Virginia · Pedestrian accident · Updated
Pedestrian accident cases in Virginia: the rules and the lawyers
The deadline to file, the fault rule and the other Virginia rules that matter for a pedestrian accident case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Virginia that take pedestrian accident cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
If you were partly at fault
We don’t show Virginia’s rule for shared fault here until we have checked it against the official text. If you may have been partly at fault, ask a lawyer how that affects your claim.
Firms we list
0 firms
None yet for pedestrian accident cases.
Know this first
Step 1: Two years to file in court
2 yearsfor most injury lawsuits
In Virginia, most injury lawsuits must be filed in court within two years1. The two years count from the day the claim “accrues”, which means the day it legally begins. Which day that is can depend on your facts, so it is worth asking a lawyer.
If someone died, a wrongful-death claim has two years, counted from the day of the death. It is brought by the person in charge of the estate2.
Some claims have other periods. The list of Virginia deadlines below gives the exceptions with the statute text.
The law, as written
Some claims have different or shorter deadlines. Ask any firm you call which one applies to you.
Personal injury2 years
In Virginia, unless another statute or another part of the section provides otherwise, every action for personal injuries, “whatever the theory of recovery,” must be brought within two years after the cause of action accrues1.
More detail
The general two-year rule is also the rule for malpractice against a health care provider; see “Medical malpractice” below for the one-year extensions in § 8.01-243(C)1.
Claims against the Commonwealth and localitiesNotice: 1 year (Commonwealth), 6 months (localities)
Under the Virginia Tort Claims Act, a written notice of claim stating the time and place of the injury and the agency alleged to be liable must be filed within one year after the cause of action accrued3. In Virginia, a Tort Claims Act claim is forever barred unless the action is commenced within 18 months of the filing of the notice of claim, or within two years after the cause of action accrues4.
More detail
The current § 8.01-195.7 bars the claim unless the action is commenced “within 18 months of the filing of the notice of claim, or within two years after the cause of action accrues”; its history line lists amendments through 2016.
In Virginia, a Tort Claims Act suit may be commenced on denial of the claim or after six months from the filing of the notice of claim, unless the claim has been compromised and discharged within that period4.
In Virginia, a negligence claim against a county, city or town is barred unless a written statement of the nature of the claim, including the time and place of the injury, is filed within six months after the cause of action accrued with the county, city or town attorney or with the chief executive or mayor5.
In Virginia, failure to file the § 15.2-209 statement does not bar the claim if the locality's attorney, chief executive or mayor, or an insurer or entity covering the claim, had actual knowledge of the claim (its nature, time and place) within six months, and the § 8.01-229 disability tolling applies5. The section states that it is mandatory and strictly construed, and procedural rather than jurisdictional5.
Wrongful death2 years from death
In Virginia, a wrongful-death action under § 8.01-50 must be brought by the decedent's personal representative within two years after the death of the injured person2. If such an action abates or is dismissed without a decision on the merits, the time it was pending is not counted, though a voluntary nonsuit follows § 8.01-229 instead2.
Know this too
Step 2: If you were partly at fault, you may get nothing
Most states cut your money by your share of the fault. Virginia is one of the few that doesn’t. If your own carelessness helped cause the injury, you can be barred (shut out) from recovering anything.
- Damages the court finds
- $100,000
- Your carelessness did not help cause the harm
- You can recover $100,000
- Your carelessness helped cause the harm
- You may recover $0
These numbers only show how the rule works. They are not typical amounts. In a state with a 51% rule, a small share of fault would only lower the amount.
Be careful what you say about fault
Because any share of blame can matter so much here, don’t guess about fault, or agree to a version of events, when an insurance company asks. Talking to the other driver’s insurance company has more on those calls.
If a government body was involved
Step 3: Claims against the state or a city: notice comes first
If a government body caused the harm, you usually have to send a written notice long before the two years are up. Miss it and the claim can be lost.
- The state: notice within one yearFor a claim against the Commonwealth (the state) or a transportation district, a written notice must be filed within one year. It must say what the claim is about, when and where the injury happened, and which agency is to blame3.
- A county, city or town: notice within six monthsFor a negligence claim against a county, city or town, a written statement must be filed within six months. It must say what the claim is about and when and where the injury happened5. It goes to the county, city or town attorney, or to the chief executive or mayor5.
