What is comparative negligence?

Comparative negligence is a rule used to determine fault and liability in car accident cases in Virginia. Comparative negligence assigns a percentage of fault to each party in an accident and compares the percentages to determine the degree of fault each party shares. In Virginia, there are two forms of comparative negligence that can be used. The first is called the Pure Contributory Negligence rule. Under this rule, if an injured person is even 1% at fault, they are barred from recovering any damages. The other form of comparative negligence, Modified Comparative Negligence, offers more flexibility in terms of fault and liability. This rule allows a person to recover damages if they are found to be 50% or less at fault in the accident. It’s important to understand comparative negligence in Virginia because it can have a major impact on how much compensation an injured person can recover. Therefore, it is important to consult with an experienced car accident attorney if you have been injured in an accident. An experienced attorney can help you understand the law and your rights so that you can make an informed decision about a potential claim.

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