Personal Injury FAQ - Contributory Negligence in Virginia | Shapiro, Washburn & Sharp

You won’t like the answer – in Virginia, if a jury finds that both you and the defendant were negligent, you are barred from recovering against the defendant. So, for example, if you were crossing the street when you didn’t have the right of way and were hit by a drunk driver, you might be barred from recovering against the drunk driver if a jury determines you contributed to the accident. It’s not fair, it’s not right, but it’s Virginai law.