How Is Fault Determined in a Car Accident in Virginia?

Reviewed by Ed Atkinson, Virginia Personal Injury Attorney
Last updated: June 2026
Based on Virginia personal injury law and Atkinson Law case experience

After a Virginia car accident, police typically investigate the crash and determine who is at fault. The police report is not admissible in a civil case, but insurance adjusters rely on it in their initial decisions. 

If an insurance company refuses to acknowledge its client as the person who caused the accident or if there is a dispute over the damages, your case may go a civil lawsuit. This turns your “claim” into a “case.”

I’m Ed Atkinson, and as a Virginia car accident lawyer, it’s my job to build a case that proves the other driver was negligent. 

Contact me for a free consultation, or keep reading to learn more about how fault is determined.

Key Takeaways About Fault in Virginia Car Accidents

• Fault in a Virginia car accident is usually based on evidence such as police reports, witness statements, vehicle damage, photos, videos, road conditions, and driver behavior.
• A police report may influence the insurance company’s initial decision, but it does not automatically decide civil liability.
• Virginia follows a strict contributory negligence rule, which may prevent recovery if the injured person is found even partly at fault.
• Insurance companies may try to blame both drivers to reduce or deny a claim.
• Strong documentation is important because the person making the claim must show that the other driver caused the crash.

Who Investigates the Accident?

Insurance companies usually send claim adjusters investigate crashes involving their policyholders. Adjusters review police reports, photographs, videos, and witness statements to make their initial “liability determination” which means “who is likely at fault.”

An experienced personal injury lawyer will investigate and build a case proving the other driver caused the accident and owes you money damages. 

If the insurer continues to argue over liability, the case may go before a judge or jury, who will make a decision based on the evidence. Having the right attorney on your side levels the playing field against powerful insurance companies. As an experienced trial lawyer, I am ready to fight for you in court if your case doesn’t settle.

Does the Police Report Decide Who Is at Fault?

A police report can be important, but it does not always make the final decision about fault in a Virginia car accident claim.

The officer may describe what happened, list driver statements, identify witnesses, note citations, or include observations from the scene. Insurance adjusters often rely on this information when making their first liability decision.

However, a police report is not the same as a court decision. If the insurance company disputes liability, other evidence may be needed to prove who caused the crash.

Evidence That Can Help Prove Fault After a Virginia Car Accident

Type of Evidence	How It May Help Prove Fault
Police report	May include driver statements, citations, crash details, witnesses, and the officer’s observations.
Photos and videos	Can show vehicle damage, road conditions, traffic signals, skid marks, debris, and final vehicle positions.
Witness statements	Can support your version of events if someone saw the crash happen.
Dashcam or surveillance footage	May show the moments before, during, or after the collision.
Medical records	Can help connect your injuries to the crash and show the seriousness of the impact.
Vehicle damage	Can help explain the angle of impact, speed, and how the collision occurred.
Phone records	May be relevant if distracted driving is suspected.

What Factors Are Considered to Assess Fault?

When determining civil liability after a car accident, juries must consider various factors to understand what happened and identify the responsible party.

These factors include:

• Witness statements
• Skid marks and debris
• Vehicle positions
• Physical damage to the vehicles and points of impact
• Surveillance camera footage, if available
• Weather and road conditions at the time

Jurors have to take the evidence and “put the pieces together” as best they can. Unlike other states, Virginia generally does not allow crash reconstruction specialists to give testimony at trial.

Common Car Accident Scenarios Where Fault May Be Disputed

Fault is not always obvious after a crash. Even when one driver appears responsible, the insurance company may still argue that both drivers contributed.

Common disputed fault scenarios include:

• Rear-end collisions where the front driver stopped suddenly
• Left-turn accidents at intersections
• Lane-change or merging crashes
• Multi-vehicle accidents
• Parking lot collisions
• Crashes involving speeding or distracted driving
• Accidents where both drivers claim they had the green light
• Crashes during rain, fog, or poor road conditions

In these situations, evidence becomes especially important because each driver may describe the crash differently.

How does Virginia’s Contributory Negligence Rule Work?

Virginia follows a rule of contributory negligence, meaning if you are found even 1% at fault for the accident, you aren’t allowed to recover compensation. This system is different from most states, which may allow for partial recovery based on each person’s percentage of fault.

Proving the other driver was 100% liable and that you did nothing to cause the accident is critical in Virginia. It’s my job to build a case that leaves no room for accusations of negligence on your part.

When building your case, I follow the motto that “overkill is still a kill,” meaning I would rather have more evidence than I need than not enough.

Examples of Contributory Negligence in a Virginia Car Accident

Virginia’s contributory negligence rule can make fault disputes especially serious. If the insurance company can argue that you contributed to the crash, it may try to deny your claim.

