Virginia’s Comparative Negligence Law: What Every Driver Should Know

If you were injured in a car accident in Virginia involving another motorist, it’s crucial to prove that the other driver caused the crash. Virginia follows a pure contributory negligence rule when determining fault in car accidents, meaning an injured driver can pursue compensation only if the other driver is 100 percent to blame. Hiring an experienced car accident attorney is essential to obtaining the financial relief you deserve after an accident.

The Fairfax, VA, car accident attorneys at Whitestone Young, PC, have been helping injury victims in the community for over 40 years. We have the resources and skills to pursue justice and compensation for you, which includes gathering crucial evidence to prove the other driver is liable for your injuries. Keep reading to learn more about Virginia’s comparative negligence law and how an attorney could help you.

What Does Comparative Negligence Mean?

Under the law, negligence occurs when a person fails to act with the care a reasonably prudent person would have shown under similar circumstances, resulting in harm to another person. Comparative negligence is a principle that the court uses to evaluate a plaintiff’s degree of negligence and reduce the compensation they are owed accordingly. Comparative negligence is frequently used in car accident cases because most collisions involve more than one driver or liable party. If multiple parties share fault for a collision, comparative negligence is used to determine each party’s degree of fault and whether the plaintiff can recover compensation.

What Does Virginia’s Comparative Negligence Law Say?

Virginia follows a doctrine called pure contributory negligence when evaluating fault for a car accident and whether a plaintiff can recover compensation for injuries. Under this rule, if an injured driver shares any fault for the collision – even one percent – they are barred from seeking compensation in civil court.

What Happens if You’re Partly Responsible for a Virginia Car Accident?

If you are partly responsible for a car accident in Virginia, it might be difficult to recover compensation under Virginia’s harsh pure contributory negligence rule. Hiring an experienced car accident lawyer is crucial to proving that the other driver is to blame for the crash and liable for your injuries.

How our Fairfax, VA, Car Accident Attorneys Can Help

If you’re dealing with the aftermath of a car accident, an experienced Fairfax, VA, car accident attorney can increase your chances of getting the best outcome in your case. Our lawyers can help by:

• Investigating the accident – We can investigate the accident to identify who is at fault and collect crucial evidence to support your claim. Our team will gather evidence from the accident scene, interview eyewitnesses who saw the crash happen, review police reports and medical records, and enlist the help of accident reconstruction experts to build a robust case.
• Calculating all of your crash-related losses – If you were injured in a car accident, you might face mounting medical bills, lost wages, and other expenses related to the crash. Our attorneys can account for all your losses, including past and future costs, so that we can seek maximum compensation on your behalf. We’ll ensure that all potential future costs, such as ongoing medical care or rehabilitation services, are included in your claim.
• Preparing your case for trial – While we strive to achieve a fair settlement out of court, we’re fully prepared to take your case to trial if necessary. Our team includes accomplished trial attorneys with a track record of achieving successful verdicts in Virginia courts.

Contact a Fairfax Car Accident Lawyer Today

If you were involved in a car accident in Virginia, proving the other party caused the crash is essential to recovering compensation for your injuries. An experienced Fairfax, VA, car accident lawyer at Whitestone Young, PC, can investigate the crash and gather evidence to build a robust case in your favor. Call us at (703) 591-0200 or visit our contact page for a consultation.