If you are reading this, something has probably gone badly wrong. A crash on the Beltway. A fall on a broken Metro escalator. A driver who turned left into the crosswalk while you were in it. You are hurting, you are worried about money and work, and an insurance adjuster may already be calling.
This guide is written for you and your family, not for lawyers. It is fifteen short chapters, each built around one practical question. Read it in order or jump to the chapter you need today.
Why is injury law in the DMV different?
In D.C., Maryland, and Virginia, an injured person who is found even partly at fault for their own injury is generally barred from recovering anything, under a rule called contributory negligence. Maryland's highest court refused to abandon the rule in 2013 (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)), D.C.'s courts call it an absolute bar (Felton v. Wagner, 512 A.2d 291 (D.C. 1986)), and Virginia applies it too (Williams v. Harrison, 255 Va. 272 (1998)).
Most of the country uses comparative fault instead, which reduces an injured person's award by their share of the blame. Here, the insurer's goal is not to shave a percentage off your claim. It is to find one fact that makes you look careless, because one fact can be enough to pay nothing.
That changes how a DMV case has to be built. The evidence that shows exactly what happened (video, vehicle data, independent witnesses) matters more here than almost anywhere else, and it is the evidence that disappears first. What you say in the first days matters too, because a casual "I didn't see him" can become the whole defense.
There are important exceptions. In D.C., pedestrians and "vulnerable users" such as cyclists and scooter riders who are hit by a motor vehicle can still recover unless their own negligence helped cause the injury and was greater than the combined negligence of the defendants (D.C. Code § 50-2204.52). All three jurisdictions also recognize the last clear chance doctrine, which can let a partly careless person recover when the defendant had a real chance to avoid the harm. Chapter 2 explains both.
What else changes from one side of the line to the other?
The three jurisdictions share contributory negligence, but the deadlines and notice rules are different, and some are short. Here are the ones that catch people most often.
| Rule | D.C. | Maryland | Virginia |
|---|---|---|---|
| General deadline to file an injury lawsuit | 3 years (D.C. Code § 12-301(8)) | 3 years (Md. Code, Cts. & Jud. Proc. § 5-101) | 2 years (Va. Code § 8.01-243(A)) |
| Written notice for claims against local government | 6 months, to the Mayor (D.C. Code § 12-309) | 1 year, to the official the statute names for that county or city (Md. Code, Cts. & Jud. Proc. § 5-304) | 6 months, to the locality's attorney, chief executive, or mayor (Va. Code § 15.2-209) |
| Fault rule | Contributory negligence, with a vulnerable-user exception | Contributory negligence | Contributory negligence |
Many crashes here happen near a state line, on a bridge, or on federal parkland, and the place of the crash can decide which of these rules applies. Chapter 7 covers that question.
Who is this guide for?
- People hurt in car, truck, motorcycle, rideshare, and bus crashes anywhere in the DMV
- Pedestrians, cyclists, and scooter riders hit by vehicles
- People hurt on Metro or by a government vehicle
- People hurt by a dangerous condition in a store, apartment, or other property
- Families who have lost someone through another person's carelessness
- Anyone being pressed by an insurer to give a statement or take a quick check
If you only read one thing
- Get medical care right away and describe every symptom, however small.
- Find out which police agency took the report and get the report number.
- Do not discuss fault at the scene or with the other driver's insurer.
- Photograph the scene, the vehicles, and your injuries, and write down every witness's name and number.
- If a bus, a government vehicle, or public property was involved, assume a short notice deadline is already running.
- Do not sign a release or medical authorization for the other side without advice.
- Stay off social media about the injury.
- Call a lawyer early. The consultation is free.
The chapters
- The First 72 Hours After a Crash or Injury: a step-by-step checklist for the first three days, including which police agency has your report.
- Contributory Negligence: The Rule That Decides Most DMV Cases: how the fault rule works in each jurisdiction, and the exceptions that keep claims alive.