There is one safety net. A late or missing statement may not end the claim if the city’s attorney, chief executive, mayor or insurance company already knew about it within the six months. Special rules also apply if the injured person was a child or unable to act5. Don’t count on these. The law says the notice rule is strict5.
Find out early
If a bus, police car, city truck, public road or public building was part of what happened, ask a lawyer soon. They can check who the claim is against and when the notice is due.
If you were hurt in a car crash, or hit while walking
Step 4: Car crashes: the other driver’s insurance and your own
In Virginia, it is a crime to drive a car you own with no insurance6. After a crash, you usually claim against the driver at fault, and that driver’s insurance pays, up to its limits.
For policies that start on or after January 1, 2025, there are set minimums. They are $50,000 for one person hurt or killed, $100,000 for two or more people, and $25,000 for damage to property, in one crash7. A serious injury can cost more than that.
- Every policy has cover for drivers with no insurance, or too littleThis is called uninsured and underinsured motorist cover. Every Virginia car policy must include it8. If no one knows who the other driver was, as in a hit-and-run, the law treats that car as uninsured8.
- How muchThe cover matches your policy’s own limits, unless a named person on the policy chose less. It can’t go below the minimums above, and that choice binds everyone on the policy89.
- Extra cover for medical billsInsurers must tell you that you can buy extra cover for medical bills and lost pay. It pays up to $2,000 a person for medical bills, or another amount you agree. For lost pay, it pays up to $100 a week, for up to one year9. Check your policy to see if you bought it.
- At the scene: stop and helpIf someone is hurt or killed, or a car or other property with a person there is damaged, every driver must stop near the scene. Give your name, address, driver’s license number and registration number right away. The law lists who to tell: the police, the person hurt, or the other driver10.
- Help anyone hurtDrivers must give reasonable help to anyone hurt. That includes taking them to a doctor or hospital if they clearly need care or ask for it10.
See a doctor soon
Get checked after a crash even if you feel fine. It protects your health, and it creates a record. What to do after a car accident covers the first days step by step.
If they were a minor
Step 5: If the injured person is a child
For most injury claims, if the injured person was a minor when the claim began, the usual period doesn’t start until they are no longer a minor11. This doesn’t apply to a minor who has been emancipated (made legally independent by a court)11.
Medical-malpractice claims are different. A child’s claim against a health care provider must be brought within two years of the provider’s last act that caused the harm. If the child was under 8 when it happened, they have until their 10th birthday12.
The law, as written
MinorsTolled during minority
In Virginia, a person who is a minor (or incapacitated) when the cause of action accrues may bring the action within the limitation period after the disability is removed, unless the Code provides otherwise11.
More detail
In Virginia, notwithstanding § 8.01-229(A), a minor's medical-malpractice action accruing on or after July 1, 1987 must be brought within two years of the last act or omission giving rise to the claim, except that a minor who was less than eight years of age when the malpractice occurred has until his tenth birthday12.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day you noticed the harm, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. Find injury law firms in Virginia, listed A–Z or by distance, never ranked.
- Ask each firmWhich deadline applies to me, could the fault rule bar my claim, and does a notice need to go out?
More Virginia rules
This page keeps to the rules that matter most for a pedestrian accident case. The Virginia page has all of them.
Injured in Virginia: all deadlines and rules
Other case types in Virginia:
After a pedestrian accident: the general guide
What to do if a car hit you while you were walking: first steps, the evidence that disappears fastest, whose insurance may pay, how fault gets argued, and your deadlines.
