In most other states, you can still get compensation for an injury even if you are ruled partially at fault for the accident. For example, if you’re rear-ended by a driver who was speeding and following too closely, but your brake lights were burnt out, you may be assigned partial fault. You will be penalized an equivalent percentage of your settlement, but you wouldn’t be prevented from getting one.
In Virginia, however, being ruled even 1% at fault makes you ineligible for ANY compensation. This harsh legal doctrine is called contributory negligence, and it’s only used in a few states in the U.S., including ours. That makes it extremely important to push back on any level of fault assigned to you if you believe it’s in error and that the other party is solely at fault.
At Lowell Stanley Injury Lawyers, our Virginia personal injury lawyers build claims not only to prove the other parties’ negligence, but also to prove our clients’ lack of fault. Unfortunately, it’s not enough to simply prove the other person was at fault in many cases—it’s also necessary to prove the victim did nothing, no matter how minor, to contribute to the accident or injury.
After an accident or injury that wasn’t your fault, you don’t have to accept or deal with the consequences of unfair blame. There’s too great of a cost in Virginia to be pinned with even 1% of fault for something you didn’t do. Contact us anytime for a free consultation and to learn how we can put our experience to work for you.