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What If I Am Partially At-Fault for My Injury?
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Tronfeld West & Durrett

What If I Am Partially At-Fault for My Injury?

The at-fault party is financially responsible when they cause injury to another person. But when both sides point the finger at each other – or even when one party is just a little bit at fault – it complicates the case.

Virginia is a contributory negligence state. The contributory negligence law states that if a person is at all at fault for the accident – even one percent at fault – then they cannot collect compensation from the other party. So even if the other party is almost entirely at fault, if the insurance company argues the claimant was just a little bit at fault, then they may be unable to get compensation.

That makes it vitally important that people injured in accidents speak with a personal injury lawyer. A lawyer will anticipate these arguments from the insurance company and protect injured parties from accusations of partial fault, thus helping them get full compensation for their damages.

How to Fight Back Against Accusations of Partial Fault

Given the stakes when the insurance company or defendant argues that the claimant is partially at fault, and therefore ineligible to get compensation, those injured need to fight back to protect their right to compensation.
A lawyer can help claimants retrieve, compile, and present evidence that proves the other party’s fault and refutes any suggestion that the injured party is partly at fault. The relevant and available evidence differs from case to case but might include:

• Police reports
• Eyewitness statements
• Video surveillance
• Photo evidence
• Accident reconstruction
• Vehicle inspections

Further, some insurance companies might misuse statements from the claimant by taking them out of context to suggest an admission of fault. Anybody injured in an accident should decline to give the insurance company a recorded statement until they speak with a lawyer. A car accident lawyer can prepare claimants before providing a verbal or written statement so they avoid common pitfalls that may put the liability claim into jeopardy.

Demonstrating the Other Party’s Negligence

In cases where you might be partially at fault, the team at Tronfeld West & Durrett understands the importance of meticulously demonstrating the other party’s negligence. Proving the other party’s fault is critical, especially under Virginia’s contributory negligence law.

Our approach involves thorough investigation, gathering of evidence, and expert testimony to establish the extent of the other party’s negligence. By highlighting the other party’s responsibility in causing the accident, we aim to maximize your chances of obtaining a fair resolution, even if you are worried about your own partial fault.

Remember, the details of the accident matter, and our lawyers are here to dissect those details to advocate for your rights.

How Is Virginia’s Contributory Negligence Law Different From Other States?

Most states follow comparative negligence, which says that injured parties can pursue compensation from a liable party if the injured party is not 50 or 51 percent at fault, depending on the state. So even when an injured party in a comparative negligence state is partially at fault, they can still get compensation for their damages.

The claimant’s settlement or judgment is reduced by their proportion of fault, however. So, claimants who were 10 percent at fault for an accident and suffered $50,000 in damages can only get $45,000 (i.e., the full amount of damages minus 10 percent).

Comparative Negligence vs. Contributory Negligence

Here at Tronfeld West & Durrett, it is crucial for our clients to understand the difference between comparative negligence and contributory negligence as these legal concepts can significantly affect the outcome of your personal injury case.

Comparative negligence, adopted by many states, allows a plaintiff to recover damages even if they are partly at fault, with the compensation reduced by their percentage of fault. Conversely, Virginia adheres to the stricter doctrine of contributory negligence, where if a plaintiff is found even slightly at fault for the incident, they may be barred from recovering any damages.

Call 804-358-6741 for a Free Consultation With a Personal Injury Lawyer

The aftermath of an accident is never easy, and Virginia’s contributory negligence laws make it even more challenging. Work with a committed legal team to represent your best interests and fight for the compensation you deserve. Find extensive information on car crash incidents. The Richmond personal injury lawyer team at Tronfeld West & Durrett can help. Call 804-358-6741 to set up a free consultation today.

Items That You Should Keep in Your Car

Anything can happen on the road. To ensure they are not blindsided by any event, Virginia drivers should make sure they stock their cars with the following necessities. In the event of an accident, consulting a personal injury lawyer can help protect their rights and pursue fair compensation.

Items for Car Maintenance and Breakdowns

Unfortunately, cars break down. While no one can ever fully prepare for it, drivers can ensure they have a few things that keep a breakdown from becoming disastrous:

  • Spare Tire, Jack, and Tire Iron: Drivers should also keep a manual in their car that guides them through the safe and proper way to change a tire. Drivers should always replace the spare tire after using it.
  • Tire Repair Kit: This will stop a tire from leaking and enable a driver to get to safety. Drivers should limit the miles they drive on a repaired tire.
  • Jumper Cables: These make a dead battery a minor inconvenience rather than a catastrophe.
  • Booster Pack: Drivers can use a booster pack and jumper cables to jumpstart their cars if no other drivers are around.

