Motor vehicle collisions are the largest part of what we do. What we have learned from that volume is that these cases are not interchangeable. A rear-end collision, an intersection crash, a distracted-driving case, and a hit-and-run each fail for different reasons, and each gets proved a different way. Start with the one that matches what happened to you.
Why does contributory negligence decide most DMV crash cases?
In Washington, D.C., Maryland, and Virginia, an injured person whose own negligence contributed to the crash can be barred from recovering anything, even if the other driver was far more at fault. The D.C. Court of Appeals has described the District as "one of the few jurisdictions in which the claimant's contributory negligence can act as a complete defense" (Jarrett v. Woodward Bros., Inc., 751 A.2d 972 (D.C. 2000)). Maryland's highest court declined to abandon the rule in 2013, leaving any change to the General Assembly (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (Md. 2013)). Virginia applies the same bar (Pack v. Doe, 236 Va. 323 (Va. 1988)).
That is why the insurer's first move in a DMV crash case is rarely to deny that its driver was careless. It is to find something you did: a few miles over the limit, a glance at the radio, a late brake, a lane change without a signal. If a jury believes it, the claim is over.
We answer that argument with evidence, not adjectives. We pin down the timeline with video, witnesses, and signal records, so the question becomes what the other driver did and when, rather than what you might have done differently in the last second. We also look for the doctrines that soften the rule, such as last clear chance, which Maryland and Virginia both recognize and which D.C.'s statute expressly preserves.
How long do you have to file a car accident lawsuit?
You generally have three years from the crash to file an injury lawsuit in D.C. (D.C. Code § 12-301(8)) and Maryland (Md. Code, Cts. & Jud. Proc. § 5-101), but only two years in Virginia (Va. Code § 8.01-243(A)). Claims involving a government vehicle carry much shorter notice deadlines.
| Rule | Washington, D.C. | Maryland | Virginia |
|---|---|---|---|
| Deadline to file an injury lawsuit | 3 years (D.C. Code § 12-301(8)) | 3 years (Cts. & Jud. Proc. § 5-101) | 2 years (Va. Code § 8.01-243(A)) |
| Notice when a local government vehicle is involved | Written notice to the Mayor within 6 months (D.C. Code § 12-309) | Written notice within 1 year under the Local Government Tort Claims Act (Cts. & Jud. Proc. § 5-304) | Written statement to the locality within 6 months (Va. Code § 15.2-209) |
| Contributory negligence | Yes, with a statutory limit for pedestrians and vulnerable road users | Yes | Yes |
Deadlines have exceptions, and a crash involving a city bus, a county vehicle, or a federal vehicle runs on its own clock. If a government driver was involved, call us right away. For federal vehicles, see our page on Federal Tort Claims Act claims.
Car accident claims in Washington, D.C.
In D.C., a driver or passenger hurt in a crash generally has three years to sue (D.C. Code § 12-301(8)), and the District's contributory negligence rule applies in full to people injured inside a car (Jarrett, 751 A.2d 972). The exception is narrow but important: if you were walking, or riding a bicycle, scooter, motorcycle, skateboard, or similar device, your own negligence does not bar recovery against a motor vehicle unless it was a proximate cause of your injury and greater than the combined negligence of all the defendants (D.C. Code § 50-2204.52; the list of covered "vulnerable users" is in § 50-2204.51).
D.C. insurers must offer optional personal injury protection (PIP) coverage, which pays medical and rehabilitation expenses, work loss, and funeral benefits without regard to fault (D.C. Code § 31-2404). Whether you have it, and how much, depends on what you chose when you bought the policy, so we read the declarations page early. If a District vehicle hit you, written notice to the Mayor within six months is a condition of suing (D.C. Code § 12-309). A Metropolitan Police Department report made in the regular course of duty can count as notice, but we do not rely on that alone. Our guide to suing the District of Columbia explains the rest.
