Proving liability in Virginia can be complex. While most states follow comparative negligence policy, where parties may share responsibility in an accident, Virginia is a contributory negligence state.
Contributory negligence does not allow for shared fault. Instead, if a person is even partially responsible for the accident, they are unable to recover any monetary compensation.
For instance, suppose you are riding a bike and come to a four-way stop. A negligent driver speeds through the stop sign and crashes into you. If you failed to come to a complete stop and simply slowed down or “rolled” through the stop sign, you would be found partially responsible and unable to seek any damages. In Virginia, bicyclists are not permitted to yield and must come to a complete halt at all stop signs. However, if you follow all the rules of the road and the other driver is found to be 100% responsible, you may pursue civil action.
Your personal injury attorney must establish four elements to prove that negligence:
A duty of care was owed
That duty was breached, or broken
A causal link between the breach of duty and your injuries
That damages have been incurred
Our personal injury lawyers will fight to recover all damages in your accident. Call the Smith Law Center today and discuss your case with one of our knowledgeable attorneys.