- Focus on Treatment First: why consistent care protects your health and your claim, and how PIP and MedPay can pay early bills.
- Gathering Evidence While It Still Exists: the video, vehicle data, and records that vanish first, and how to hold on to them.
- Preserving Documents and Records: a checklist of the paperwork that proves what the injury has cost you.
- Why You Should Talk to a Lawyer Early: the short notice deadlines and other reasons waiting costs injured people in the DMV.
- Which State's Law Applies to Your Injury?: how courts here choose between D.C., Maryland, and Virginia law, and where a case can be filed.
- Dealing With Insurance Adjusters: recorded statements, medical authorizations, quick offers, and releases.
- Using Your Own Insurance: PIP, MedPay, and UM/UIM: the coverage on your own policy that pays when the other driver's is not enough.
- Medical Bills, Health Insurance, and Liens: who pays while the case is pending, and who may claim part of the settlement.
- What Your Case Is Worth: the categories of damages and the caps that apply in each jurisdiction.
- Deadlines and the Timeline of a DMV Injury Case: side-by-side filing deadlines and what happens from the first call to trial.
- Injured by a Government Vehicle, on Metro, or on Public Property: notice rules, immunity, and limits for claims against governments and WMATA.
- Social Media and Other Mistakes That Hurt Your Case: the avoidable errors insurers use to argue contributory negligence.
- DC, Maryland & Virginia Personal Injury Glossary: plain-English definitions of the terms you will hear from adjusters, doctors, and lawyers.
Where to go from here
If you already know what kind of case you have, our practice pages go deeper: car accidents, pedestrian injuries, Metro injuries, and wrongful death. Each jurisdiction also has its own overview: D.C., Maryland, and Virginia.
This guide is general information, not legal advice about your situation, and reading it does not create an attorney-client relationship. Laws and deadlines change, and the facts of your case matter.
Frequently asked questions
What is the DMV Injury Guide?
It is a free, plain-English guide for people injured in D.C., Maryland, or Virginia and their families. It has fifteen short chapters, from the first 72 hours after an injury through deadlines, insurance, and what a case is worth. It is general information, not legal advice about your situation.
Why is injury law different in D.C., Maryland, and Virginia?
All three follow contributory negligence, which can bar an injured person from recovering anything if they were even slightly at fault. Most of the country uses comparative fault instead, which only reduces an award. That makes early evidence and careful statements unusually important in DMV cases.
How long do I have to file an injury lawsuit in the DMV?
Generally three years in D.C. and Maryland and two years in Virginia from the date of the injury. Claims against governments can require written notice much sooner, as little as six months for the District of Columbia and for Virginia counties, cities, and towns. Some claims have different deadlines, so check yours early.
Do pedestrians and cyclists in D.C. lose their claim if they were partly at fault?
Not usually. A D.C. statute protects pedestrians and vulnerable users such as cyclists and scooter riders hit by motor vehicles, barring their claims only if their own negligence helped cause the injury and was greater than the combined negligence of the defendants. That exception does not exist in Maryland or Virginia.
Does Posey Lebowitz handle cases in Maryland and Virginia?
Yes. Our office is in Georgetown in Washington, D.C., and we appear in Maryland and Virginia courts. Ryan Posey and Jacob Lebowitz are admitted in Maryland and Virginia, and we meet clients by phone, by video, or at home or in the hospital when that is easier.
Related reading
- How contributory negligence works in D.C., Maryland, and Virginia
- Steps to take right after a car accident in the D.C. area
- Why D.C.'s fault rule works differently for pedestrians and cyclists
- How to deal with insurance adjusters after an accident
- Guide chapter 1: the first 72 hours after a crash or injury
- Guide chapter 2: contributory negligence in the DMV
Talk to a DMV injury lawyer today
Claims against D.C. and Virginia localities can require written notice within six months, and Virginia gives most injured people only two years to sue. A short call now costs nothing and can keep those clocks from running out.
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.
Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
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.