Do not admit complete or partial fault (or discuss fault at all).
• Contact a lawyer before providing a recorded statement to an insurance company.

It’s best to let your lawyer handle all your communications with auto insurance companies.

Contact a Virginia Truck Accident Lawyer

Lichtenstein Law Group PLC is a trucking accident law firm serving clients in Roanoke and surrounding communities. Our legal team has nearly 100 years of combined legal experience. We offer personalized service and broad legal experience. If you have suffered injuries in a Roanoke, Virginia, truck accident, our attorneys are available to answer your questions and guide you through the legal process. Contact us today to get started with a free consultation.