Understanding Contributory Negligence in Virginia: What It Means for Your Personal Injury Claim
When you’re injured in an accident, one of the first questions that comes up is, “Who was at fault?” In many states, even if you’re partially to blame for the accident, you can still recover compensation. But Virginia follows one of the strictest legal standards in the country: contributory negligence—not comparative negligence like in most states. This can make personal injury claims particularly challenging.
What Is Contributory Negligence?
Virginia is one of only a handful of states that still use pure contributory negligence, which means that if you are found even 1% responsible for your injury, you are completely barred from recovering damages. This rule applies to all types of personal injury cases, including car accidents, slip-and-falls, and medical malpractice claims.
How Contributory Negligence Affects Your Case
Because of this strict rule, insurance companies often try to shift even a small portion of blame onto the injured person to avoid paying out a claim. For example:
If you were hit by a speeding driver but you were also looking at your phone when crossing the street, they may argue you contributed to the accident.
If you slip and fall in a store but the business claims you weren’t paying attention, your claim could be in jeopardy.
Exceptions to Virginia’s Contributory Negligence Rule
While this law can make recovering compensation difficult, there are exceptions. A few ways an experienced attorney might help you navigate a contributory negligence defense include:
Proving the other party had a duty of care and was entirely at fault
Arguing that the defendant’s negligence was “willful and wanton” (e.g., reckless driving)
Invoking the “last clear chance” doctrine, which argues that the other party had the final opportunity to prevent the accident but failed to do so
Why You Need a Personal Injury Attorney
Because Virginia’s laws can be so unforgiving, having an attorney on your side is critical. At Posey Lebowitz PLLC, we know how insurance companies operate, and we understand how to build strong cases that protect our clients from unfair blame. If you’ve been injured in an accident, don’t risk losing your right to compensation by handling it alone. Reach out to us today for a free consultation—we’re here to help you every step of the way.
