After an accident, it’s natural to have questions about your rights—especially if you think you may have played a part in what happened. Many injury victims worry that if they were even slightly responsible for the accident, they won’t be able to file a claim or recover any compensation. At the Halperin Law Center, we hear this concern often, and it’s important to understand how fault impacts a personal injury case, especially here in Virginia.
Understanding Contributory Negligence in Virginia
Virginia follows a legal rule called “contributory negligence.” Under this doctrine, if you are found by the jury to be even one percent at fault for your injury, you are typically barred from recovering any compensation at all. It’s one of the strictest standards in the country, and it can make personal injury cases much more challenging for victims. Forty Six other states use more lenient systems like “comparative negligence,” where you can still recover some compensation even if you share part of the blame, but Virginia’s approach is much less forgiving.
Don’t Assume You Are at Fault
That being said, just because you worry you may have been partially at fault doesn’t mean you should give up. Fault is a legal determination, not just a feeling. What you think of as “partial fault” may not actually meet the legal definition. It’s also important to remember that insurance companies will often try to shift as much blame onto the victim as possible to avoid paying out claims. Without experienced legal help, you might accept their interpretation of events when it isn’t accurate or fair.
Legal Strategies When Partial Fault Is Claimed
In many cases, there are arguments that can be made to push back against claims of contributory negligence. For example, if the defendant had the “last clear chance” to avoid the accident but failed to do so, you may still be able to recover damages. There are also situations where a defendant’s reckless or intentional actions can outweigh minor mistakes by the victim. Every case is unique, and careful investigation of the facts is critical.
Why You Need an Experienced Attorney
Because of Virginia’s strict laws, it’s essential to have a knowledgeable automobile accident attorney on your side if there’s even a hint that you could be blamed. At the Halperin Law Center, we thoroughly investigate each case, gather strong evidence, and build compelling arguments to protect our clients from unfair accusations of fault. We know how insurance companies operate, and we won’t let them use Virginia’s contributory negligence rule to deny you justice without a fight.
Contact the Halperin Law Center
If you’ve been injured and are unsure whether you have a claim because you think you might share some responsibility, don’t assume the worst. Let us review your situation. We can help you understand your rights, the strength of your case, and your best options moving forward. Contact the Halperin Law Center today for a free consultation. We’re here to help you learn about any compensation you are entitled to —no matter how complicated your case might seem.
