West Virginia Jury Instruction - 1.1 Comparative Negligence Defense
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FAQ
Only four states and the District of Columbia recognize the contributory negligence rule: Alabama, Maryland, North Carolina, and Virginia.
The first thing you need to know is that West Virginia is an ?at-fault? or ?tort? state when it comes to car accidents. This means that in order to receive compensation for your injuries, you must establish that they were caused by someone else's negligence.
West Virginia is a comparative negligence state, so even if you are partially responsible for the accident, you can still receive financial compensation.
Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99% responsible for the accident, he or she can recover 1% of the damages.
Most states follow some form of either contributory or comparative negligence. However, these two doctrines differ significantly when it comes to personal injury cases. Based on the 1947 court case Baskett v. Banks, Virginia is a pure contributory negligence state.
The most common negligence defenses are contributory negligence, comparative negligence, and assumption of risk.
Unlike other states, which may allow for recovery regardless of the percentage of fault, West Virginia follows a modified comparative fault rule. If an injury victim (plaintiff) is 51% or greater responsible for the accident, then they cannot recover compensation from the other party.