Why do We Care if You May Have Contributed to Your Car Accident Case? (Even if it Was Mostly the Defendant's Fault?)

Don’t be offended by this question – we must ask it. Under Virginia law, if you contributed even just 1% to your accident, a jury is barred from awarding you money by law.  This is a well known Virginia rule called "contributory negligence." We've written extensively on the subject here

We ask this question upfront because it will take time, effort, and money to pursue your case. We don’t want to walk you through a year or more of litigation, spend thousands (if not tens of thousands) of dollars, and you end up losing your case because of this very basic rule.  

I will say that some have the inclination to avoid this issue and hope that it just goes away. I want to be clear that the insurance attorneys are good at what they do, and will pursue a "contrib" argument if it's there. And the courts, time and time again, have been willing to throw out cases based upon contributory negligence even if a plaintiff has been severely injured or even killed.

James S. Abrenio
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Focusing on criminal, traffic defense and personal injury cases