The Doctrine of Contributory Negligence
No. Virginia applies the doctrine of contributory negligence, which the Virginia Supreme Court defines as the objective standard of whether a plaintiff failed to act as a reasonable person would have worked for his or her safety under the circumstances.
As the Virginia Supreme Court has explained, in cases where the plaintiff and the defendant were negligent, and their negligence proximately contributed to the accident causing the injury, the negligence of the plaintiff and the defendant is not compared.
Instead, any negligence by the plaintiff that was a proximate cause of the accident will bar the plaintiff from recovering.
Defendants routinely raise the defense of contributory negligence.
In personal injury cases arising from car accidents, defendants routinely raise the defense of contributory negligence, which is an absolute bar to recovery for the plaintiff.
In personal injury cases arising from car accidents, a jury hearing the evidence must first consider whether the defendant was negligent and, if so, whether the plaintiff was also negligent.
Any negligence on the plaintiff’s part, such as speeding, failure to maintain a proper lookout, failure to maintain adequate control of his or her vehicle, etc., can form the basis for a jury finding that the plaintiff was contributorily negligent and, therefore, barred from recovery against the defendant, regardless of how severe the plaintiff’s injury may have been and/or how obvious the negligence of the defendant may have been.
Questions of contributory negligence are specific to the facts of the individual personal injury case.
Questions of contributory negligence are specific to the facts of each personal injury case, and one of our Virginia Beach personal injury lawyers should be consulted.
We can assess whether the defendant has a legitimate basis for making a contributory negligence defense. In cases where a contributory negligence defense may be applicable, our personal injury lawyers can assess whether there are any exceptions to the contributory negligence doctrine that may apply, such as the age of the plaintiff, proximate causation, etc.
As in all personal injury cases, an experienced personal injury lawyer can also advise the injured person as to the value of the injury claim, guide the injured person through the process of making a claim with the applicable insurance company or companies, and represent the injured person in the litigation of the personal injury claim if a lawsuit becomes necessary.
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
If you need a Personal Injury Attorney in Virginia Beach, contact us at (757) 486-2700.
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