How to check a lawyer’s license in Virginia
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take pedestrian accident cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Va. Code Ann. § 8.01-243“A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. C. The two-year limitations period specified in subsection A shall be extended in actions for malpractice against a health care provider as follows: 1. In cases arising out of a foreign object having no therapeutic or diagnostic effect being left in a patient's body, for a period of one year from the date the object is discovered or reasonably should have been discovered; 2. In cases in which fraud, concealment, or intentional misrepresentation prevented discovery of the injury within the two-year period, for one year from the date the injury is discovered or, by the exercise of due diligence, reasonably should have been discovered; and 3. In a claim for the negligent failure to diagnose a malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma, for a period of one year from the date the diagnosis ... is communicated to the patient by a health care provider ... However, the provisions of this subsection shall not apply to extend the limitations period beyond 10 years from the date the cause of action accrues, except that the provisions of subdivision A 2 of § 8.01-229 shall apply to toll the statute of limitations in actions brought by or on behalf of a person under a disability.”Read the source: Va. Code Ann. § 8.01-243
- Va. Code Ann. § 8.01-244“B. Every action under § 8.01-50 shall be brought by the personal representative of the decedent within two years after the death of the injured person. If any such action is brought within such period of two years after such person's death and for any cause abates or is dismissed without determining the merits of such action, the time such action is pending shall not be counted as any part of such period of two years and another action may be brought within the remaining period of such two years as if such former action had not been instituted. However, if a plaintiff suffers a voluntary nonsuit pursuant to § 8.01-380, the nonsuit shall not be deemed an abatement nor a dismissal pursuant to this subsection, and the provisions of subdivision E 3 of § 8.01-229 shall apply to such a nonsuited action.”Read the source: Va. Code Ann. § 8.01-244
- Va. Code Ann. § 8.01-195.6“A. Every claim cognizable against the Commonwealth or a transportation district shall be forever barred unless the claimant or his agent, attorney or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred and the agency or agencies alleged to be liable, within one year after such cause of action accrued. ...”Read the source: Va. Code Ann. § 8.01-195.6
- Va. Code Ann. § 8.01-195.7“Every claim cognizable against the Commonwealth or a transportation district under this article shall be forever barred, unless within one year after the cause of action accrues to the claimant the notice of claim required by § 8.01-195.6 is properly filed. An action may be commenced pursuant to § 8.01-195.4 (i) upon denial of the claim by the Attorney General or the Director of the Division of Risk Management or, in the case of a transportation district, by the chairman of the commission of that district or (ii) after the expiration of six months from the date of filing the notice of claim unless, within that period, the claim has been compromised and discharged pursuant to § 8.01-195.5. All claims against the Commonwealth or a transportation district under this article shall be forever barred unless such action is commenced within 18 months of the filing of the notice of claim, or within two years after the cause of action accrues.”Read the source: Va. Code Ann. § 8.01-195.7
- Va. Code Ann. § 15.2-209“A. Every claim cognizable against any county, city, or town for negligence shall be forever barred unless the claimant or his agent, attorney, or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued. Failure to provide such statement shall not bar a claim against any county, city, or town, provided that the attorney, chief executive, or mayor of such locality, or any insurer or entity providing coverage or indemnification of the claim, had actual knowledge of the claim, which includes the nature of the claim and the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued. However, if the claimant was under a disability at the time the cause of action accrued, the tolling provisions of § 8.01-229 shall apply. B. The statement shall be filed with the county, city, or town attorney or with the chief executive or mayor of the county, city, or town. G. The provisions of this section are mandatory and shall be strictly construed. This section is procedural and compliance with its provisions is not jurisdictional.”Read the source: Va. Code Ann. § 15.2-209
