Virginia Injury Claims | Winchester, Harrisonburg and the Shenandoah Valley
Virginia's Contributory Negligence Rule and Your Injury Claim
After a serious crash, questions about who caused it can shape your path forward. Here is how the rule works in plain language, and what the firm does for people hurt in car, truck and commercial vehicle crashes.
Published October 26, 2026
A crash can leave you hurt and also worried that you share some blame. In Virginia, that worry is well founded. This guide explains how the rule works, how fault is decided, and which deadlines may apply to car, truck, commercial vehicle and serious injury claims. The firm is based in Winchester and has an office in Harrisonburg, and it represents people across the Shenandoah Valley, Richmond and Henrico County.
How does Virginia’s contributory negligence rule affect my claim if I was partly at fault for the accident?
Partial fault can stop a claim completely in Virginia. The rule is harsh, so even a small share of blame deserves careful attention.
Virginia follows contributory negligence: if you are found even partly at fault, you may be barred from recovering, with limited exceptions. Talk to a lawyer about your facts.
This is a bar on recovery, not a smaller payment.
Not sure what your next step is?
Talk it through with Correll Law Firm — we can walk you through how a situation like yours is usually handled and what your options are.
What Is Contributory Negligence?
In a crash, this can mean a driver who was distracted, speeding or failed to yield.
Each claim turns on the same core question. Did the injured person’s own careless conduct contribute to the harm? That question is answered on the facts, not on a general impression of who was at fault.
Because this is Virginia law, it applies the same way in Winchester, Harrisonburg, Richmond and Henrico County. The local setting does not change the rule.
How Partial Fault Comes Up in a Virginia Injury Claim
Partial fault is usually decided on evidence, not on one person’s word. That evidence often includes the police crash report, photographs, vehicle damage, witness statements and medical records showing how the injury happened.
Statements made early can shape how fault is later described. What you say at the scene, to other drivers or to insurers may be repeated later. You may wish to be careful about early statements and to write your own account while memory is fresh.
This can matter in multi-vehicle crashes and in truck cases where more than one party may share responsibility.
Catastrophic injuries add another layer. A serious traumatic brain injury or spinal cord injury can leave a person unable to recall the moments before impact. Early evidence, such as scene photos and vehicle data, becomes more important in those cases.
How Long Do You Have to File a Virginia Injury Lawsuit?
Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions. Va. Code § 8.01-243(A) provides that, unless otherwise provided in that section or by other statute, every action for personal injuries, whatever the theory of recovery, must be brought within two years after the cause of action accrues (Va. Code § 8.01-243).
Some claims carry notice requirements that run out sooner. A reader with a claim tied to a government vehicle or property may wish to act promptly.
Timing also affects the evidence itself. Skid marks, camera footage and vehicle data can be lost or repaired. Witnesses move and memories fade. Starting early helps keep the facts clear.
What Does Virginia Require After a Crash With Injury?
Virginia requires a driver involved in a crash with injury or death to stop and report it to police immediately (Va. Code §§ 46.2-371, 46.2-894). The duty to stop appears in Va. Code § 46.2-894, and the duty to give notice appears in Va. Code § 46.2-371.
The two-year period above is generally the deadline to file a personal injury lawsuit, unless this section or another statute provides otherwise (Va. Code § 8.01-243). It is not the deadline to report a crash. Reporting is a separate duty with its own timing.
Va. Code § 8.01-243(A) provides that, unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, must be brought within two years after the cause of action accrues (Va. Code § 8.01-243). A conviction for a violation that results in injury or death is a Class 5 felony under Va. Code § 46.2-894.
A prompt report creates an official record of the time and place. That record can help later, when fault is disputed.
How Does Partial Fault Affect a Wrongful Death Claim in Virginia?
A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code §§ 8.01-50(C), 8.01-244(B)), on behalf of the family members the statute protects. Family members do not file the case. They share in any recovery.
The claim depends on whether the injured person could have sued had death not followed (Va. Code § 8.01-50). So the same fault questions can come up in a wrongful death case.
Virginia wrongful death damages cover the family’s sorrow, mental anguish and loss of the decedent’s companionship, guidance and care; lost income and services; medical expenses from the injury; funeral expenses; and, for willful or wanton conduct, punitive damages (Va. Code § 8.01-52). The damages list is in Va. Code § 8.01-52.
Virginia allows punitive damages for actual malice, or for willful or wanton conduct or recklessness showing a conscious disregard for the safety of others, capped at $350,000 (Va. Code § 8.01-38.1). Va. Code § 8.01-38.1 provides that, in any action accruing on or after July 1, 1988, the total amount awarded for punitive damages against all defendants found to be liable is determined by the trier of fact, and that the jury is not advised of the limitation the statute prescribes (Va. Code § 8.01-38.1).
Not sure what your next step is?
Talk it through with Correll Law Firm — we can walk you through how a situation like yours is usually handled and what your options are.
Practical Steps to Protect a Claim When You May Share Some Fault
The steps that help most are keeping records and writing down events while memory is fresh. Good records make it easier to show what happened, whatever share of fault is disputed.
- Keep a copy of the crash report, photos of the scene and vehicles, and the names of witnesses.
- Write a dated timeline of the crash and your own account of the sequence.
- Save every medical record, bill and receipt, and note each follow-up visit.
- Keep a simple journal of missed work and daily limits, such as driving, lifting or caring for children.
Serious injuries often take a long time to heal. Keeping these records from the start makes later questions easier to answer.
For a broader look at serious injury claims in Virginia, see the firm’s catastrophic injuries page.
Frequently asked questions
Does a criminal case change the civil deadline?
Do claims against a city or county have shorter deadlines?
Some do. Negligence claims against a county, city or town need a written statement, including the time and place of the injury, filed within six months after the cause of action accrued. Failure to provide one does not bar the claim if the attorney, chief executive, or mayor of the locality, or any insurer or entity providing coverage or indemnification of the claim, had actual knowledge of the claim, including its nature and the time and place of the injury, within that six-month period. If the claimant was under a disability when the cause of action accrued, the tolling provisions of § 8.01-229 apply (Va. Code § 15.2-209).