Contributory Negligence in Virginia

In Virginia, contributory negligence is a legal doctrine that can prevent injury victims from recovering compensation if they are even 1 percent at fault for the accident. This means that if you contribute to your own injuries in any way, you may not be able to pursue a personal injury claim against the other party.

Contributory negligence is a severe rule that can have negative consequences for injury victims and their families. It’s one reason why it’s vital to work with an experienced Virginia personal injury attorney who can guide you through a complex legal case and fight for the compensation you deserve.

What Are Some Examples of Contributory Negligence?

Contributory negligence can take many forms in a variety of personal injury cases. Some common examples include:

• A pedestrian who is hit by a car while jaywalking or crossing the street outside of a designated crosswalk
• A driver who is speeding or distracted at the time of a car accident
• A person who slips and falls in a store after ignoring a wet floor sign
• A patient who doesn’t follow their doctor’s post-operative instructions and suffers complications as a result
• A product user who misuses or modifies a product

In each of these scenarios, the injury victim’s own actions may be considered contributory negligence, even if the other party was also at fault.

How Is Contributory Negligence Different from Comparative Negligence?

Virginia is one of only a handful of states still following the contributory negligence rule. Most other states have adopted some form of comparative negligence, which allows injury victims to recover compensation even if they are partially at fault for the accident.

Under a comparative negligence system, each party is assigned a percentage of fault, and their damages are reduced accordingly. For example, if you are found to be 10 percent at fault for a car accident, you can still recover 90 percent of your damages from the other driver.

In contrast, under Virginia’s contributory negligence rule, you are barred from recovering any compensation at all if you are found to be even 1 percent at fault. This means that even if the other party was 99 percent responsible for the accident, you could still have no legal recourse for your injuries and losses.

What Types of Cases Use Contributory Negligence?

Contributory negligence can apply to a wide range of personal injury cases, including:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip and fall accidents
• Medical malpractice
• Product liability
• Premises liability

Essentially, any case where the injury victim’s own actions may have contributed to their injuries can be subject to the contributory negligence defense. This is why it’s so important to be cautious and mindful of your actions in any situation with a risk of injury.

For example, if you are shopping in a store and see a wet floor sign, it’s crucial to note that warning and proceed with caution. If you ignore the sign and suffer a slip and fall injury, the store owner may argue that your own negligence played a part in your injuries – even if they were also at fault for not properly cleaning up a spill.

How Is Fault Determined in Virginia Personal Injury Cases?

In a Virginia personal injury case, the plaintiff (the injury victim) must prove that the defendant (the at-fault party) was negligent and that caused the plaintiff’s injuries.

However, the defendant can raise contributory negligence as a defense, arguing that the plaintiff’s own negligence contributed to their injuries. If the defendant can prove that the plaintiff was even 1 percent at fault, the plaintiff will be barred from recovering any compensation.

Fault is typically determined through an investigation of the accident, including gathering evidence such as police reports, witness statements, and expert testimony. Your Virginia personal injury lawyer will work to build a strong case on your behalf and counter any allegations of contributory negligence.

How Can I Defend Against Liability?

If you suffered injuries in an accident in Virginia, it’s essential to take steps to protect your legal rights and defend against allegations of contributory negligence. Some key strategies include:

• Seeking medical attention immediately and following your treatment plan
• Gathering evidence at the scene of the accident, including photos, witness contact information, and police reports
• Avoiding admitting fault or apologizing for the accident
• Being cautious when speaking with insurance adjusters and not giving a recorded statement without talking to an attorney
• Contacting a Virginia personal injury lawyer as soon as possible to discuss your case and explore your legal options

It’s also essential to be proactive in your own recovery and take steps to mitigate your damages. This means following your doctor’s orders, attending all scheduled medical appointments, and keeping detailed records of your expenses and losses related to the incident. By taking an active role in your own case, you can help your attorney build the strongest possible claim on your behalf.

Contact a Virginia Personal Injury Lawyer

If you have been injured in an accident in Virginia, don’t let the harsh contributory negligence rule prevent you from seeking the compensation you need and deserve. The team at Lichtenstein Law Group PLC understands Virginia’s contributory negligence law and knows how to build strong cases that can withstand this defense. We’ll work tirelessly to investigate your accident, gather evidence, and advocate for your rights every step of the way.

Don’t wait to take action. Call Lichtenstein Law Group PLC today to get started on your path to recovery.