Car accident claims in Maryland
In Maryland, you generally have three years from the crash to file suit, and any contributory negligence on your part can bar the claim (Md. Code, Cts. & Jud. Proc. § 5-101; Coleman, 432 Md. 679). Maryland also caps noneconomic damages such as pain and suffering. For causes of action arising from October 1, 2026 through September 30, 2027, the cap is $980,000 (Cts. & Jud. Proc. § 11-108). The jury is not told about the cap; the judge reduces any award above it.
The cap makes the economic side of a Maryland case matter more: lost earnings, future medical care, and the cost of help at home are not capped, and they have to be proved with records and, in serious cases, with economists and life-care planners. If a county or other local government vehicle was involved, the Local Government Tort Claims Act requires written notice within one year. In Montgomery County it goes to the County Executive; in Prince George's County, to the county attorney or county solicitor (Cts. & Jud. Proc. § 5-304(c)). Read more on our Maryland car accident claims page.
Car accident claims in Virginia
In Virginia, you generally have only two years from the crash to file a personal injury lawsuit, and contributory negligence applies (Va. Code § 8.01-243(A); Pack, 236 Va. 323). Virginia's last clear chance doctrine can overcome the bar in limited situations. The Supreme Court of Virginia has described two: a "helpless" plaintiff who could not physically escape the danger, and an "inattentive" plaintiff who could have escaped but was unaware of it, where the defendant actually saw the plaintiff (Pack, 236 Va. 323). In either case, the driver must have realized, or should have realized, the danger in time to avoid it.
Virginia's uninsured motorist statute is one of the strongest tools in a Virginia case. Underinsured motorist coverage is paid without a credit for the at-fault driver's liability coverage unless a named insured on your policy elected to reduce it, and a claim against an unknown hit-and-run driver can proceed against "John Doe" (Va. Code § 38.2-2206). If the other driver's conduct was willful or wanton, punitive damages are possible, but the total punitive award against all defendants cannot exceed $350,000 (Va. Code § 8.01-38.1). Claims against a Virginia county, city, or town require a written statement within six months to the locality's attorney, chief executive, or mayor, unless one of them had actual knowledge of the claim within that time (Va. Code § 15.2-209). More on our Virginia car accident claims page.
$750,000
Rear-ended by a commercial van; permanent post-concussion injury on under $34,000 in medical bills.
Results depend on the facts of each case and do not guarantee or predict a similar result in any future case. Amounts are gross recoveries before attorney's fees, case expenses, and medical liens.
More than $725,000
Two passengers critically injured in one collision; substantially all available coverage recovered.
Results depend on the facts of each case and do not guarantee or predict a similar result in any future case. Amounts are gross recoveries before attorney's fees, case expenses, and medical liens.
Truck, rideshare, and motorcycle crashes
Some collisions bring in a second set of rules and a second set of defendants. A tractor-trailer crash involves federal safety regulations, a motor carrier, and records that the carrier controls. An Uber or Lyft crash turns on what the driver's app showed at the moment of impact. A motorcycle crash invites bias that has to be confronted directly. Each has its own page:
- Truck accident claims: commercial carriers and federal safety rules.
- Uber and Lyft crash claims: layered insurance and arbitration clauses.
- Motorcycle crash claims: D.C.'s vulnerable-user rule and the defenses riders face in Maryland and Virginia.
When the at-fault driver does not have enough insurance
A serious injury can exceed the other driver's policy many times over. When it does, the next source of money is often your own policy: uninsured and underinsured motorist coverage, sometimes on more than one vehicle in your household. These claims are made against your own insurer, which then behaves like an adversary. We handle them as part of the case from the start, so that a settlement with the at-fault driver does not compromise the claim against your own carrier. See uninsured and underinsured motorist claims.
$500,000
Underinsured motorist claim litigated against our client's own insurer after it refused to pay.
Results depend on the facts of each case and do not guarantee or predict a similar result in any future case. Amounts are gross recoveries before attorney's fees, case expenses, and medical liens.