- Va. Code Ann. § 46.2-707“Any person who owns an uninsured motor vehicle (i) licensed in the Commonwealth, (ii) subject to registration in the Commonwealth, or (iii) displaying temporary license plates provided for in § 46.2-1558 who operates or permits the operation of that motor vehicle is guilty of a Class 3 misdemeanor.”Read the source: Va. Code Ann. § 46.2-707
- Va. Code Ann. § 46.2-472“B. For all policies effective on or after January 1, 2025, every motor vehicle owner's policy shall: … 3. Insure the insured or other person against loss from any liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person, and injury to or destruction of property caused by an accident and arising out of the ownership, use, or operation of such motor vehicle or vehicles within the Commonwealth, any other state in the United States, or Canada, subject to a limit exclusive of interest and costs, with respect to each motor vehicle, of $50,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $100,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of $25,000 because of injury to or destruction of property of others in any one accident.”Read the source: Va. Code Ann. § 46.2-472
- Va. Code Ann. § 38.2-2206“A. Except as provided in subsection J, no policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle shall be issued or delivered in this Commonwealth to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this Commonwealth upon any motor vehicle principally garaged or used in this Commonwealth unless it contains an endorsement or provisions undertaking to pay the insured all sums that he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits not less than the requirements of § 46.2-472. Those limits shall equal but not exceed the limits of the liability insurance provided by the policy, unless any one named insured rejects the additional uninsured motorist insurance coverage by notifying the insurer as provided in subsection B of § 38.2-2202. This rejection of the additional uninsured motorist insurance coverage by any one named insured shall be binding upon all insureds under such policy. The endorsement or provisions shall also provide underinsured motorist insurance coverage with limits that shall be equal to the uninsured motorist insurance coverage limits and shall obligate the insurer to make payment for bodily injury or property damage caused by the operation or use of an underinsured motor vehicle to the extent the vehicle is underinsured. The endorsement shall provide that underinsured motorist coverage shall be paid without any credit for the bodily injury and property damage coverage available for payment, unless any one named insured signs an election to reduce any underinsured motorist coverage payments by the bodily injury liability or property damage liability coverage available for payment by notifying the insurer as provided in subsection C of § 38.2-2202. This election by any one named insured shall be binding upon all insureds under such policy. … B. 1. As used in this section: … "Uninsured motor vehicle" means a motor vehicle for which (i) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by § 46.2-472, (ii) there is such insurance but the insurer writing the insurance denies coverage for any reason whatsoever, including failure or refusal of the insured to cooperate with the insurer, (iii) there is no bond or deposit of money or securities in lieu of such insurance, (iv) the owner of the motor vehicle has not qualified as a self-insurer under the provisions of § 46.2-368, or (v) the owner or operator of the motor vehicle is immune from liability for negligence under the laws of the Commonwealth or the United States, in which case the provisions of subsection F shall apply and the action shall continue against the insurer. A motor vehicle shall be deemed uninsured if its owner or operator is unknown.”Read the source: Va. Code Ann. § 38.2-2206
