Whenever an accident occurs, one of the key points of contention is who was responsible for causing it. While it is common for one party to be solely responsible, in many cases, the person filing the claim could also be partially responsible for the crash.

Contributory negligence is a legal doctrine in Virginia that applies to personal injury claims and considers how much each party in a legal proceeding may have contributed to an accident.

In many states, the fact that a plaintiff bears some responsibility for their own injury does not prevent them from collecting damages as long as they are less than 50 percent responsible for their own injury. Virginia, however, is a pure contributory negligence state, and therefore much less lenient. The law requires that the defendant be 100 percent responsible for the accident and injuries that resulted for the plaintiff to be able to recover any damages. In other words, a plaintiff cannot have contributed to their own injury in any way in order to be successful in a lawsuit. The only exception for Virginia’s pure contributory negligence rule is where a plaintiff was injured while on a bus, plane or other common carrier, if the carrier violated a safety code.

Bringing an injury claim in Virginia, as a result, can be very challenging, though not impossible. Plaintiffs must be confident that they were not at fault for the injury that occurred and be able to prove it. They should also anticipate that any defendant will attempt to raise the argument that the plaintiff is partially responsible, even if only partially.

Insurers may be quick to deny a plaintiff’s claim if there is any suspicion whatsoever that the plaintiff could be at fault. An experienced Virginia personal injury attorney with experience in handling cases involving Virginia’s pure contributory negligence rule can often help in evaluating whether a plaintiff’s potential claim is likely to succeed under such a rigorous standard and, if so, what evidence is necessary to win at trial. 

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