# Car accident lawyers in Roanoke, VA

URL: https://roanokeaccidentlawyer.com/
Title: Roanoke Car Accident Attorney: What to Do & Who to Call
Last reviewed: October 13, 2026
Site: Roanoke Accident Lawyer

> After a Roanoke car accident, get medical care, report the crash, and be careful what you tell insurers. Virginia can bar your claim if you share fault. Most injury suits must be filed within two years. A car accident attorney can handle the claim for you.

A crash on I-81, I-581 or Route 460 is frightening, and the days after it are confusing. You may be hurt, your car may be damaged, and an insurance adjuster may already be calling. This page walks you through what to do, which Virginia rules matter, and who can help in the Roanoke Valley. Each section stands on its own, so jump to the one you need.

## What should you do in the first 72 hours after a crash in Roanoke?

The first 72 hours are about safety, records and medical care. You do not need to solve everything at once. Work through these steps in order and write down what you do.

1. **Get safe and call 911.** Move out of traffic if you can. Ask for police and an ambulance if anyone is hurt. On I-81 or I-581, stay off the travel lanes.
2. **Notify the police.** [Va. Code § 46.2-371](https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-371/) requires a driver, or someone acting for the driver, to notify law enforcement immediately when a crash injures or kills anyone.
3. **Stop, share information and help.** [Va. Code § 46.2-894](https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-894/) requires a driver to stop, give required information and render reasonable aid after a crash involving injury, death or attended property damage. Leaving the scene can bring serious criminal charges.
4. **Take photos and find witnesses.** Photograph the cars, the road, signs, skid marks and your injuries. Ask witnesses for a name and phone number. Note nearby cameras, such as those at a store or gas station.
5. **See a doctor.** Some injuries show up hours or days later. A medical visit protects your health and creates a record that links your symptoms to the crash.
6. **Tell your own insurer.** Report the crash promptly and give plain facts. You can say you are still getting medical care.
7. **Get the crash report.** The table below shows who takes the report in each part of the Roanoke Valley and how to request a copy.
8. **Keep every record.** Save medical bills, repair estimates, pay stubs, photos and messages. A simple folder or notebook is enough.

When an officer investigates, the report is not optional for the police. Under [Va. Code § 46.2-373](https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-373/), the officer forwards a written report when the crash involves injury, death or total property damage to an apparent extent of $3,000 or more. Your own written report to the DMV is a separate step. Under [§ 46.2-372](https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-372/), a driver may file one, but the statute says "may," not "shall."

## Should you handle the claim yourself or hire a Roanoke car accident attorney?

You can handle a small claim yourself. A lawyer becomes more useful as the injury, the dispute or the number of parties grows. A free case review costs nothing to ask for, and it can help you decide.

| Situation | Handle it yourself | Hire a lawyer |
| --- | --- | --- |
| Damage to your car only, no injuries | Often reasonable. Get estimates and deal with the insurer directly. | Rarely needed unless the insurer disputes the claim. |
| You were hurt and are still treating | Risky. The full cost of care may not be clear yet. | Worth a conversation before you sign anything. |
| Fault is disputed | Hard. Virginia can bar a claim if you share fault. | Helpful. A lawyer can gather evidence and challenge the other side's account. |
| A city, county or state vehicle was involved | Special notice rules apply, with short deadlines. | Strongly worth a call. See the deadlines section. |
| The other driver has no insurance | You will deal with your own insurer's uninsured motorist coverage. | Helpful. Coverage disputes can be complicated. |
| Someone died | Not a do-it-yourself matter. | Speak with a lawyer as soon as you are able. |

Ask any firm how it charges. A contingency fee is a fee that is paid only if the case recovers money, and firms differ on how they treat case costs. The featured firm in the lawyer list above describes its own terms in its card.

Court size matters too. Under [Va. Code § 16.1-77](https://law.lis.virginia.gov/vacode/title16.1/chapter6/section16.1-77/), the General District Court has exclusive jurisdiction over civil claims of $4,500 or less. Claims above that, up to $50,000, can be filed there or in Circuit Court. Larger injury claims often go to Circuit Court.

## Who takes the crash report in the Roanoke Valley, and how do you get a copy?

The agency that investigated your crash holds the report. In the Roanoke Valley that is usually Roanoke City Police, Roanoke County Police or Salem Police. If a state trooper investigated your crash, the Virginia State Police direct you to the DMV for a copy.

| Where it happened | Agency | How to request | Fee | Timing |
| --- | --- | --- | --- | --- |
| City of Roanoke | [Roanoke City Police](https://www.roanokeva.gov/FormCenter/Police-26/Traffic-Accident-Report-Request-Form-Pol-193) | Online, through the city's Traffic Accident Report Request Form | Not stated on the form page | Not stated |
| Roanoke County | [Roanoke County Police](https://www.roanokecountyva.gov/1865/Request-Police-Reports) | Call Records at (540) 777-8605 or submit a public records request online | No charge for citizens | Not stated |
| City of Salem | [Salem Police](https://salemva.gov/m/faq?cat=33) | Call Records at (540) 375-3083 and ask a Records Clerk if it is ready | $10 | [Normally 24 to 48 hours](https://salemva.gov/540/Police) after the officer completes it |
| Investigated by a state trooper | [Virginia State Police](https://vsp.virginia.gov/state-police-report/) | Request it from the DMV | See DMV row | See DMV row |
| Any Virginia crash on file with the DMV | [Virginia DMV](https://www.dmv.virginia.gov/records/request-police-crash-report) | Mail, fax or in person | $8 per report | Not stated |

A few details help the request go smoothly.

