Virginia · Comparative Negligence

Virginia Comparative Negligence Rule

Virginia follows a contributory (pure bar) rule under Baskett v. Banks, 186 Va. 1022, 45 S.E.2d 173 (1947). Virginia applies a special rule that does not fit the standard percentage cutoff. See the notes below.

Updated 2026-05-22 · See all 50 states

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Key facts: Virginia

Rule type: Contributory (pure bar)
Max fault to recover: Special
How recovery works: Virginia applies a special rule that does not fit the standard percentage cutoff. See the notes below.
Last verified: 2026-05-22
Source type: Primary (court opinion)

Details for Virginia

Virginia retains pure contributory negligence by common law; any contributory fault is a complete bar. A limited statutory carve-out at Va. Code § 8.01-58 covers railroad/common-carrier employee claims, and the last-clear-chance doctrine applies.

Related: Virginia statute of limitations

Virginia gives you 2 years to file a personal injury lawsuit under Va. Code § 8.01-243.

See the full Virginia statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Virginia attorney before relying on it.

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Virginia Comparative Negligence FAQ

What comparative negligence rule does Virginia follow?

Virginia follows a contributory (pure bar) rule under Baskett v. Banks, 186 Va. 1022, 45 S.E.2d 173 (1947). Any contributory fault bars recovery entirely. Applied in only a handful of jurisdictions (AL, MD, NC, VA, DC). Virginia applies a special rule that does not fit the standard percentage cutoff. See the notes below.

Can I still recover if I was partly at fault for the accident in Virginia?

In Virginia, even a small amount of fault on the claimant's part bars recovery entirely. This is one of the harshest rules in the country and applies in only a handful of jurisdictions.

How does this affect settlement negotiations in Virginia?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Virginia bars recovery for any contributory fault, defendants have strong leverage to dispute liability and frequently push claimants toward low settlements.

What is the personal injury statute of limitations in Virginia?

Virginia gives you 2 years to file a personal injury lawsuit under Va. Code § 8.01-243.

Where can I read the actual rule?

The controlling authority is Baskett v. Banks, 186 Va. 1022, 45 S.E.2d 173 (1947). The full text is available at https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-58/.

See comparative negligence rules for all 51 covered states