If you've been injured in Virginia—whether from a car accident, slip and fall, or any other incident involving negligence—you might assume that as long as someone else is mostly to blame, you can recover damages. But in Virginia, it’s not that simple.
Our state follows one of the strictest legal standards in the country when it comes to fault: contributory negligence. And understanding what that means could be the difference between winning your case—or walking away with nothing.
What Is Contributory Negligence?
Contributory negligence is a legal doctrine that bars a person from recovering any damages if they are found to be even 1% at fault for the accident that caused their injury.
Let that sink in. One percent.
That means even if the other party is 99% responsible, you could still lose your entire case if the court decides you share the slightest bit of blame.
“It’s one of the harshest rules in American tort law,” says Alex Taylor, founder of Alex Taylor Law. “Most states have moved to comparative negligence systems where your compensation is reduced based on your fault. But here in Virginia, it’s all or nothing.”
Why It Matters for Personal Injury Victims
Let’s say you were rear-ended while making a left turn. The other driver was speeding and distracted—but the insurance company argues you failed to signal early enough. Even if their negligence is obvious, that small detail could be used to deny your claim entirely.
This is why building a strong case, with evidence and legal strategy, is critical from day one.
“In Virginia, you don’t just need to prove the other party was wrong—you need to prove you did nothing to contribute to the incident,” Alex explains. “And that’s a higher bar than most people expect.”
How Contributory Negligence Affects Settlements
Insurance companies know the law. And they often use it to pressure injury victims into settling for far less than they deserve—or walk away with nothing at all. They'll look for any opportunity to assign you partial blame, no matter how small.
That's why it’s vital to have a lawyer who can anticipate their arguments, defend your actions, and protect your right to full compensation.
How to Protect Yourself
If you’ve been injured in Virginia, here’s how to avoid the trap of contributory negligence:
Get medical attention immediately – and follow all treatment plans.
Do not admit fault – even casually or in conversation.
Document everything – photos, names of witnesses, and a detailed account of what happened.
Call a personal injury attorney early – before giving any statement to insurance companies.
You Deserve a Fair Fight
At Alex Taylor Law, we understand how devastating it can be to suffer an injury and then be told you’re not entitled to a dime. That’s why we fight so hard—to make sure our clients are fully prepared, fully represented, and fully supported.
If you’ve been injured, don’t guess at your legal rights. Let us help you build a case that withstands even Virginia’s toughest rules.
Call Alex Taylor Law, your soldier in a suit.
804-500-5000
Serving Richmond, Henrico, Chesterfield, and all of Virginia.
