How can my Virginia auto accident case be affected by contributory negligence

Virginia’s contributory negligence law can profoundly alter the outcome of your auto accident case. This stringent rule may prevent you from obtaining compensation if the opposing party demonstrates that you bear just one percent of the fault for the crash. It is a harsh, all-or-nothing approach that may leave you empty-handed without an experienced and tenacious legal team fighting in your corner. With the help of an experienced Roanoke car accident attorney, you can optimize your chances of receiving the full and fair compensation you deserve.

What is Contributory Negligence?

Contributory negligence is a statute that applies when the injured party in a car accident is partially responsible for causing their injuries. Virginia is one of the few states still following this doctrine, which can have devastating consequences for auto accident victims.

The pure contributory negligence doctrine says you can be barred from receiving any compensation for your losses if an insurance company or a court finds you just one percent responsible for a collision. This rule applies regardless of the degree of negligence the other party involved in the accident may have displayed. No matter how minor your fault might be, you lose your right to receive any compensation in a contributory negligence state. Contact a Roanoke car accident lawyer today.

Will Contributory Negligence Affect an Insurance Claim for the Car Accident?

Yes. Contributory negligence can significantly affect an insurance claim after a car accident in Virginia. Insurance companies often leverage this law to deny or limit payouts. If an insurer can demonstrate that you were even slightly at fault in the accident, they can lean on the contributory negligence rule to refuse to compensate for your injuries and damages.

Fighting against such claims requires compelling evidence to establish the other driver’s complete responsibility for the accident. That’s why you need a determined and experienced Virginia car accident attorney in your corner who is unafraid to take on challenging cases and advocate aggressively for your rights.

What are Some Examples of Contributory Negligence?

There are several scenarios where contributory negligence might come into play in a motor vehicle accident case, such as:

• If you were speeding or breaking traffic laws at the time of the accident
• If you were distracted while driving (e.g., using a mobile phone)
• If your vehicle had maintenance issues that contributed to the accident

Each of these instances could potentially serve as grounds for a contributory negligence claim, shifting the blame onto you and eliminating your ability to receive compensation. Notably, failure to wear a seat belt does not constitute negligence or prevent you from recovering damages under Virginia law.

How Does Contributory Negligence Differ from Comparative Negligence?

Most U.S. states follow a comparative negligence model when apportioning fault for a car accident. In these places, the fault is divided among the parties involved in a crash. Each party receives a percentage of the blame, and an injured party can recover compensation reduced by their share of responsibility.

For example, under a comparative negligence system, if you were found 20 percent at fault in an accident and suffered $100,000 in losses, you could recover $80,000. In stark contrast, Virginia’s contributory negligence system would bar you from any recovery in the same scenario, even though the other driver was overwhelmingly at fault for the crash.

Is Virginia an At-Fault State?

Yes. Virginia is a fault state, which means the party deemed responsible for causing the accident is liable for any resulting harm, injuries, or losses. However, because of the contributory negligence rule, it becomes even more crucial to comprehensively prove that the other party was at fault. A minor error, like not signaling while changing lanes, could be used to argue that you contributed to the accident, potentially stripping you of your right to obtain compensation.

How Do You Prove the Other Driver is At Fault?

Establishing the other driver’s fault is pivotal in an auto accident case in Virginia. Trying to face this challenging ordeal alone may result in a failed claim, leaving you without recourse to seek justice and the money you need to cover your losses. A skilled and knowledgeable attorney will have the resources to thoroughly investigate why you deserve compensation.

Due to the harsh nature of the contributory negligence law, this process often requires the following:

• Collecting strong evidence – This includes police reports, photographs from the accident scene, witness testimony, and any available video footage.
• Consulting with accident reconstruction experts – Their insights can help establish how the accident occurred and who is at fault.
• Engaging a no-nonsense legal team – The attorneys at Lichtenstein Law Group PLC are not only aggressive and skilled negotiators. We are also experienced trial lawyers. We commit the necessary time, resources, and dedication to each case to help our clients fight for justice. Our seasoned Roanoke personal injury attorneys are prepared to counter the contributory negligence defenses often used by insurance companies to deny your claim for fair compensation.

Contact a Roanoke Car Accident Lawyer

Facing the insurance companies can feel like a David vs. Goliath battle, but you do not have to fight alone. The car accident attorneys at Lichtenstein Law Group PLC team are here to stand by your side and fight for your rights. When you hire us, we can build a solid case to counter any contributory negligence claims and aggressively pursue the compensation you are entitled to. Contact us online today for a free consultation with a proven Roanoke car accident lawyer.