Many states have some form of comparative negligence or shared fault rules that allow drivers to still seek compensation even if they were partially at fault for their own accident. Unfortunately, Virginia has extremely strict laws covering what’s known as contributory negligence. If you are partially at fault for your injury in a Virginia vehicle accident, you simply can’t be compensated.
How to Protect Your Right to Compensation After an Accident
The doctrine of contributory negligence applies even if the other party is mostly to blame and your fault is minimal. That can mean people who were severely injured in an accident won’t have any recourse for compensation and are on the hook for their own medical bills and potential loss of wages.
To protect yourself, you should never admit fault for an accident, either at the scene or when speaking with your insurance carrier after the crash. Since the insurance company doesn’t have to pay your claim if you are partially at fault, your adjuster may incorrectly claim you share some of the accident’s responsibility.
That’s why you should consult an attorney before making any statements or signing any documents related to the accident. Even if you think you may have been partly at fault for the collision, let an experienced legal team review all of the facts first.
An attorney with experience in Virginia personal injury cases can thoroughly investigate the accident and potentially prove you don’t share any of the blame through:
- Testimony from accident witnesses
- Data culled from police reports
- Photos or video from the scene
- Seeking the advice of accident reconstruction experts