What is the rule?
Contributory negligence is a defense. It argues that the injured person's own negligence helped cause the harm. In Virginia the rule is a complete bar to recovery: an injured person who contributed to causing the crash through his or her own carelessness cannot recover damages from the other driver (Supreme Court of Virginia (opens in a new tab)).
How does the Code touch the rule?
Virginia courts apply contributory negligence as a complete bar to recovery. The Code does address contributory negligence indirectly in two places:
- Failure to wear a motorcycle helmet, face shield, safety glasses or goggles "shall not constitute negligence per se in any civil proceeding" (Va. Code § 46.2-910(A) (opens in a new tab)).
- Violation of a local ordinance requiring a young bicycle rider to wear a helmet "shall not constitute negligence or assumption of risk," cannot be considered in mitigation of damages and is not admissible in evidence (Va. Code § 46.2-906.1 (opens in a new tab)).
Can an exception apply to your crash?
Whether an exception fits depends on the facts of the crash. Ask a lawyer to evaluate your circumstances before you give any statement.
What follows in practice?
The rule is why early choices matter. Take these steps:
- Stick to facts in any statement to an insurer. Do not guess about speed, distance or what you could have done differently. See the adjuster protocol.
- Preserve evidence of what the other party did: photographs, witness names and the crash report. See the crash report steps.
- Get legal advice before signing anything or giving a recorded statement.
- Track your filing deadline with the claim deadline checker.
| Doctrine | Effect | Source |
|---|---|---|
| Contributory negligence | Bars recovery by a plaintiff whose own negligence contributed | Applied by Virginia courts |
| Motorcycle helmet violation | Not negligence per se in a civil proceeding | Va. Code § 46.2-910(A) (opens in a new tab) |
| Bicycle helmet ordinance violation | Not negligence or assumption of risk | Va. Code § 46.2-906.1 (opens in a new tab) |
Which Roanoke lawyers can review a fault question?
The lawyers listed below handle crash cases. Fault is the first issue a lawyer will assess.
Our picks for you
Firms that handle these cases, chosen by our editors. Listing is not a ranking or an endorsement of results.
4.8 / 5 on GoogleFishwick & Associates PLC
Bicycle accident; Brain injury; Car accident; Motorcycle accident; Personal injury; Truck accident; Wrongful death.
Altizer Law, P.C.
Loeschen Law Firm PLLC
Frequently asked questions
Is Virginia a contributory negligence state?
Yes. Virginia applies contributory negligence as a complete bar to recovery. Because your own conduct can decide the claim, ask a lawyer whether an exception fits your facts and how the rule applies to your crash before you give any statement to an insurer.
What should I say to an insurer after a crash?
State facts only: where and when the crash happened, who was involved and what you saw. Do not guess about speed, distance or what you could have done differently, and do not sign a release or medical authorization without review. A lawyer can advise you before you give a recorded statement.
What evidence helps when fault is disputed?
Keep photographs of the scene and vehicles, the names and contact details of witnesses, and the crash report or its report number. Write down what you remember soon after the crash. Evidence of what the other party did can matter when a driver or insurer argues you share fault.
Does a helmet violation count as contributory negligence?
Not under the statutes. Va. Code § 46.2-910 states that failure to wear a motorcycle helmet is not negligence per se in a civil proceeding, and § 46.2-906.1 states that violating a local bicycle helmet ordinance is not negligence. Other facts of the crash can still be raised.
Last reviewed · Reviewed by the Roanoke Crash Lawyer Guide editorial team