Can I Still File a Claim If I Was Partially at Fault for an Accident?

If you’ve been hurt in a car accident in Virginia, you may be worried about whether you can still file a claim if you were even slightly at fault. Unfortunately, Virginia has one of the strictest laws in the country—known as contributory negligence—and it can make recovering compensation very difficult.

Understanding Contributory Negligence in Virginia

In Virginia, if you are found even 1% at fault for the accident, the general rule is that you cannot recover damages. Insurance companies know this and often use it against you, arguing that you were partially responsible, even if the other driver’s negligence was far more serious.

At Geoff McDonald & Associates, we handled a case where our client allegedly looked at his phone while driving on the freeway in Richmond. He struck the back of an 18-wheeler that had stopped illegally without proper warnings—violating 14 different trucking regulations. On paper, it looked like our client was partially at fault, which could have barred his claim. However, we investigated, built a strong case, and ultimately secured a six-figure settlement for him.

Why You Should Still Call an Attorney

While contributory negligence makes Virginia tough on accident victims, every case is unique. Evidence, circumstances, and the severity of the other driver’s violations can all play a role in determining whether you have a valid claim. An experienced attorney can evaluate the facts and fight back against unfair insurance tactics.

If you’ve been injured in a Virginia accident—even if you think you might share some blame—don’t assume you have no case. Call Geoff McDonald & Associates at 804-888-8888. We’ll review your situation and fight to protect your rights.