In Virginia, if you’re even slightly at fault for an accident that causes you to become injured, then you do not have an injury claim. Many people are confused as to how Virginia views shared negligence.
Various states across the country employ a legal concept known as “comparative negligence.” When comparative negligence is used, a judge or jury will determine whether the fault lies with one or more parties involved in the accident. For example, if a jury decides that one person was 70 percent responsible for the accident and another person was 30 percent at fault, the damages awarded would be based on the percentage of liability. In this example, if the damages awarded were $10,000, but you were found to be 30 percent at fault, you would only get $7,000.
Virginia is unique in that it does not use comparative negligence. Instead it employs contributory negligence to injury cases. With contributory negligence, if you contributed to your injuries in any way, then you will not be able to recover damages.
There is a lot of uncertainty following a Virginia accident, so don’t immediately assume you were at fault. Many factors contribute to accidents and the exact cause may not be clear. Therefore, you should not let anyone pressure you into admitting something before you know the facts.
