Oftentimes after a car accident, each driver tries to blame the other for the collision and for the damage that has occurred. One driver may argue that the other was going too fast, while the other driver may claim that he or she was driving the speed limit, but the first driver failed to pay attention to the road.

Although it may seem like the driver who is more at fault should pay for the other driver’s damages, Virginia law prevents a negligent party from recovering any damages unless it can be shown that his or her negligence was not the proximate cause of the crash.

Virginia has a rule known as contributory negligence, which means a party to an accident cannot recover damages if they contributed to causing it, even if they were only one-percent at fault. By contrast, most states use a comparative negligence rule, which allows a negligent party to recover partial damages in an accident lawsuit as long as their negligence was not primarily responsible for a crash.

While the contributory negligence doctrine can make winning an auto accident case difficult, it’s not necessarily impossible. Even if you committed an act of negligence leading up to the accident, your conduct must have been a proximate cause.

For example, you might have failed to signal a lane change on a highway, but the other driver’s excessive speed was what actually caused the crash. You might also be able to produce evidence showing that the defendant had the last clear chance to avoid the accident, which can outweigh contributory negligence.

Talking with a knowledgeable automobile accident attorney as soon as possible after your accident can help you to evaluate your options and determine how to deal with the contributory negligence rule.

The accident attorneys at Becker, Kellogg & Berry, P.C., in Springfield, Virginia can help answer any questions you may have about bringing a lawsuit over your accident and whether other options are available. To set up a free initial consultation please call 888-312-5087 or contact us online.