When you are involved in an accident in Virginia and you are partly at fault, but others are also at fault, this can become a very complicated situation. In many states, you would be able to take legal action if the other party was either partly or mostly to blame. But in Virginia, your options are sometimes a little more limited by a legal doctrine called contributory negligence.
This does not mean that you cannot pursue a claim, and if you believe the other party bore the majority of the blame for what happened to you, you should still reach out to an experienced attorney.
Monge & Associates has been fighting for injured victims since 1993, and we understand how to help clients work within Virginia’s laws to obtain compensation for their losses. To find out how we can help, give us a call or contact us online today to schedule your free consultation with an Arlington personal injury lawyer.
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Can I Recover Compensation If I Was Partially at Fault in Virginia?
Understanding Virginia’s Contributory Negligence Rule
Recovering compensation if you were partly at fault for an accident in Virginia is challenging because of contributory negligence rules that apply in the state.
In many jurisdictions across the United States, contributory negligence has been replaced with an alternative legal doctrine called comparative fault.
In pure comparative fault states, it is always possible to take legal action even if you bear the majority of the responsibility for an accident. In modified comparative fault jurisdictions, you can pursue a claim against another party if you are less than 50% or less than 51% to blame, depending on the state.
In both pure and modified comparative fault states, your compensation is simply reduced based on the percentage of fault attributed to you. So if you were 40% responsible for the accident, you could collect 60% of your damages.
In contributory negligence states like Virginia, though, you technically cannot recover compensation if you share any fault at all for the accident. In theory, if you are even 1% to blame for the incident, you are prevented from recovering any payment from the other party who is 99% at fault. However, this is often not how things work in practice.
How Can You Pursue A Claim Under Contributory Negligence Rules?
While this legal doctrine can make taking legal action harder, it is not impossible and, in fact, it may not be as big of an obstacle as you would assume.
That’s because of other rules like the last clear chance doctrine. Essentially, under this doctrine, if a victim is negligent and puts themselves in peril but can’t get out of it, or is negligent and puts themselves in peril but is not aware of the risk, a defendant can still be liable for harming them if they knew, or should have known, the victim was in danger, had a chance to stop it, and didn’t.
In other words, if a defendant is aware, or should be aware, that their actions are going to harm a victim who is in peril, they have the last clear chance to stop the harm, and they don’t do so, they can still be liable for covering the victim’s damages — even if the victim had contributed in some way to becoming involved in the high-risk situation.
When a plaintiff recovers compensation under the last clear chance doctrine, their damages are not reduced based on any percentage of fault that could theoretically be attributed to them.
How Can You Recover Compensation If You Share Fault?
If you think you share fault for an accident, the first thing you need to know is that the law may not see it that way.
The question of who is at fault, or legally liable, for an incident can be a technical one, and you should not admit blame or liability after an accident in case you aren’t actually at fault in the eyes of the law.
In fact, it’s best not to make any statements to potential defendants or an insurer and inadvertently say something that could jeopardize your case. You should reach out to an attorney as soon as possible after an accident so your lawyer can evaluate your situation, help you understand the likely outcomes, and work with you to preserve your claim.
If you do share fault, your Arlington personal injury lawyer will help you to determine if the last clear chance doctrine could make the defendant liable for your losses anyway. Your attorney can also help you to conduct a thorough investigation into how the accident happened and what experts and the evidence suggest about who is liable.
Why Choose Monge & Associates After A Virginia Accident
Monge & Associates has been representing injured victims since 1993, and we have a deep understanding of the rules that govern fault and legal liability in Virginia.
We have helped clients recover hundreds of millions of dollars even under Virginia’s restrictive rules for when you can pursue a damage claim.
Our team will work with you to identify defendants, gather evidence, and build a strong claim. We can also negotiate with an insurer on your behalf or go to court and present evidence in a way that maximizes your chances of getting the most favorable outcome possible given the circumstances of your injuries.
We have helped clients in questionable fault cases before, and with our investigators, expert witnesses, and experienced attorneys, we have helped many injured victims to get the money they deserve.
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Speak With an Arlington Personal Injury Lawyer Today
Since Virginia’s contributory fault rules make personal injury claims harder, it’s important that you know and understand your rights so you can do everything possible to get justice after someone hurts you. Monge & Associates can help. We do not charge legal fees unless we win, and your consultation is always free.
Give us a call today to schedule your free case evaluation with an Arlington car accident lawyer who can help you navigate the legal system, understand contributory negligence rules, and pursue justice against those who are to blame for causing you losses.