Fighting For Your Rights

When can you sue a negligent driver in Virginia?

On Behalf of | Nov 9, 2023 | Motor Vehicle Accidents

As a responsible driver who maintains their vehicle and exercises due prudence while operating on the road, you take all the necessary steps to avoid getting into an accident. The problem is when other motorists do not exercise the same level of reasonable care. They may drive too fast and break speed limits or take a call while driving.

Negligence is any reckless or careless conduct that results in property damage or personal injury. A driver is negligent when they do things they should not do on the road or when they fail do take reasonable care when driving. You can sue a negligent driver in Virginia if they hurt you or damaged your property because of their negligence.

The role of contributory negligence in Virginia car accident laws

In no-fault states, drivers usually go directly to their insurance provider for compensation unless their injuries cause serious or irreversible damage. It does not matter who was responsible for the accident. Because Virginia does not operate under a no-fault system, you can file a lawsuit against the negligent driver regardless of the extent of your injuries.

However, Virginia follows the principle of contributory negligence, meaning you can only recover compensation from the at-fault driver if they are 100% to blame for the accident. You did not contribute to it in any way. The challenging part will be to prove the driver was negligent and you had no fault.

Always drive safely and responsibly

If you make sure to drive safely and responsibly, you will not have to worry whether you were partially to blame for an accident. You did your part as any other responsible motorist on the road. The car accident laws will work to your advantage.