{"id":7054,"date":"2026-10-29T12:44:56","date_gmt":"2026-10-29T12:44:56","guid":{"rendered":"https:\/\/correllfirm.com\/resources\/catastrophic-injuries\/what-happens-when-a-driver-hits-and-kills-a-pedestrian\/"},"modified":"2026-11-10T03:04:37","modified_gmt":"2026-11-10T03:04:37","slug":"what-happens-when-a-driver-hits-and-kills-a-pedestrian","status":"publish","type":"page","link":"https:\/\/correllfirm.com\/resources\/catastrophic-injuries\/what-happens-when-a-driver-hits-and-kills-a-pedestrian\/","title":{"rendered":"Pedestrian Killed by Car in Virginia: What Happens Next"},"content":{"rendered":"\n
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Pedestrian Crashes | Virginia<\/p>

Pedestrian Killed by Car in Virginia: What Happens Next<\/h1>

Losing someone in a pedestrian crash is overwhelming. Here is an overview of the steps that often follow, from the police investigation to a wrongful death claim, explained in plain language.<\/p>

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Published October 29, 2026<\/p>\n\n

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What happens when a driver hits and kills a pedestrian? In Virginia, the driver must stop right away and report the crash to police. After that, investigators document the scene, prosecutors decide whether any criminal charge applies, and a separate civil wrongful death claim may be possible.<\/p>\n

Those steps can feel overwhelming in the days after a death. This page explains them in plain language, from the driver’s duties at the scene to who may file a wrongful death claim and how time limits work. Correll Law Firm handles car accident, truck accident and wrongful death matters for people in the Shenandoah Valley and Richmond area. The firm is based in Winchester, Virginia. Every crash has its own facts, so the general rules below are a starting point.<\/p>\n

What the driver must do at the scene<\/h2>\n

The driver must stop immediately, as close to the scene as possible without blocking traffic, and report the crash to police. That duty applies whenever a crash causes injury or death.<\/p>\n

Virginia requires a driver involved in a crash with injury or death to stop and report it to police immediately (Va. Code \u00a7\u00a7 46.2-371<\/a>, 46.2-894<\/a>). The full duty is set out in Va. Code \u00a7 46.2-894<\/a>. The driver must give a name, address, driver’s license number and vehicle registration number to State Police or local law enforcement.<\/p>\n

The driver must also give reasonable help to the injured person. That includes taking the person to a physician, surgeon or hospital when treatment appears necessary or the injured person asks for it. If injuries keep the driver from doing these things, the driver must make the report as soon as reasonably possible.<\/p>\n

Leaving the scene carries serious consequences. A person convicted of violating this section is guilty of a Class 5 felony if the accident results in injury to or death of any person, or if the accident results in more than $1000 of damage to property; damage of $1000 or less to property is a Class 1 misdemeanor. A willful failure to report a crash with injury is a Class 4 misdemeanor under Va. Code \u00a7 46.2-371<\/a>.<\/p>\n

The two-year period discussed later is the deadline to file a personal injury lawsuit, unless another statute or an exception in this section provides otherwise (Va. Code \u00a7 8.01-243<\/a>). It is not the deadline to report a crash.<\/p>\n\n

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If a crash took someone you love, you may have a claim, and you do not have to face the 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.<\/p>

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How the police investigation and crash report work<\/h2>\n

Police document the scene and write a crash report, which becomes the official record of the investigation. Families may be able to request a copy.<\/p>\n

Officers typically record measurements, vehicle damage, weather, lighting and the names of witnesses. Investigators may also look at the vehicle, phone records and video from nearby cameras. Video and vehicle evidence can change or disappear, so early attention to them matters.<\/p>\n

The first report is a starting point. Later findings can add to or change the early picture of what happened.<\/p>\n

Charging decisions come after the investigation. Prosecutors and the courts decide whether any criminal charge applies, based on what the investigation shows. No one can predict that outcome from the crash alone.<\/p>\n

Criminal charges and the civil claim are different matters<\/h2>\n

A criminal case and a civil claim are separate tracks with different goals. The criminal side asks whether the driver committed an offense. The civil side lets the injured person, or in a death case the personal representative of the deceased, seek compensation for losses.<\/p>\n

The government brings a criminal case.<\/p>\n

One link between the two tracks is worth knowing. Va. Code \u00a7 8.01-44.5:1<\/a> allows punitive damages in a personal injury or death action arising from conduct that is a felony violation of \u00a7 46.2-894<\/a>. Whether that applies to a given crash is a question for the facts of that case.<\/p>\n

Families sometimes wait for a criminal case to end before asking questions about a civil claim. Because other provisions of Virginia law can change the civil time limits, including subsection K of \u00a7 8.01-229, which Va. Code \u00a7 8.01-244(A)<\/a> cross-references, the timing of a civil claim should be checked against the facts rather than assumed.<\/p>\n

Who can bring a wrongful death claim after a pedestrian is killed<\/h2>\n

A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code \u00a7\u00a7 8.01-50(C)<\/a>, 8.01-244(B)<\/a>), on behalf of the family members the statute protects. The filing rules appear in Va. Code \u00a7 8.01-50<\/a> and Va. Code \u00a7 8.01-244<\/a>.<\/p>\n

