A legal doctrine known as contributory negligence can prevent injured victims from obtaining financial compensation if they contributed as little as 1% to their accident. In other words, if you, in any way, contributed to your injuries, you could be ineligible to pursue a claim against the other involved party.
Contributory negligence is a harsh and archaic rule that has adverse outcomes for both victims and their families. It is one of the reasons why it is so important to partner with a knowledgeable Virginia Beach personal injury lawyer who can advise you on the best course of action for your specific situation and fight for the financial compensation to which you are entitled.
The Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp can help you gather evidence that supports your version of events and help defend you against claims of contributory negligence. Call us today to schedule your free legal consultation.
What is Contributory Negligence?
Contributory negligence comes into play when the party injured in a motor vehicle accident shares liability for their own injuries. Virginia is one of only four states that abide by this doctrine, which often has devastating effects on car accident victims.
According to the doctrine, victims may be barred from collecting any financial compensation for their damages if a court or insurance carrier is able to prove that the victim was even 1% liable for an accident. This statute applies with no consideration given to what percentage of negligence the other party committed. So, regardless of how small your portion of fault may be, you will still lose your right to obtain any compensation.
Examples of Contributory Negligence
When it comes to personal injury cases, contributory negligence takes many forms. Common examples are:
- A pedestrian struck by a car while crossing outside of a crosswalk or jaywalking
- A driver being distracted or speeding when they are hit by another car
- An individual slipping and falling in a supermarket after disregarding a wet floor sign
- A patient who fails to obey their surgeon’s post-operative care instructions and, as a result, experiences complications
- A consumer who modifies or misuses a product
In all of these scenarios, the victim’s actions could be deemed contributory negligence, even if another party was also to blame.
Is Virginia a No-Fault State?
No, Virginia is not a no-fault state. This means that the individual responsible for causing an accident is responsible for any ensuing injuries or damages. However, due to contributory negligence, it is exceedingly important to unequivocally prove that the other party was at fault. Even a minor lapse in judgment, such as changing lanes without using your turn indicator, can be used to show that you contributed to the incident and strip you of your right to receive financial compensation.
How Can I Prove the Other Driver Was At Fault?
Proving the other driver’s culpability is instrumental in a Virginia Beach car accident case. In most cases, injured victims who attempt to overcome this obstacle on their own end up facing failed claims, leaving them with no recourse for pursuing justice and without the money they need to cover their damages. Fortunately, an experienced lawyer will have the necessary resources to fully investigate your accident and explain why you are entitled to compensation.
With the severe nature of Vrginia’s contributory negligence laws in mind, the following are often required:
- Gathering compelling evidence: This includes pictures and videos from the scene of the crash, eyewitness testimonies, and police accident reports.
- Consulting with accident reconstructionists: Expert insights are often used to help determine exactly how the accident happened and which driver was at fault.
- Engaging a skilled lawyer: The Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp are more than just experienced and aggressive negotiators. We are experienced trial lawyers as well. We dedicate our full resources and focus to each case to ensure that our clients see justice. We are fully prepared to fight the numerous contributory negligence defenses that are often employed by insurance carriers to deny otherwise valid claims for fair remuneration.
Can Contributory Negligence Impact My Insurance Claim After a Car Accident?
Yes, it can. Contributory negligence can have a considerable impact on an insurance claim following a Virginia Beach car accident. Insurance carriers frequently leverage this law in order to limit or deny payouts. If an insurance company can prove you were even partially at fault for an accident, they can use contributory negligence to weasel out of compensating you for your injuries and other damages.
Combating these types of claims demands convincing evidence to demonstrate the other party’s total liability for the incident. That is just one of the reasons why you need an experienced and dedicated Virginia Beach car accident lawyer on your side; one who is willing to take on difficult cases and aggressively advocate for your rights.
Contact Shapiro, Washburn & Sharp
If you were injured in a Virginia Beach personal injury accident, do not let the state’s extreme contributory negligence statute stop you from pursuing the financial compensation you deserve. At Shapiro, Washburn & Sharp, we know the ins and outs of contributory negligence and understand the most effective methods of building compelling cases that can counter this defense. Our Virginia Beach car accident lawyers will work diligently to investigate the accident, collect strong evidence, and advocate for you until your case is fairly settled.
Using these methods, we recently achieved a $3.5 million settlement for the wrongful death of a man who died due to a truck driver’s negligence. If you were injured in a negligence-based personal injury accident, schedule a free case review with one of our skilled lawyers by calling us at (833) 997-1774 or filling out the contact form on our website. For your convenience, our offices are located in Virginia Beach, Hampton, Norfolk, and Portsmouth.