If you’ve recently been involved in a car accident in Virginia, you may expect that the driver who was mostly responsible will cover your damages through their insurance. That would be reasonable—but not necessarily how the law works in Virginia.
This is because Virginia enforces one of the most rigid and unforgiving legal doctrines in the United States: contributory negligence. Under this rule, even the slightest mistake on your part—even just 1%—could prevent you from recovering any compensation at all.
This article unpacks Virginia’s contributory negligence law, shows how it can affect real-life car accident cases, and explains how the seasoned legal team at Burnett & Williams—led by attorneys Kimberly Raab and C. James Williams III—helps injured victims overcome these difficult legal hurdles.
What Is Contributory Negligence?
Virginia’s contributory negligence law is a legal doctrine that prevents any financial recovery for a plaintiff who is found to have contributed even slightly to the accident.
🚫 In simple terms: if you’re found to be even 1% at fault, you may recover nothing—even if the other party is 99% responsible.
While most U.S. states have adopted comparative negligence laws (which allow partial compensation based on your degree of fault), Virginia remains one of just five states still enforcing pure contributory negligence. This creates a significant challenge for accident victims and gives insurance companies a powerful tool to deny claims.
How Does This Law Impact Your Case?
In Virginia, insurance companies use contributory negligence aggressively. When you file a claim, they will investigate every detail, seeking any evidence that you may have contributed to the incident—even unintentionally.
Here are examples of actions that could count as contributory negligence:
- ✅ Slight speeding
- ✅ Failing to use a turn signal
- ✅ Glancing at your phone
- ✅ Rolling into an intersection too early
- ✅ Not wearing a seatbelt
Even seemingly innocent mistakes can be enough to invalidate your entire claim, which is why working with an experienced attorney is crucial.
Real Case Example: Mia’s Story
Mia, a nurse from Hopewell, was broadsided by a driver who blatantly ran a red light. While the other driver was clearly reckless, Mia admitted that she “might have rolled a bit” into the intersection while preparing to turn.
The insurance company used her admission to argue that she contributed to the accident, denying her claim outright.
Mia then turned to Burnett & Williams, where the legal team, led by Kimberly Raab and C. James Williams III, took immediate action. They hired accident reconstruction experts, analyzed traffic camera footage, and demonstrated that Mia’s actions did not cause the collision.
Thanks to this strategic legal effort, Mia received a settlement, despite the initial denial by the insurance company.
Why Is This Law Still in Place?
Contributory negligence is an outdated legal principle rooted in 19th-century law, originally intended to encourage personal responsibility. Over time, most states moved away from this doctrine, favoring fairer systems like comparative negligence.
But Virginia has resisted reform, and its courts have continued to uphold contributory negligence—even when it results in unfair outcomes for accident victims.
This makes Virginia one of the toughest states for personal injury claims, which is why expert legal guidance is essential.
How to Protect Yourself in Virginia After a Crash
If you’re in a car accident, here are critical steps to protect your legal rights under Virginia’s strict laws:
Get Medical Help Immediately
Delays in seeking treatment weaken your case and give insurers room to argue your injuries are unrelated.
Gather On-Scene Evidence
Photos, video, police reports, and witness accounts can be vital in disproving claims of shared fault.
Don’t Admit Fault
Be careful with your words. Even casual remarks like “I didn’t see them coming” can be used against you.
Call a Skilled Attorney
A knowledgeable Virginia car accident lawyer can protect your rights, build your case, and help you prove the other party was 100% responsible.
Meet the Legal Team at Burnett & Williams
Attorney Kimberly Raab
Kimberly Raab is a compassionate and strategic personal injury attorney who has built a reputation for advocating fiercely on behalf of injured clients across Virginia. With years of experience handling complex auto accident claims, Kimberly understands the nuances of Virginia’s harsh contributory negligence rule and how insurers use it to deny rightful claims.
Her client-focused approach ensures that victims feel heard, respected, and supported. Kimberly is known for her attention to detail, particularly in cases where a single misstep can cost a client their compensation. She works with medical experts, accident reconstruction teams, and insurance adjusters to present bulletproof arguments on behalf of her clients.
In Mia’s case, it was Kimberly’s deep legal insight and persistence that uncovered evidence the insurance company tried to ignore—ultimately turning a denied claim into a substantial settlement.
Attorney C. James Williams III
- James Williams III brings decades of courtroom and negotiation experience to Burnett & Williams. Known for his commanding presence and deep understanding of Virginia personal injury law, James has a long track record of winning difficult cases—including those dismissed by other firms due to contributory negligence complications.
His tactical thinking and ability to outmaneuver insurance defense teams make him a formidable advocate in car accident litigation. James is especially skilled at challenging wrongful fault assignments and protecting clients from being unfairly blamed.
Clients value James for his straightforward communication, honest assessments, and unwavering dedication to justice. With his guidance, injured victims can confidently face the complex legal system and stand up to powerful insurance companies.
Why Experienced Legal Representation Is Essential
Insurance companies in Virginia are quick to cite contributory negligence to minimize or deny claims. Even if you’re confident that the other driver was at fault, don’t leave your case to chance.
The legal team at Burnett & Williams will:
- ✅ Help you avoid damaging statements during the claims process
- ✅ Conduct thorough investigations to prove the other driver’s sole fault
- ✅ Leverage expert testimony and evidence to counter negligence claims
They understand what it takes to win cases in Virginia’s harsh legal climate—and they won’t back down.
Burnett & Williams: Serving Virginia Communities
With convenient office locations in:
- Richmond
- Chesterfield
- Hopewell
Burnett & Williams is proud to serve clients throughout Virginia. Their attorneys are local, deeply familiar with state law, and dedicated to justice.
📞 Call 804-794-0080 or visit burnettwilliams.com to schedule your free consultation.
Final Thoughts
Virginia’s contributory negligence law may be one of the toughest in the country—but that doesn’t mean justice is out of reach. With the right legal strategy and a dedicated team behind you, it is possible to prove the other party was entirely at fault.
If you’ve been injured in a Virginia car accident, don’t risk losing your chance at compensation due to a technicality. Let the experienced team at Burnett & Williams—including Kimberly Raab and C. James Williams III—help you build the strongest possible case and fight back against unfair insurance tactics.
📞 Call 804-794-0080 today to protect your rights and begin your path to recovery.
FAQs: What Virginia Drivers Need to Know
Q: What if I’m only 5% at fault?
In Virginia, you still get nothing. Any percentage of fault disqualifies you from compensation.
Q: What if the other driver was drunk or distracted?
Their recklessness doesn’t cancel out your duty to drive safely. You must still prove you were not at fault in any way.
Q: Can I recover if the other driver admits they caused the accident?
Possibly, but if they or their insurer can show you contributed—even slightly—your case could still be denied.
