Speeding can do more than just increase the risk of a crash. It can also reduce or eliminate your chance to recover damages if you’re hurt. If you’re involved in a car accident in Virginia and speeding played a role, your ability to get compensation could change based on how fault is assigned.
Speeding and fault in Virginia
Virginia follows a strict contributory negligence rule. This means if you’re found even 1% at fault for the accident, you can’t collect any compensation. If you were speeding at the time of the crash, insurance companies or the other party can argue that your speeding contributed to the accident. Even if the other driver was mostly at fault, your role, however small, can block your claim.
Evidence of speeding matters
Speeding can be proven in several ways: dashcam footage, witness statements, police reports, or traffic camera data. If there’s solid proof that you were going over the speed limit, it could be used against you during settlement talks or in court. This makes it harder to argue that you deserve full compensation for injuries or damages.
Speeding reduces settlement leverage
When there’s clear evidence of speeding, insurance adjusters use it to reduce your payout. They know contributory negligence gives them the upper hand in Virginia. You may get a lower offer, or none at all, because they believe you won’t win in court. This pressure often leads people to accept less than they might have received if they hadn’t been speeding.
Even if you were only going a few miles over the limit, it could still impact your case. Virginia law doesn’t consider how minor your role was, any fault can keep you from recovering damages. That’s why even a small mistake like speeding can have major financial consequences after a crash.