A Virginia driver can only recover damages in a personal injury lawsuit if they bear no percentage of fault for the crash. Virginia is one of the few states in the nation that uses contributory negligence. Under contributory negligence, if the injured driver was over the speed limit when they were hit, they may be prohibited from receiving financial compensation from the other party. Even if the other driver was 99 percent at fault, the one percent of fault on the other party’s behalf can invalidate any claim for damages.