Safety and Daily Necessities

If drivers are stranded after an accident or breakdown, the following items help ensure they stay safe, hydrated, and connected with family and emergency personnel.

  • First Aid Kit: While some cars come with a first-aid kit, drivers should make sure they keep theirs stocked and appropriate for their family’s specific needs. Drivers, at the very least, should include band-aids, a magnifying glass, antiseptic wipes, sterile gauze, ointment, and gloves.
  • Flashlight: Changing a tire or checking under the hood at night without a flashlight can be impossible. It also helps other drivers and emergency personnel see you.
  • Healthy, Non-Perishable Snack Foods: Some drivers are stranded for hours or even overnight after a breakdown or accident. Non-perishable snacks like granola bars, nuts, and jerky can keep drivers and passengers full and energized.
  • Water Bottles: Water is a necessity, even for drivers who are only stranded for an hour or two waiting for a tow truck.
  • Medications: Most people do not consider packing a day’s worth of necessary medications when they head to work; however, a breakdown or accident can become deadly if a passenger requires medication.
  • Cell Phone and Portable Charger: Drivers should keep their cell phones and portable charging blocks in their car at all times. Drivers can get a portable charging block at any drug store.
  • Seat Belt Cutter and Window Breaker: While rare, it is possible to get trapped in a car after an accident with the seatbelt.
  • Reflective Triangles: Drivers who break down or are involved in an accident should pull over and place these reflective triangles behind their cars. Drivers might also consider packing a high-visibility vest to promote visibility.
  • Paper Maps: When a phone loses power or goes out of service range, a driver can be stranded. Drivers should place a book of maps and a compass in their glove box.
  • Money Stash: Drivers never know when they will need cash. Keep a stash handy in a safe place. Men’sHealth.com recommends keeping it hidden in an old sock in your trunk.
  • A List of Important Phone Numbers: Phones die. Drivers could be out of luck if they cannot remember important numbers they need to call. Drivers should also keep a pen with that paper list.

Seasonal Considerations

Winter:

  • Ice scraper: Essential for removing ice from the windshield. B
  • Blanket: Can be used for warmth or as a protective layer when changing a tire on cold ground.
  • Kitty litter: Provides traction for vehicles stuck in snow.
  • Snow brush or shovel: Useful for clearing snow from around your vehicle.
  • Flashlight with extra batteries: Daylight is shorter in winter, making this essential for visibility.

Spring:

  • Umbrella or raincoat: Spring showers are common, so these can keep you dry.
  • Change of clothes: Useful for sudden weather changes typical of spring.
  • Kitty litter: Can still be useful for traction in muddy conditions.
  • Windshield washer fluid: Helps keep the windshield clear from spring pollen and road spray.

Summer:

  • Sunglasses: Protect your eyes
  • Sunscreen: Prevent sunburn during long drives or if stranded.
  • Water bottles: It’s important to stay hydrated.
  • Cooling towels: Offer relief from high temperatures.
  • Umbrella: Can also serve as a sunshade in addition to rain protection.

Fall:

  • Change of clothes: Helpful if you get wet from rain or need an extra layer.
  • Flashlight with extra batteries: Days start to get shorter; good for visibility in the evening.
  • Umbrella: For fall showers.
  • Windshield washer fluid: Prepares you for early frosts and ensures clear vision.

Regularly Review and Update

At Tronfeld West & Durrett, we suggest that all drivers not only equip their vehicles with essential items but also regularly review and update these items to ensure they are in working order and relevant to the current season and personal circumstances.

Check the expiration date on items such as medical supplies or food rations, and replace the outdated items. Also, consider what changes you should make depending on the season (such as adding antifreeze in winter or extra water in summer). Check your emergency kit regularly.

By maintaining an up-to-date emergency kit, you can provide yourself and your loved ones with peace of mind knowing that you are prepared for various roadside emergencies.

Stay Safe with Tronfeld West & Durrett

Our attorneys never want to see a Virginia resident or visitor suffer injury in an accident. However, we are always there when something unfortunate happens. Drivers can always count on a Richmond car accident lawyer from Tronfeld West & Durrett for help after an accident. We know how to navigate the accident claims system and recover the compensation our clients deserve. Drivers can call 804-358-6741 for claim help.