Examples may include:

• Speeding before the crash
• Following too closely
• Looking at a phone while driving
• Failing to use a turn signal
• Changing lanes without checking blind spots
• Driving too fast for weather or road conditions
• Failing to keep a proper lookout
• Not yielding when required

These examples do not automatically mean you are at fault. The facts, evidence, timing, and cause of the crash all matter.

What Damages Can I Claim If Liability Is Established?

Once civil liability is established in your car accident case, we can seek various damages to address the physical, financial, and emotional damage of the crash.

Every case is different, but common damages include the following:

• Medical expenses from accident injuries, including future projected costs
• Income you lost due to your inability to work during your recovery
• Repair or replacement expenses for damaged vehicles and property
• Pain and suffering
• Permanent disability or loss of quality of life
• Wrongful death damages
• Punitive damages (common in cases involving drunk driving)

Your compensation depends on proving the other driver’s sole fault in the accident, which is why you may need a Richmond car accident lawyer.

What If the Insurance Company Says You Were Partly at Fault?

If the insurance company says you were partly at fault, do not assume the decision is final. Insurance adjusters may use contributory negligence arguments to reduce pressure on their policyholder or deny the claim entirely.

You should be careful about giving recorded statements, guessing about speed or distance, apologizing, or saying anything that sounds like you accept blame.

Instead, focus on preserving evidence, getting medical care, keeping records, and speaking with a lawyer before giving detailed statements about how the crash happened.

What to Do After a Crash to Protect Your Fault Claim

The steps you take after a crash can affect how fault is evaluated.

Helpful steps may include:

• Call the police and request a crash report
• Take photos of the vehicles, road, traffic signs, and visible injuries
• Get witness names and contact information
• Seek medical care as soon as possible
• Save repair estimates, medical bills, and insurance letters
• Avoid posting about the crash on social media
• Do not guess or admit fault when speaking with insurance companies
• Write down what happened while your memory is fresh

Small details can become important later, especially if the other driver changes their story or the insurance company disputes liability.

How Long Do You Have to File a Car Accident Claim in Virginia?

In many Virginia personal injury cases, the deadline to file a lawsuit is two years from the date the injury occurred. Waiting too long can make it harder to collect evidence, locate witnesses, and protect your claim.

Even if you are still negotiating with the insurance company, you should not ignore the legal deadline.

How Can an Attorney Strengthen My Personal Injury Claim?

A knowledgeable attorney like me will take the appropriate steps to prove fault rests entirely with the other driver. 

I typically do this by:

• Gathering police reports, eyewitness accounts, and other evidence
• Consulting with accident reconstruction experts if needed
• Challenging any claims that you were negligent and contributed to the accident
• Negotiating with insurers
• Taking your case to trial if the insurance company refuses to pay you what is right

Do I Really Need an Attorney?

While you can represent yourself in your personal injury claim, it is not usually a good idea. Insurance adjusters, particularly out-of-state ones, often deny any Virginia claim initially. I have experience dealing with these companies and know how to counter their tactics.

While insurance adjusters may seem friendly, they are not on your side. For example, you should never agree to record a statement without talking to a lawyer first. The insurance adjuster could use something you say to decrease your settlement or deny your claim. They may also use stall tactics to wear you down so you settle for less than your injuries are worth.

With an experienced attorney fighting for you, the chance of a successful case outcome increases significantly. On average, accident victims with attorneys walk away with more money, even after the attorney fee comes out.

Contact Atkinson Law for a Free Case Evaluation

After a car accident, you may have a long and painful journey ahead of you. Money should be the least of your worries during this already stressful time. As a seasoned car accident lawyer in Norfolk, VA, I understand the hurdles you face, and I am here to help you reclaim your life.  

Allow me to fight for the money you deserve. I will gladly travel to meet you at the hospital, in the comfort of your home, or at another convenient location. I also offer phone and internet consultations.

Contact Atkinson Law today to schedule your free, zero-risk case evaluation.

FAQs About Fault in Virginia Car Accidents

Who decides fault after a car accident in Virginia?

Police officers, insurance adjusters, attorneys, judges, and juries may all play different roles. The insurance company may make an initial decision, but a disputed case may require additional evidence or a court decision.

Can the police report be wrong about fault?

Yes. A police report may be incomplete or based on limited information. Photos, videos, witness statements, medical records, and other evidence may help challenge or clarify what happened.

Can I recover compensation if I was partly at fault in Virginia?

Virginia uses a strict contributory negligence rule. If you are found legally responsible for contributing to the crash, it may prevent you from recovering compensation.

What if both drivers say the other person caused the accident?

When both drivers blame each other, evidence becomes very important. Photos, witness statements, crash scene details, vehicle damage, and video footage may help show what really happened.

Should I give a recorded statement to the insurance company?

Be careful. A recorded statement can be used to challenge your claim. It is often better to speak with a lawyer before giving detailed statements to an insurance adjuster.