Providing effective legal solutions grounded in integrity.

Virginia Beach Pier

Contributory negligence rules in Virginia

On Behalf of | Dec 8, 2021 | Personal Injury

Negligence is a term that explains a person or entity’s failure to exercise the proper amount of care that a reasonable person should exhibit in a situation. For example, bus drivers are expected to operate the bus while sober and should obey traffic laws. If people are injured because the bus driver didn’t adhere to traffic regulations or was under the influence of drugs or alcohol, the driver is considered negligent. In Virginia, proving negligence means providing evidence about what a reasonable person would do in a situation. Here are some important things to know if you’re involved in a personal injury case in Virginia.

Contributory negligence

According to negligence laws in Virginia regarding personal injury, if an individual contributed to their own injury in any way, the case cannot be tried in court. This rule is rather harsh, which is why some states follow a more modern version of this rule known as “comparative negligence.” This means that a degree of fault is assigned to each involved party in the personal injury case.

Virginia, on the other hand, still adheres to the pure contributory negligence rule. This rule states that the other person has to be 100% liable for the accident for the victim to receive any financial compensation.

Common carrier claim

If you were involved in a personal injury incident as a public transportation passenger, you may be able to file a negligence claim against the bus company and driver to receive a settlement for your injuries. Your settlement could include lost wages, medical expenses, and pain and suffering. Keep in mind that you won’t be eligible for a settlement if you violated a safety code at the time of your injury.