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Is partial fault always a dealbreaker for Virginia injury claims?

On Behalf of | Jan 27, 2025 | Car Accidents

Car crashes often involve multiple decisions, oversights or acts of negligence by more than one driver. Untangling who is truly at fault can be challenging. But, what if you bear some responsibility for the accident that caused your injuries? Do you still have any legal recourse?

Defining negligence

Negligence happens when a person fails to act with the same care a reasonable individual would use under similar circumstances. If that breach of care leads to a car accident, which causes someone else’s injury or death, the negligent party may be held liable. Victims (or their loved ones, in fatal cases) can file a lawsuit to recover damages for medical bills, lost wages and other losses.

What about partial fault?

In many states, if both parties share blame, courts allow the injured individual to collect at least some compensation. You might expect that if you are only partially responsible, you could still receive some damages. However, each state adopts its own rules for handling fault in personal injury claims.

Our state’s pure contributory negligence

Virginia follows one of the most restrictive doctrines in the country: pure contributory negligence. Under this rule, if you bear any degree of fault, no matter how small, you cannot recover damages. For instance, if a collision occurs because the other driver ran a red light, but you were also speeding, you may be barred from collecting compensation. In Virginia courts, the defendant must be 100% to blame for you to receive an award.

How other states compare

Many other states have adopted “comparative negligence,” which reduces a victim’s possible recovery by the percentage of their own fault. For example, if you were 20% responsible, you could still collect 80% of the total damages. Virginia’s approach stands in stark contrast, which prevents recovery entirely if you share any responsibility at all.

Because of Virginia’s strict rule, proving you did not contribute to your own injuries is critical. Even a minor degree of fault might be enough to deny compensation altogether. Understanding this principle can help you evaluate whether pursuing a claim makes sense if you suspect your own actions played a role.