Alexandria Personal Injury Lawyer

Who handles Alexandria cases at our firm?

Founding partners Ryan C. Posey and Jacob M. Lebowitz are admitted in Virginia, Maryland, and D.C. and handle our Virginia cases personally. Alexandria faces both Maryland and the District across the Potomac, so knowing more than one jurisdiction's law is part of the job here.

Our office is in Georgetown, at 3221 M Street NW in Washington, D.C., a short drive up the George Washington Memorial Parkway from Old Town. We do not have an office in Virginia. 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.

Why does it matter that Alexandria is an independent city?

Alexandria is not part of any county, so it has its own courts and its own city government with its own legal rules. The City of Alexandria alone makes up Virginia's Eighteenth Judicial Circuit (Va. Code § 17.1-506), and serious injury cases are tried in the Alexandria Circuit Court at 520 King Street. Smaller claims, up to $50,000, may be filed in the Alexandria General District Court instead (Va. Code § 16.1-77(1)).

Alexandria is also home to the federal courthouse for this part of Virginia: the Eastern District of Virginia holds court in Alexandria (28 U.S.C. § 127(a)). Claims against the federal government, and many claims against Metro, end up there.

Most important, Virginia treats cities differently from counties. A county is generally immune from negligence suits. A city like Alexandria is immune only when it performs a governmental function, and can be liable like anyone else when it performs a proprietary one.

Can you sue the City of Alexandria?

Sometimes: a Virginia city is immune from tort liability for its governmental functions but has no immunity for its proprietary functions, and "routine maintenance or operation of a municipal service is proprietary" (City of Chesapeake v. Cunningham, 268 Va. 624 (2004)). In that decision the Supreme Court of Virginia listed examples on both sides.

• Usually proprietary (city can be liable): routine maintenance of existing streets and sidewalks, and keeping drains in repair.
• Usually governmental (city is immune): planning and designing streets, regulating traffic with signals, emergency snow removal, and ambulance services.

When the two overlap, the governmental function controls and immunity applies (Cunningham). So a trip on a broken sidewalk in Old Town may support a claim against the city, while a complaint about how an intersection was designed usually will not. A city employee driving in ordinary traffic generally does not share the city's immunity and can be sued directly (Heider v. Clemons, 241 Va. 143 (1991)).

How to give the city notice

A negligence claim against a Virginia city is forever barred unless a written statement of the claim is filed within six months after it accrues (Va. Code § 15.2-209). The statute sets out exactly what is required:

• Who receives it: the Alexandria City Attorney, or the city's mayor or chief executive (§ 15.2-209(B)).
• What it says: the nature of the claim, including the time and place the injury occurred (§ 15.2-209(A)).
• How it is delivered: by hand, by any form of U.S. mail, or by commercial delivery service; it is filed when the office receives it, and the injured person must prove receipt (§ 15.2-209(C) and (D)).

A missing notice is excused only if the city attorney, mayor, chief executive, or the city's insurer actually knew the nature, time, and place of the claim within those six months (§ 15.2-209(A)). Because the statute is strictly construed (§ 15.2-209(G)), we treat that exception as a last resort, not a plan.

What if a DASH bus or Metro was involved?

DASH buses are run by the Alexandria Transit Company, whose board of directors is elected by the Alexandria City Council. Whether a separate entity created by a locality shares that locality's immunity depends on how the entity is organized and what powers the law gives it, a question Virginia courts decide case by case. We investigate the operator's structure and insurance, and we send notice to the city within six months anyway, so the claim survives whichever way that question comes out.

Metro's Yellow and Blue Lines serve King Street-Old Town, Braddock Road, Potomac Yard, Eisenhower Avenue, and Van Dorn Street, and Metrobus runs throughout the city. WMATA's interstate compact makes it liable for torts in proprietary functions, like operating its trains and buses, but not governmental ones, and the claim must be brought against WMATA itself (Va. Code § 33.2-3100, Compact § 80). See Metro and Metrobus injury claims.

Which law applies to a crash on the Wilson Bridge?

It depends on where on the bridge the crash happened. The Woodrow Wilson Bridge carries I-95 and I-495 across the Potomac from Alexandria into Maryland, and Maryland's filing deadline, insurance rules, and damages cap differ from Virginia's. Before we choose a court or a deadline, we pin down the location from the police report and the scene evidence. Our guide explains which state's law applies to crashes on the region's borders.

Inside the city, Route 1, Duke Street, King Street, and the streets around the Metro stations carry heavy traffic next to dense foot traffic. The City of Alexandria's Vision Zero report for July 2023 to June 2024 states that more than 100 people were killed or severely injured in traffic crashes in Alexandria from 2019 to 2023 (City of Alexandria, Vision Zero FY24 Report).

How does contributory negligence affect an Alexandria case?

In Virginia, negligence by the injured person that was a proximate cause of the injury generally bars recovery entirely, but the last clear chance doctrine can save the claim (Coutlakis v. CSX Transportation, Inc., 293 Va. 212 (2017)). The Supreme Court of Virginia recognizes two versions. A "helpless" plaintiff who cannot escape the danger may recover if the defendant saw, or should have seen, the person in time to avoid the harm. An "inattentive" plaintiff who could escape but did not notice the danger may recover if the defendant actually saw the person and realized, or should have realized, the danger in time.

That matters on Old Town's crowded sidewalks and crosswalks, where the insurer's first argument is usually that the pedestrian was looking at a phone. A distracted pedestrian can still recover if the driver saw the pedestrian and realized, or should have realized, the danger in time to stop. Our Virginia pedestrian injury page covers the proof.

How long do you have to file?

In Virginia, you generally have two years from the date of the injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)). A claim against the City of Alexandria needs written notice within six months, and if the crash happened on the Maryland side of the Wilson Bridge, Maryland's rules may control instead.

What if the other driver fled or had too little insurance?

Your own uninsured motorist coverage can pay. If the driver is unknown, Virginia lets you sue "John Doe" and serve your own insurer (Va. Code § 38.2-2206(E)). If there was no contact with the other vehicle, the crash must be reported promptly to your insurer or to the police (§ 38.2-2206(D)), so call the Alexandria Police the same day.

For policies issued or renewed on or after July 1, 2023, underinsured motorist coverage pays without a credit for the at-fault driver's liability coverage unless a named insured signed an election to reduce it (§ 38.2-2206(A); 2022 Va. Acts ch. 308). See Virginia UM/UIM claims.

Virginia injury cases we handle

Related reading

• Understanding contributory negligence in Virginia and what it means for your claim
• Hurt on Metro: your rights as a WMATA passenger
• Hit-and-run in Virginia: John Doe claims and your UM coverage
• Virginia's new UM/UIM law: questions about policies and renewals
• Suing the government in Virginia and the short notice deadlines
• DMV Injury Guide: which state's law applies to your injury?

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.