In plain terms, the personal representative is the person legally authorized to bring the action for the person who died. That person acts for the estate in this claim.<\/p>\n

Who shares in a recovery follows Va. Code \u00a7 8.01-53<\/a>. The statute lists beneficiaries in a set order, starting with the surviving spouse and the children of the deceased. Parents share alongside a surviving spouse, children of the deceased, or children of any deceased child of the deceased only if, within 12 months prior to the decedent’s death, they regularly received support or regularly received services from the decedent for necessaries, including living expenses, food, shelter, health care expenses, or in-home assistance or care. Where the decedent left a surviving spouse and parents but no child or grandchild, the award is distributed to the surviving spouse and those parents under a separate provision of the statute, without that support-or-services condition. The statute also provides for other combinations of survivors. It fixes the class when the verdict is entered if the jury specifies the distribution, or when the judgment is rendered if the court specifies it.<\/p>\n

What a Virginia wrongful death claim can cover<\/h2>\n

A Virginia wrongful death claim can cover the family’s losses from the death, including funeral expenses and medical expenses tied to the injury. 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 \u00a7 8.01-52<\/a>). The statute is at Va. Code \u00a7 8.01-52<\/a>.<\/p>\n

Punitive damages are available under the conditions Virginia law sets out. Va. Code \u00a7 8.01-38.1<\/a> sets that cap, and the jury is not told about it.<\/p>\n

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 \u00a7 8.01-38.1<\/a>). The jury must find that the conduct met this standard. See Va. Code \u00a7 8.01-38.1<\/a>.<\/p>\n

The list above does not include the injured person’s own suffering before death. That is a separate kind of claim.<\/p>\n

Time limits for filing<\/h2>\n

Two years is the general rule for both wrongful death and personal injury claims in Virginia, but the clock starts at different points.<\/p>\n

Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code \u00a7 8.01-243(A)<\/a>); the clock runs from the date of injury, not the date of discovery, with narrow exceptions. The personal injury rule is in Va. Code \u00a7 8.01-243<\/a>.<\/p>\n

Some claims carry notice requirements that run out sooner. Those rules can be stricter than the two-year filing period.<\/p>\n

Wrongful death timing follows Va. Code \u00a7 8.01-244<\/a>. That period runs from the death of the injured person, and it is not measured under the personal injury rule.<\/p>\n

Grief and paperwork can make dates hard to track. Writing the date of the crash and the date of death on one page is a simple step that keeps the timeline clear.<\/p>\n\n

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Not sure what your next step is?<\/h3>

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.<\/p>

Schedule a case evaluation<\/a><\/div>
Schedule a case evaluation<\/a><\/div><\/div>\n<\/div>\n

How fault is handled when a pedestrian was partly responsible<\/h2>\n

Fault is judged on the facts of each crash, and Virginia applies a strict rule when the injured person shares any blame. 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.<\/p>\n

Questions about crossing outside a crosswalk, walking at night or stepping into traffic are weighed through evidence. That evidence includes the crash report, witness statements, lighting conditions and the path of the vehicle.<\/p>\n

Drivers face the same kind of questions about speed, attention and signals. Those points are weighed through the same evidence.<\/p>\n

Evidence and records that matter after a fatal pedestrian crash<\/h2>\n

The most useful records after a fatal pedestrian crash include the police crash report, scene photographs, vehicle data, witness accounts and medical records. Autopsy records and phone records can also matter, as can video from nearby cameras.<\/p>\n

Early preservation matters. A vehicle, its damage and any video can be repaired, altered or erased over time. Noting where these items are kept helps prevent surprises later.<\/p>\n

Insurance adds another layer. The driver’s coverage and the family’s own coverage may both be involved, and the policies decide what applies. Virginia’s auto-insurance requirements are described on the Virginia DMV insurance page<\/a>.<\/p>\n

Insurance representatives may reach out to a grieving family soon after a death. Families may wish to talk with a lawyer before giving a recorded statement or signing anything.<\/p>\n\n

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Common questions after a pedestrian is killed<\/h2>\n

Short answers to common questions appear below, based on the rules discussed above.<\/p>

Does a driver have to stop after hitting a pedestrian in Virginia?<\/summary>

Yes. The driver must stop as close to the scene as possible and report the crash to police or other law enforcement.<\/p><\/details>

Does the stop-and-report duty apply to cyclists?<\/summary>

Yes. Va. Code \u00a7 46.2-894<\/a> applies to any accident in which a person is killed or injured, so the duty is not limited to pedestrians.<\/p><\/details>

Can a family sue if the driver was not charged?<\/summary>

A missing criminal charge does not by itself decide whether a civil claim exists. Whether a claim can go forward turns on the facts and the deadlines that apply.<\/p><\/details>

What should a family keep after a fatal pedestrian crash?<\/summary>

Keep the police report number, the names and addresses of witnesses, medical records and funeral records. Write down the dates of the crash and the death.<\/p><\/details><\/article>\n