How does Virginia's contributory negligence rule affect a Loudoun County case?
In Virginia, a jury that finds you were even slightly careless, and that your carelessness helped cause your injury, can deny you any recovery at all. That is the contributory negligence rule, and it is why insurers in Loudoun County look so hard for something you did wrong: a glance at a phone, a few miles over the limit on Route 7, a late merge onto the Greenway.
The rule is harsh, but it has limits we use. Contributory negligence is an affirmative defense, so the defendant has to prove it, measured by whether you acted as a reasonable person would for your own safety, and it is ordinarily a question for the jury rather than the judge (Jenkins v. Pyles, 269 Va. 383 (2005)). We answer the insurer's story with evidence: video, the other driver's phone records, and witnesses who saw what happened. For a fuller explanation, see our guide chapter on contributory negligence in D.C., Maryland, and Virginia.
How long do I have to file a lawsuit after a Loudoun County injury?
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)). Some claims have different deadlines, and claims against a locality or a state agency carry much shorter notice requirements, covered below.
We calendar the deadline on day one and file in time whether or not settlement talks are going well. Our chapter on deadlines and the timeline of a DMV injury case lays out the rules side by side.
Which courts hear Loudoun County injury cases?
Most serious Loudoun County injury cases are filed in the Loudoun County Circuit Court in Leesburg, the county seat. The Loudoun County General District Court, also in Leesburg, can hear injury claims up to $50,000; it shares jurisdiction with the Circuit Court for claims between $4,500 and $50,000 (Va. Code § 16.1-77). General District Court has no jury, so for a significant injury we usually file in Circuit Court.
Some cases against out-of-state companies, such as a trucking carrier based elsewhere, end up in the U.S. District Court for the Eastern District of Virginia, whose Alexandria Division covers Loudoun County.
What if a county, town, or state vehicle caused the crash?
A negligence claim against Loudoun County, or against a town such as Leesburg or Purcellville, is forever barred unless a written statement of the claim, including the time and place of the injury, is filed within six months after the claim arises (Va. Code § 15.2-209). The statement must go to the county or town attorney, or to the chief executive or mayor of that county or town. It counts as filed when that office receives it, so we deliver it in a way that proves receipt.
The statute excuses a missing statement only when the right official or the locality's insurer had actual knowledge of the claim within the same six months. We never rely on that exception. The notice rule also does not remove sovereign immunity, which still protects localities in many situations; see our post on where the line falls when you sue a Virginia city or county.
State agencies follow a different rule. A claim against the Commonwealth under the Virginia Tort Claims Act requires a written statement within one year, and when the agency is the Virginia Department of Transportation, the notice goes to the Commissioner of Highways (Va. Code § 8.01-195.6). Our page on injury claims against Virginia governments covers both systems.
Loudoun's roads, Metro, and buses: who is responsible when something goes wrong
Route 7, Route 28, and Route 15
Route 7 carries commuters from Sterling through Ashburn to Leesburg, and Route 28 runs past the Dulles corridor's data centers and office parks, where heavy construction and delivery traffic mixes with commuters. Route 15 runs north and south through Leesburg into western Loudoun, where two-lane roads, farm equipment, and limited lighting change how crashes happen and how they are proved. Our post on why rural Virginia crash cases are different explains what we look for on those roads. When a commercial truck is involved, see our page on truck accident claims.
The Dulles Greenway
The Dulles Greenway is a privately owned toll road running between the Dulles Airport area and Leesburg. A crash caused by another driver on the Greenway is handled like any other car crash. If the road's own condition played a part, the potential defendant is a private company, not a county or town, so the six-month local notice statute is not the rule that governs that part of the claim.
The Silver Line and Loudoun County Transit
Since the Silver Line extension opened in November 2022, Metro trains have run to Loudoun Gateway and Ashburn stations. Metro is operated by the Washington Metropolitan Area Transit Authority, an interstate agency created by the Washington Metropolitan Area Transit Authority Compact of 1966 (Va. Code § 33.2-3100), and claims against it follow their own rules; see our page on Metro and Metrobus injury claims.
