After a car accident, you may wonder, “Can you still get money if the crash was partly your fault in Virginia?” Under most circumstances, if you are found to be even 1% at fault for the accident, you are barred from receiving any type of compensation for your damages.
However, there are some situations where you can still seek compensation, even if you are partially to blame for the accident. A Virginia car accident lawyer can review the facts of your case and determine if you are eligible to file a claim under Virginia’s car accident laws.
Hire a Car Accident Lawyer
Following a car accident, it is easy to feel overwhelmed. You might be recovering from injuries, unable to work, and worried about how you’re going to cover these unexpected medical bills. Your first step should be to hire a car accident lawyer to guide you through the claim process.
At Brooks & Baez, we understand how stressful the aftermath of a car accident can be. We work hard to recover full compensation for our many Virginia clients, enabling them to return to their normal day-to-day routines without the added financial strains of the accident.
A Virginia car accident attorney from our firm can work tirelessly on your behalf, protect your rights, and advocate for your interests against the insurance company. With our bilingual team, we can help both English- and Spanish-speaking clients.
Car Accidents in Virginia
Car accidents are a leading cause of death, disability, and severe injuries in Virginia and throughout the United States. When you’ve been involved in a car accident due to someone else’s careless or reckless actions, you deserve compensation for your damages.
According to the Virginia Department of Motor Vehicles, there were 115,858 vehicle crashes during 2025, resulting in 825 fatalities and 74,194 injuries. Some of the leading causes of fatalities and injuries in vehicle crashes were:
- Alcohol use
- Excessive speed
- Not using safety restraints
Traffic accidents can happen suddenly in any weather condition. Areas with heavy congestion, especially those hosting commercial vehicle traffic, high speeds, and road construction, often see more accidents than areas without these features. The most dangerous roads in Virginia include:
- U.S. 460
- Interstate 81
- Interstate 95
- Interstate 64
- U.S. 58
Most car accident settlements are handled directly with the at-fault party’s insurance company. However, if fair compensation is not offered, you may have to file a claim in court to force a fair settlement offer.
Within the county where the accident occurred, your personal injury claim is heard by either the General District Court, for smaller claims heard by a judge, or the Circuit Court, for larger claims and full jury trials.
Exceptions to the Contributory Negligence Rule in Virginia
Virginia uses a strict contributory negligence rule to determine who can seek compensation after a car accident. Under this rule, any party found to be responsible for causing the accident is barred from recovering damages from the other party.
If you are found to be partially at fault for the accident, it does not automatically mean you cannot pursue a claim. There are a few exceptions to the strict contributory negligence rule, including:
- Last clear chance. You can demonstrate that the other driver had the final clear chance to avoid the accident but failed to act appropriately to do so.
- Willful and wanton conduct. If the actions of the other driver were clearly extreme, reckless, or intentional, your own mistake may not bar you from compensation.
- Specific protections. If the accident happens under specific circumstances, Virginia allows employees and certain passengers to recover compensation, even if they are partially at fault.
Even if you think you might be partially to blame for an accident, you should never assume you are at fault. Fault needs to be legally determined before you make any decisions that could affect your car accident claim.
FAQs
How Much Does It Cost to Hire a Car Accident Lawyer in Virginia?
The cost to hire a car accident lawyer in Virginia varies with the amount of compensation they ultimately get for your claim. Car accident lawyers work on a contingency fee basis, so they are only paid if you are awarded compensation.
If your claim does not result in any compensation, then you do not owe anything. When you are awarded compensation, your lawyer is paid directly from your settlement amount before you receive the rest of it.
Does My Insurance Still Pay Out If the Crash Was My Fault in Virginia?
If you are responsible for a vehicle crash in Virginia, your own insurance policy may pay out for your damages, depending on the type of insurance coverage you have. If you are solely at fault, your insurance pays the other affected driver for their damages.
If you are partially at fault, you likely are not responsible for covering the other driver’s damages, but your insurance only pays for your damages if you have optional collision coverage.
How Long Does an At-Fault Accident Stay on Your Record in Virginia?
According to Code of Virginia Section 46.2-380(A), any report made to the Department of Motor Vehicles is maintained for a minimum of 36 months. Points made against your license for an at-fault accident are removed after only two years.
Insurance companies have access to crash reports and can use them to justify raising your premium through a surcharge, but that surcharge has to be removed after three years.
What Is the Average Settlement for a Car Accident in Virginia?
There is no average settlement amount for a car accident in Virginia. Car accident settlement offers are based on the damages suffered by the victim. More serious accidents often have larger settlements than less serious incidents.
A fair settlement offer should provide compensation for economic losses, such as lost wages, medical expenses, and the cost to replace or repair your damaged property. It should also cover non-economic losses, such as pain and suffering or loss of life enjoyment.
Contact Brooks & Baez
You do not have to face the challenges of negotiating with the insurance company alone. We can advocate on your behalf, pursuing fair compensation for the damages you have suffered. Contact Brooks & Baez today to schedule your initial consultation.
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