Each state has its own negligence laws governing how those injured or killed because of another party’s carelessness or recklessness can collect compensation for their losses. Some systems make it easier to get financial justice than others and follow specific laws for different types of accidents. For example, the term “no-fault” applies to car insurance laws. In a no-fault state, those injured in car accidents are typically covered for the related costs through their own insurance policies–only particular circumstances allow for suing for third-party compensation.
The Commonwealth of Virginia is not a no-fault state. It follows a system of contributory negligence. This system does not make it especially easy for victims injured in motor vehicle crashes or other accidents to recover their related losses. However, help from a skilled Virginia personal injury lawyer from Martin Wren, P.C. makes it much more likely for you to receive the compensation and justice you deserve. Our track record, recently recognized by Virginia Lawyers Weekly, speaks to our dedication and effectiveness.
Understanding Comparative Negligence Laws
Other types of negligence systems include modified comparative fault and pure comparative fault. Most states follow a modified comparative fault system, a smaller number pure comparative fault, and the fewest–only four plus Washington D.C.–contributory negligence. For car accidents specifically, 12 states operate under no-fault policies.
Modified Comparative Fault
Under this system, victims can file a claim for compensation against the at-fault party with certain conditions. These conditions relate to the victim’s percentage of blame. States that follow a 50% rule allow victims to sue if they are less than 50% responsible for the accident, and in states following the 51% rule, victims can sue if they are less than 51% to blame.
Victims eligible to sue but still bearing some fault, see consequences for their part in the accident. Their total calculated compensation is reduced according to their percentage of faults. This means victims holding 15% of the fault, for example, can only collect 85% of the total calculated settlement.
Pure Comparative Fault
In pure comparative fault states, victims can sue for compensation no matter how much blame they hold. There is no 50 or 51% rule. However, their compensation is reduced by their percentage of fault.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Understanding Contributory Negligence
Under Article 3 of the Code of Virginia, victims cannot sue for compensation if they contributed in any way to the accident. Even if they are only 1% responsible, they may be prevented from recovering for their injuries. Clearly, the contributory negligence system is problematic for victims left with expensive and possibly life-changing injuries.
Examples of Contributory Negligence in Action
In the 1962 Case, Great Atlantic & Pac. Tea Company vs. Rosenberger, a woman slipped on a puddle of blue liquid starch that had spilled onto the white floor of a grocery store. The court ruled in the store’s favor, barring the woman from collecting damages. The court’s ruling determined the woman’s failure to notice the liquid contributed to her fall.
Other hypothetical examples include:
- One car runs through a four-way stop sign, hitting another vehicle and injuring the driver. However, the injured driver had slowly rolled through their stop sign rather than coming to a full stop and was denied compensation as a result.
- A homeowner fails to clear their sidewalk of ice and snow after a storm. A passerby slips and falls on the icy walkway, but because they were running rather than walking with care through the hazardous conditions, they contributed to the accident and cannot seek compensation.
Though difficult, it is not impossible for victims to fight for much-needed compensation. The team at MartinWren, P.C. has years of experience navigating Virginia’s laws and getting clients successful outcomes. You can trust our firm to develop a strategy designed for the specific circumstances of your case.
Contributory Negligence and the Last Clear Chance Doctrine
Virginia’s Last Clear Chance Doctrine provides a potential way for injury victims to get compensated for their losses even if they hold some responsibility for the accident. If victims can show the at-fault party had the “last clear chance” –a final opportunity– to avoid the accident, they may be eligible to seek personal injury damages. An experienced Virginia personal injury attorney from our firm will fight to apply one of the rules of this doctrine to your case as appropriate.
Rule One of the doctrine states that “where the injured person has negligently placed himself in a situation of peril” and is physically unable to get out of that situation, the defendant (the at-fault party) bears liability if they saw or should have seen, or realized or should have realized the plaintiff’s (the victim’s) danger in time to avoid the accident by using “reasonable care.”
Rule Two establishes that when victims put themselves in dangerous situations, they cannot physically remove themselves from and are not conscious of the danger they are in, the defendant is liable if they see the plaintiff and realize–or should have realized–the danger in time to avoid the accident, again by using “reasonable care.”
A Personal Injury Attorney in Virginia Can Help
As the victim, the burden is on you to prove the elements of negligence in your case against the at-fault party. That burden is heavy, and proving your case is a challenge, to say the least. But a skilled, insightful personal injury lawyer in Virginia can manage this challenge for you.
Your attorney will investigate your accident thoroughly, exploring all avenues of evidence. We will focus on finding evidence to prove your lack of culpability and the at-fault party’s fault and use that evidence to negotiate a fair personal injury settlement. We also know how to use the rules of the Last Clear Chance Doctrine and will work to apply them to your case if circumstances warrant.
Our team is ready to confront any accusations presented by the at-fault party. You will not have to answer them–we will handle all communication on your behalf. We will also take care of all legalities, dutifully filing all documents and abiding by the rules of procedure.
We Handle Virginia’s Fault System for You
When recovering from an accident, you do not have the energy to give yourself a crash course in Virginia’s contributory negligence laws. All your energy should go into healing. Martin Wren, P.C. will handle Virginia’s fault system for you. We will work to get you the best case outcome possible, keeping you informed every step of the way.
Call 434-817-3100 or complete a Case Evaluation form