- Va. Code Ann. § 38.2-2202“A. 1. No new policy for insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be issued or delivered in the Commonwealth unless there is enclosed with the policy, in boldface type, the following statement: "IMPORTANT NOTICE: (a) PAYMENT OF UP TO $2,000 PER PERSON FOR ALL REASONABLE AND NECESSARY EXPENSES FOR MEDICAL, CHIROPRACTIC, HOSPITAL, DENTAL, SURGICAL, PROSTHETIC AND REHABILITATION SERVICES, SERVICES PROVIDED BY AN EMERGENCY MEDICAL SERVICES VEHICLE AS DEFINED IN § 32.1-111.1 OF THE CODE OF VIRGINIA , AND FUNERAL EXPENSES RESULTING FROM THE ACCIDENT AND INCURRED WITHIN THREE YEARS AFTER THE DATE OF THE ACCIDENT. HOWEVER, IF YOU DO NOT PURCHASE THE $2,000 LIMIT OF COVERAGE, YOU AND THE COMPANY MAY AGREE TO ANY OTHER LIMIT; AND; (b) AN AMOUNT EQUAL TO THE LOSS OF INCOME UP TO $100 PER WEEK IF THE INJURED PERSON IS ENGAGED IN AN OCCUPATION FOR WHICH HE RECEIVES COMPENSATION, FROM THE FIRST WORKDAY LOST AS A RESULT OF THE ACCIDENT UP TO THE DATE THE PERSON IS ABLE TO RETURN TO HIS USUAL OCCUPATION. SUCH PAYMENTS ARE LIMITED TO A PERIOD EXTENDING ONE YEAR FROM THE DATE OF THE ACCIDENT. IF YOU DESIRE TO PURCHASE EITHER OR BOTH OF THESE COVERAGES AT AN ADDITIONAL PREMIUM, YOU MAY DO SO BY CONTACTING THE AGENT OR COMPANY THAT ISSUED YOUR POLICY." B. No new policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be issued or delivered in the Commonwealth unless the following statement, printed in boldface type, is enclosed with the policy: … YOU ARE ENTITLED TO PURCHASE UNINSURED/UNDERINSURED COVERAGE LIMITS EQUAL TO THE LIABILITY LIMITS ON YOUR MOTOR VEHICLE POLICY. HOWEVER, ANY ONE NAMED INSURED HAS THE RIGHT TO REDUCE THE LIMITS OF THE UNINSURED/UNDERINSURED MOTORIST COVERAGE TO LESS THAN THE LIABILITY LIMITS ON THE POLICY BUT NO LOWER THAN THE FINANCIAL RESPONSIBILITY LIMITS REQUIRED BY § 46.2-472 OF THE CODE OF VIRGINIA. THE INSURER MAY REQUIRE THAT A REQUEST TO REDUCE COVERAGE BE IN WRITING. ONCE ANY ONE NAMED INSURED REDUCES THE POLICY LIMITS FOR UNINSURED/UNDERINSURED MOTORIST COVERAGE BELOW THE POLICY'S LIABILITY LIMITS, THAT ELECTION IS BINDING ON ALL INSUREDS ON THE POLICY. LATER, IF YOU DESIRE TO INCREASE YOUR LIMITS, YOU MUST MAKE A SPECIFIC REQUEST TO YOUR INSURER. YOU MAY WANT TO PUT THIS REQUEST IN WRITING. … C. No policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be issued, delivered, or renewed after July 1, 2025, in the Commonwealth unless the following statement, printed in boldface type, is enclosed with the policy: … YOUR INSURANCE IS REQUIRED TO PROVIDE UNDERINSURED MOTORIST COVERAGE THAT PAYS ANY DAMAGES DUE TO AN INSURED IN ADDITION TO ANY BODILY INJURY OR PROPERTY DAMAGE LIABILITY THAT IS APPLICABLE TO THE INSURED'S DAMAGES. YOU MAY CHOOSE TO CHANGE THE WAY YOUR UNDERINSURED MOTORIST COVERAGE IS CALCULATED. DEPENDING ON THE CHANGE, YOU MAY REDUCE THE AMOUNT OF COVERAGE YOU HAVE AND YOUR PREMIUM MAY CHANGE. CONTACT YOUR AGENT OR INSURER FOR ADDITIONAL INFORMATION. ANY REQUEST TO CHANGE HOW YOUR UNDERINSURED MOTORIST COVERAGE IS CALCULATED MUST BE IN WRITING. ONCE ANY NAMED INSURED CHOOSES TO MAKE SUCH A CHANGE IN THE UNDERINSURED MOTORIST COVERAGE, THAT CHANGE IS BINDING ON ALL INSUREDS ON THE POLICY. ANY LATER CHANGES YOU MAY WISH TO MAKE TO HOW YOUR UNDERINSURED MOTORIST COVERAGE IS CALCULATED MUST ALSO BE IN WRITING.”Read the source: Va. Code Ann. § 38.2-2202
- Va. Code Ann. § 46.2-894“The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic, as provided in § 46.2-888, and report his name, address, driver's license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency, to the person struck and injured if such person appears to be capable of understanding and retaining the information, or to the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property. The driver shall also render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person.”Read the source: Va. Code Ann. § 46.2-894
- Va. Code Ann. § 8.01-229“A. Disabilities which toll the statute of limitations. — Except as otherwise specifically provided in §§ 8.01-237, 8.01-241, 8.01-242, 8.01-243, 8.01-243.1 and other provisions of this Code, 1. If a person entitled to bring any action is at the time the cause of action accrues an infant, except if such infant has been emancipated ..., or incapacitated, such person may bring it within the prescribed limitation period after such disability is removed; ...”Read the source: Va. Code Ann. § 8.01-229
- Va. Code Ann. § 8.01-243.1“Notwithstanding the provisions of § 8.01-229 A and except as provided in subsection C of § 8.01-243, any cause of action accruing on or after July 1, 1987, on behalf of a person who was a minor at the time the cause of action accrued for personal injury or death against a health care provider pursuant to Chapter 21.1 (§ 8.01-581.1 et seq.) shall be commenced within two years of the date of the last act or omission giving rise to the cause of action except that if the minor was less than eight years of age at the time of the occurrence of the malpractice, he shall have until his tenth birthday to commence an action.”Read the source: Va. Code Ann. § 8.01-243.1
- Litchford v. Hancock, 232 Va. 496, 352 S.E.2d 335 (1987)
- O'Neill v. Windshire-Copeland Associates (Va. 2004)
This is general information, not legal advice.