Were you reading a text message on your cell phone when the other driver hit you? Were your eyes not on the road when the drunk driver smashed into your vehicle? If the answer is “yes” to either of these questions, it could be a problem.
In Virginia, there is something known as contributory negligence. Basically, this legal doctrine means that if you were even 1 percent to blame for the accident, you may not be able to recover a dime. Only a handful of states have a contributory negligence law. The rest of the states use comparative negligence, which reduces your damages based on the percentage of fault.
One More Reason to Contact a Lawyer Before Talking with the Adjuster
Because of the Virginia contributory negligence law, you need to be that much more careful when talking with the insurance adjuster. You do not want to say something that could be misinterpreted and used against you. If the insurance adjuster catches you making a statement that shows the accident was partially your fault, you may have wrecked your case.
While contributory negligence might not be fair, it is our state law. That is why it is best to contact an experienced Virginia car accident attorney after a serious accident. You need to ensure that you proceed carefully with your injury claim.