What does contributory negligence mean in Virginia?
In short
Contributory negligence is a Virginia rule that can stop you from recovering anything if your own carelessness helped cause the crash. Virginia courts apply it as a complete bar. That is why what you say early on matters.
What is contributory negligence, in plain words?
Negligence is carelessness that causes harm. Contributory negligence means the injured person was careless too, and that carelessness helped cause the harm. In Virginia, that can be a complete defense. In other words, it can bar your claim, not just reduce it.
The Supreme Court of Virginia has described the rule this way: an injured person whose own carelessness helped cause the crash cannot recover damages from the other driver (court opinion (opens in a new tab)). The takeaway for you: even a careless other driver does not automatically win you the case.
Where does the rule come from?
Virginia courts apply it as a complete bar to recovery. The Code does contain narrow exceptions. One example, § 8.01-58 (opens in a new tab), covers suits by railroad employees against a common carrier. It reduces damages in proportion instead of barring them, and it does not reach an ordinary crash between drivers.
Are there exceptions?
Yes, but they are narrow. The railroad-employee statute above is one. These rules are technical, so ask a lawyer whether any exception applies to your crash.
How does this change what you should do after a crash?
Because fault matters so much here, small habits help. These are suggestions, not legal rules.
Do not apologize or guess at the scene. Say what happened, not who was to blame.
Take photos of the cars, signs, signals and road conditions.
Get names and phone numbers of witnesses.
Ask the police to note what you tell them accurately.
These are illustrations of the questions involved, not predictions of any outcome.
Situation
What the rule looks at
Another driver ran a light and you were also looking at your phone
Whether your own carelessness helped cause the crash
You were stopped and the other driver rear-ended you
Whether anything you did contributed to the harm
A driver was careless but you could have avoided the crash
Whether your own conduct played a part
What does it mean for talking to insurers?
Insurers know the rule. A casual remark like "I didn't see them" or "I guess I was going a little fast" may be used to argue you shared the blame. Read our guide to what to say to the insurance adjuster, and use the deadline checker so you know your dates.
Who can help?
If you are worried about fault, a Roanoke-area lawyer can review your crash. Ask each firm how it charges before you decide.
Our picks for you. Firms that handle these cases, chosen by our editors. These are not rankings, and they are not promises about results.
1
Fishwick & Associates PLC
4.8 / 5 on Google Reviews
John P. Fishwick Jr.
Handles personal injury cases involving car accidents, truck accidents, catastrophic injuries, and wrongful death throughout Virginia.
Founder of Fishwick & Associates PLC, a Roanoke, Virginia law firm
Served as United States Attorney for the Western District of Virginia from 2015 to 2017
Practice areas: Car accident · Truck accident · Motorcycle accident · Bicycle accident · Brain injury · Personal injury · and more on the firm’s site
30 Franklin Rd SW Ste 700, Roanoke, VA 24011Directionsfishwickandassociates.com
Call (540) 345-5890Fees: no attorney fee unless the firm recovers compensation on your behalf
Pick 2
Marks & Harrison
Car accidents · Commercial truck accidents · Uber, Lyft, and ridesharing accidents · Motorcycle accidents · Bicycle accidents · Pedestrian accidents · and more on the firm’s site. Spanish spoken.
Personal Injury · Car Accident Attorneys · Truck Accidents · Pedestrian-Car Accident Lawyer · Motorcycle Accidents · Bike Accident · and more on the firm’s site
The answer depends on the facts. Virginia's contributory negligence rule can bar a claim when the injured person's own carelessness helped cause the harm. It does not divide blame by percentage the way some states do. Talk to a lawyer about your specific crash before you assume anything.
Is Virginia a comparative negligence state?
No. Comparative negligence is a different approach, where blame is split and your recovery is reduced by your share. Virginia follows contributory negligence instead, which courts apply as a complete bar to recovery. A few narrow statutory exceptions exist, such as one for railroad employees, but they do not reach an ordinary car crash.
Who decides fault?
Insurers form their own view first, based on reports, photos and statements. If a lawsuit is filed, a court decides. Because the stakes are high, be careful what you say and write, and keep your photos and records safe.
Why do insurers ask so many questions?
They are gathering facts about how the crash happened. Under a strict fault rule, an answer that suggests you were careless can be used against your claim. It is a practical suggestion to keep your answers short and factual, avoid guessing, and write down what you were asked. See our adjuster page for scripts.
Last reviewed · Reviewed by the roanokecrashhelp editorial team