How we build a car accident case
Car cases are won or lost on evidence that starts disappearing the day of the crash. In the first weeks we work to secure:
- The police report, the officer's diagram, and any body-worn camera footage.
- Video from traffic cameras, buses, businesses, and doorbell cameras before it is recorded over.
- Signal timing records for intersection crashes.
- Names and statements of independent witnesses.
- Phone records when distraction is suspected.
- Every insurance policy that might apply: the driver's, the vehicle owner's, an employer's, and your own.
Then we prove the injury. Insurers routinely argue that a low-damage crash cannot cause lasting harm, or that normal imaging means nothing is wrong. We work with your treating doctors to document what the injury actually is and how it has changed your life, so the case is decided on the medicine rather than on photographs of a bumper.
$350,000
Rear-end collision; neurological injury with normal brain imaging.
Results depend on the facts of each case and do not guarantee or predict a similar result in any future case. Amounts are gross recoveries before attorney's fees, case expenses, and medical liens.
Frequently asked questions
How long do I have to file a car accident lawsuit in D.C., Maryland, or Virginia?
Generally three years in D.C. (D.C. Code 12-301(8)) and Maryland (Courts and Judicial Proceedings 5-101), and two years in Virginia (Va. Code 8.01-243(A)). Claims involving a government vehicle have much shorter notice deadlines: six months in D.C. and for Virginia localities, and one year for Maryland local governments. Exceptions exist, so do not wait to find out whether one applies to you.
Can I recover if I was partly at fault for the crash?
Usually not, if the defense proves your negligence contributed to the crash, because D.C., Maryland, and Virginia all follow contributory negligence. That is why insurers look so hard for something you did wrong. The doctrine of last clear chance can sometimes overcome the bar, and in D.C. pedestrians and riders of bicycles, scooters, motorcycles, and similar devices are protected unless their negligence was greater than the combined negligence of the defendants.
Is there a cap on pain and suffering after a Maryland car accident?
Yes. For causes of action arising from October 1, 2026 through September 30, 2027, Maryland caps noneconomic damages at $980,000 (Courts and Judicial Proceedings 11-108). The cap rises by $15,000 each October 1. Economic losses such as lost earnings and medical expenses are not capped.
What if the driver who hit me has little or no insurance?
Your own uninsured and underinsured motorist coverage may pay the difference. In Virginia, underinsured coverage is paid without a credit for the at-fault driver's liability coverage unless a named insured elected to reduce it (Va. Code 38.2-2206). We look at every policy in your household before any settlement is signed, because settling the wrong way can affect the claim against your own insurer.
What should I do if a city or county vehicle hit me?
Call a lawyer quickly, because written notice deadlines apply. In D.C., notice to the Mayor is due within six months (D.C. Code 12-309). In Virginia, a written statement to the county, city, or town is due within six months (Va. Code 15.2-209), and in Maryland, notice under the Local Government Tort Claims Act is due within one year (Courts and Judicial Proceedings 5-304).
Do you handle truck, Uber, and motorcycle crashes too?
Yes. Truck, rideshare, and motorcycle crashes each involve additional rules and defendants, such as motor carriers, rideshare insurance tiers, and D.C.'s vulnerable-user statute. Each has its own page on our site, and we handle them in D.C., Maryland, and Virginia.
Related reading
- Contributory negligence in D.C., Maryland, and Virginia
- Steps to take immediately after a car accident in the DC metro area
- Maryland's three-year statute of limitations, explained
- Virginia's UM/UIM law: an FAQ on policies and renewals
- DMV Injury Guide: contributory negligence, the rule that decides most DMV cases
- DMV Injury Guide: deadlines and the timeline of an injury case
Talk to a DMV car accident lawyer today
Virginia gives you only two years to sue, and a crash with a D.C. or Virginia government vehicle can require written notice within six months. The evidence that answers a contributory negligence defense is usually gone long before either deadline.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.