Firstly What Does Negligence Mean in Virginia?
Negligence means that a person did not do what was expected by him/her in a certain situation. If any people inside a bus got injured due to the fact that the driver was drunk or under any type of influence, then a DUI (Driving While Intoxicated) would be blamed on the driver’s negligence. However, the law in Virginia requires a person to be as careful as a reasonable person would at that same situation and is there is no need to be extra careful or especially careful.
Contributory Negligence in Virginia:
Virginia negligence laws state that an injured person won’t have a case if he/she contributed in the accident or injury in any way. So, the person won’t collect any money damages if the other person is not 100 percent guilty. This is known as the “pure contributory negligence rule” and Virginia still uses it until today. An example of this “pure contributory negligence rule” is if a person is at 100 percent fault for a car crash then he/she is considered to be the responsible party or negligent party and the other person would collect the money damages. However, in Virginia, if both parties were at fault then no one will get or collect the money damages. Furthermore, if a person is partially at fault but his/her negligent act did not lead to or was not a cause for the injury that was lead by the events that he/she made, then it is known as a proximate cause.
Common Carrier Exception in Virginia:
A person can be entitled by the law to make a negligence claim against the bus driver or the bus company for recovery of his/her compensation if he/she was injured while riding as a passenger on that bus. If a safety code was violated, any comparative negligence that was made by a plaintiff won’t bar the recovery for common carriers such as airplanes and buses. This may include pain, suffering damages, medical expenses, and/or lost wages.
Comparative Negligence Versus Contributory Negligence in Virginia:
Contributory negligence, as stated above, means a person won’t get any money damages if the other person is not at a 100 fault. This is a very strict law and is used by Virginia until today. However, comparative negligence is less of a strict law because the money will be given to two parties depending on how much damage they all caused.
Some Examples of Contributory Negligence in Virginia:
When someone is walking along a sidewalk and gets hit by a car but he/she crossed outside the rules of a controlled intersection and/or did not look for any incoming traffic, if someone was driving ten miles an hour surpassing the speed limit and was hit by an incoming car, and if a passenger got into a driving accident due to the driver being drunk and they both didn’t follow the basic rules of the road are some examples of contributory negligence in Virginia.