Why Liability Laws Aren't Always What They Seem

By Ben Glass, Esquire

Benjamin W. Glass and Associates

. https://www.benglasslaw.com/

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Why Liability Laws Aren't Always What They Seem

If you were involved in an accident in Virginia, you probably know that Virginia has a contributory negligence law on the books. Contributory negligence, if you didn't already know, means that if you are at least 1% at fault for an accident, then you do not have a right to recovery from the other parties involved. Generally speaking, it's an insurance company's best friend (in some circumstances, it's also beneficial for parties involved).

The practical implication of the contributory negligence law is that insurance companies are looking for any small degree of negligence in an accident. For example, let's say that you were going straight and a car blew a red light and took a left turn in front you and you hit the right rear corner of that vehicle. The insurance company for the other party will likely argue that based upon the location of the damages, that you had sufficient opportunity to take “evasive action” to avoid the accident. While even the insurance company would likely agree that you're not the primary reason for the accident, they will say you're partially at fault and therefore the insurance company for the other party won't pay a dime for any of your expenses medical or otherwise.

Not everything is how it appears. Insurance companies are fully aware that some accidents that have disputed liability and medical damages will go before of a judge and jury. Juries don't always share the same level of scrutiny that insurance companies apply to negligence laws. The practical implication of this is that 1% rule often looks more like a 10% rule. Simply put, if you're only at fault to a very small degree, you may be able to recover in spite of the contributory negligence law.

In many situations, a competent attorney can provide sound advice about the likelihood of your recovering damages from an accident. If you're not totally confident about who is negligent, it's often best to at least contact an attorney prior to speaking with an insurance adjuster. Remember, not every accident requires an attorney, but if the accident was significant, you should at least know your options.