Determining fault in a motor vehicle accident can be complicated, especially when both drivers share responsibility. Some states allow injured parties to recover compensation even if they were partially at fault. However, Virginia follows a strict rule that completely bars recovery for injured individuals who contributed to an accident.
Virginia’s contributory negligence rule
Virginia applies a contributory negligence rule instead of comparative negligence. Under this system, if an injured person bears even one percent of the fault for the accident, they cannot recover any compensation. This standard ranks among the toughest in the country and often sparks disputes between parties and insurance companies.
Proving fault under Virginia law
To recover compensation in Virginia, the injured person must prove the other driver holds full responsibility. Strong evidence, such as traffic camera footage, witness statements, or police reports, strengthens the claim. Insurance companies frequently argue that the injured party contributed to the crash to avoid paying a claim, which complicates legal battles.
Exceptions and legal defenses
Virginia’s strict negligence rule includes limited exceptions. One possible defense is the “last clear chance” doctrine. This applies if the injured person acted negligently, but the other driver had a final opportunity to avoid the accident and failed. If successful, this argument may allow the injured party to recover damages despite minor fault.
Understanding your rights after an accident
Because Virginia’s laws make compensation difficult to recover if you share any fault, gathering evidence and understanding your rights are important. Insurance companies often attempt to shift blame to minimize payouts, so you must prepare strong proof of the other driver’s responsibility.