Loudoun County Transit runs local buses and commuter buses into Washington. If you are hurt on one of those buses or hit by one, the first questions are who owns the bus and who employs the driver, because a claim against the county starts the six-month clock described above.
Using your own insurance after a Loudoun County crash
Many Loudoun County crashes involve a driver whose liability limits are far too low for the harm done. Virginia changed its underinsured motorist law in 2022, effective July 1, 2023. The current statute requires underinsured motorist coverage to be paid without any credit for the at-fault driver's liability coverage, unless a named insured on your policy signed an election to reduce it (Va. Code § 38.2-2206(A)). Our post on the July 1, 2023 UM/UIM change explains what that means, and our page on Virginia uninsured and underinsured motorist claims covers the rest.
How we serve Loudoun County clients from Georgetown
Our only office is at 3221 M Street NW in Georgetown. Loudoun County is a real drive from there, so we do not expect you to come to us. We meet by phone or video, at your home, or in the hospital, and we travel to Leesburg for court. Ryan Posey and Jacob Lebowitz, our founding partners, are both admitted in Virginia.
Our other Virginia pages explain the law in more depth:
Frequently asked questions
How long do I have to file a personal injury lawsuit in Loudoun County?
In Virginia, you generally have two years from the date of the injury to file a personal injury lawsuit under Va. Code § 8.01-243(A). Some claims have different deadlines, and claims against a county, town, or state agency require written notice much sooner. We calendar the deadline on the first day and file on time whether or not settlement talks are going well.
Can I still recover if I was partly at fault for a crash in Loudoun County?
Possibly not: Virginia follows contributory negligence, so a finding that your own carelessness helped cause the crash can bar recovery entirely. But the defense has to prove it, and the Supreme Court of Virginia has held that contributory negligence is ordinarily a question for the jury. We build the evidence that answers the insurer's version of events before it hardens.
What do I have to do if a Loudoun County or Town of Leesburg vehicle hit me?
You must file a written statement of the claim, including the time and place of the injury, within six months under Va. Code § 15.2-209. It goes to the county or town attorney, or to the chief executive or mayor, and it counts only when that office receives it. Sovereign immunity can still limit the claim, so call a lawyer right away.
Where will my Loudoun County injury case be heard?
Most serious cases are filed in the Loudoun County Circuit Court in Leesburg. The General District Court, also in Leesburg, can hear claims up to $50,000 but has no jury. Some cases against out-of-state companies are heard in the federal court in Alexandria.
Do I have to travel to Georgetown to work with Posey Lebowitz?
No. Our only office is at 3221 M Street NW in Georgetown, and we know Loudoun County is a long drive from there. We meet by phone or video, at your home, or in the hospital, and we appear in the Leesburg courts. Ryan Posey and Jacob Lebowitz are admitted in Virginia.
Who pays if I am hurt on a Loudoun County Transit bus or on the Silver Line?
It depends on who runs the vehicle. A Loudoun County Transit claim may involve the county, the company employing the driver, or both, and a claim against the county requires the six-month written notice. Metro trains are run by WMATA, which operates under an interstate compact with its own rules for claims.
Related reading
- What Virginia's contributory negligence rule means for your claim
- Why rural Virginia crash cases are harder to prove
- Can you sue a Virginia city or county for an injury?
- Virginia's July 1, 2023 underinsured motorist change
- Why to talk to a lawyer early: notice deadlines for local governments
- Injured by a government vehicle, on Metro, or on public property
Talk to a Virginia injury lawyer today
A claim against Loudoun County or one of its towns can be lost six months after the injury if the written notice is not filed, and every Virginia injury lawsuit must be filed within two years. Call us early so neither deadline decides your case.
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.