Wrongful Death | Virginia
Who Can I Sue After a Fatal Crash in Virginia?
Losing someone in a crash raises hard questions. Here is how Virginia families think through who may be responsible, from the Shenandoah Valley to Richmond and Henrico County.
Published October 29, 2026
If a crash has killed someone you love, you may be asking who can I sue after a fatal crash in Virginia. The at-fault driver is usually the first possible defendant to consider. In some cases, an employer, a trucking company or a vehicle owner may also be a possible defendant. Which people can be named turns on the facts of how the crash happened.
Who Brings a Wrongful Death Claim in Virginia
A wrongful death claim is brought by the personal representative of the person who died, not by the family; actions for fetal death are brought by and in the name of the natural mother, or if she dies or is under a disability as defined in § 8.01-2, by the administrator of her estate, her guardian, or her personal representative qualified to bring such action (Va. Code § 8.01-50). 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. The governing statutes are Va. Code § 8.01-50 and Va. Code § 8.01-244.
Family members play a different role. They share in any recovery. The statute sets an order for who the beneficiaries are, starting with a surviving spouse and the children of the deceased (Va. Code § 8.01-53). Brothers and sisters are considered only if there is no surviving spouse, child, or grandchild, while other relatives who are primarily dependent on the decedent and in the same household may also share. Under Va. Code § 8.01-53, damages are distributed in a set order of beneficiaries. The first group is the surviving spouse, the children of the deceased, and the children of any deceased child of the deceased. When a child or grandchild survives, a parent of the decedent shares with that group only if, within 12 months before the death, the parent regularly received support or services from the decedent for necessaries, such as living expenses, food, shelter, health care expenses, or in-home assistance or care. If the decedent left a surviving spouse and one or both parents but no child or grandchild, the statute directs that the award be distributed to the surviving spouse and the parents, without that support or services condition (Va. Code § 8.01-53(A)). If there is no surviving spouse, children of the deceased, or children of any deceased child of the deceased, the award goes to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent, but a parent whose parental rights and responsibilities were terminated by a court or under a permanent entrustment agreement with a child welfare agency is not eligible. The statute sets out further clauses for other combinations of survivors. For a broader look at these claims, see the catastrophic injuries information on this site.
If a crash took someone you love, you may be wondering who can be held responsible, and you don't have to work through those questions alone. 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.
Drivers Whose Conduct Caused the Crash
Yes, the driver whose conduct caused the crash can often be a possible defendant. Whether a particular driver can be named turns on the facts. After a fatal crash, the people reviewing the case often look at speed, following distance, running a red light or stop sign, distraction, impairment and fatigue. These details help show whether a driver acted with reasonable care.
More than one driver can share responsibility.
Defendants often raise the question of the victim’s own conduct, so the facts of every driver’s actions matter. 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.
Employers and Trucking Companies
When a family asks who can I sue after a fatal crash in Virginia, a commercial truck often raises the employer question. An employer or trucking company can be a possible defendant in some crashes. Whether it can be named turns on the driver’s job, the trip and who directed the work.
Federal rules can shape these cases. Federal preemption can also come up.
Business records often answer these questions. Driver logs, maintenance files, dispatch records and hiring files can show what the company knew and when. Learn more about truck crash records in Virginia.
Vehicle Owners and Hit-and-Run Crashes
A vehicle’s owner is not always the person driving. The owner’s link to a crash is a question of fact. Registration, title and lease papers help show who owned or controlled a vehicle on the day of the crash. Those records often become important early in a case.
Hit-and-run crashes raise separate questions. 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 statutes are Va. Code § 46.2-371 and Va. Code § 46.2-894. The two-year period discussed above is the deadline to file a lawsuit. It is not the deadline to report a crash.
When the driver is never found, the police crash report and investigation records are often the starting point for identifying possible parties.
Damages a Family Can Seek in a Virginia Wrongful Death Case
Virginia wrongful death damages cover specific categories of loss that the statute lists. 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 full statute is at Va. Code § 8.01-52.
Punitive damages follow a different rule. 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). The limit is set by Va. Code § 8.01-38.1.
How Long Families Have to File
The main deadline for most Virginia personal injury claims is two years from the date of injury. 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. The statute is at Va. Code § 8.01-243.
Under Va. Code § 8.01-244(B), a wrongful death action must be brought by the personal representative of the decedent within two years after the death of the injured person. That deadline runs from the date of death and is separate from the personal injury period in Va. Code § 8.01-243, which runs from when the cause of action accrues.
Some claims run out sooner. A negligence claim against a county, city or town is forever barred unless the claimant or his agent, attorney, or representative files a written statement of the nature of the claim, including the time and place of the injury, within six months after the claim accrued (Va. Code § 15.2-209). The exceptions are when 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 within six months after it accrued, and when the claimant was under a disability when the claim accrued, in which case the tolling provisions of § 8.01-229 apply (Va. Code § 15.2-209). This matters when the vehicle involved belongs to a county, city or town, since Va. Code § 15.2-209 governs claims against those localities.
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.
Records to Gather and Where to Learn More
The police crash report is often the first record to gather after a fatal crash. Families also collect scene and vehicle photographs, witness names and contact details, insurance information, and medical records for any injured survivors. Written notes of what people said, and when, can help later. Learn more about how to get a Virginia crash report.
When other people were injured in the same crash, their claims may need different planning. A life care plan for catastrophic injury explains how future medical and daily care needs can be documented.
In short, the possible defendants can include the at-fault driver, other negligent parties, an employer or trucking company in some cases, and in some cases a vehicle owner or a government entity. Who can I sue after a fatal crash in Virginia depends on the facts, and the answer is not the same in every case.