- **Roanoke County.** The Police Records Division may ask for the date and time, the location, the names of the parties and the officer's name. You can also pick up other police reports in person at the Public Safety Center, 5925 Cove Road, Roanoke, VA 24019. Bring photo ID. [Insurance companies](https://www.roanokecountyva.gov/1085/Crime-Reports) can get copies through the DMV.
- **Salem.** The Salem Police Department is at 36 East Calhoun Street, Salem, VA 24153. The FAQ lists a phone route and no online option.
- **Virginia DMV.** Send Information Request Form CRD 93 with the police crash report box checked, or write a request that gives your involvement, the crash date and time, the location and your license number. Mail goes to Customer Records Work Center, Room 514, Virginia Department of Motor Vehicles, Post Office Box 27412, Richmond, VA 23269. Pay by check or money order. The fax number is (804) 367-0390 with the DMS 004 authorization form. You can also visit a customer service center.

The DMV releases reports to people with a direct interest, including drivers, passengers, injured persons, vehicle and property owners, personal representatives, attorneys for anyone involved and insurance company representatives. The DMV returns the fee if it finds no report.

## What deadlines apply to a Virginia car accident claim?

Deadlines in Virginia are short, and missing one can end a claim. The table lists the main ones. Each row links to the statute it comes from.

| Claim | Deadline | Statute |
| --- | --- | --- |
| Personal injury | two years after the cause of action accrues | [Va. Code § 8.01-243(A)](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/) |
| Property damage | five years after the cause of action accrues | [Va. Code § 8.01-243(B)](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/) |
| Wrongful death | two years after the death of the injured person | [Va. Code § 8.01-244](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/) |
| Written notice of a claim against a city, county or town | six months after the cause of action accrues | [Va. Code § 15.2-209](https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/) |
| Written notice of a claim against the Commonwealth | one year after the cause of action accrues | [Va. Code § 8.01-195.6](https://law.lis.virginia.gov/vacode/title8.01/chapter3.2/section8.01-195.6/) |

A statute of limitations is a legal deadline for filing a lawsuit. A notice requirement is separate: it asks you to tell the government in writing about the claim before you sue.

The local-government notice goes to the county, city or town attorney, or to the mayor or chief executive. It must state the nature of the claim and the time and place of the injury. The notice is treated as filed when received. The statute has an exception when the locality had actual knowledge of the claim within the same period. For a claim against the Commonwealth, the notice goes to the Director of the Division of Risk Management or the Attorney General, and claims involving the Department of Transportation go to the Commissioner of Highways.

Exceptions exist for each rule. Do not wait to find out whether one applies to you. Talk to a lawyer early, and mark your own dates on a calendar.

## How does Virginia's contributory negligence rule affect your claim?

Contributory negligence is a rule that bars an injured person from recovering if their own negligence contributed to the crash. Virginia courts apply it as a complete bar, so even a small share of fault on your side can end the claim.

The Supreme Court of Virginia discussed the defense in [O'Neill v. Windshire-Copeland Associates, 267 Va. 605 (2004)](https://caselaw.findlaw.com/court/us-4th-circuit/1296749.html), as quoted in a Fourth Circuit opinion. That case involved a building-code violation, not a car crash, but it shows how the court treats the defense.

What this means in practice:

- Insurers look for any fault on your side, even a small share.
- If you are found even slightly at fault, your claim can be barred.
- What you say early matters. A guess such as "I didn't see him" can be used later.
- Evidence matters. Photos, witness names, camera footage and the police report can show what happened.

This does not mean you have no claim if you think you made a mistake. Fault is often shared in ways that are not obvious, and an insurer's view of fault is not the final word. Before you give a recorded statement, consider speaking with a lawyer who handles crash cases.

## What insurance covers a crash in Virginia?

Virginia requires drivers to carry minimum liability insurance. Liability coverage pays for harm you cause to others, not for your own injuries. The minimums depend on when the policy took effect, under [Va. Code § 46.2-472](https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-472/).

| Policy effective | Bodily injury, per person | Bodily injury, per accident | Property damage, per accident |
| --- | --- | --- | --- |
| On or after January 1, 2025 | $50,000 | $100,000 | $25,000 |
| January 1, 2022 to before January 1, 2025 | $30,000 | $60,000 | $20,000 |

The per-accident bodily injury figure applies when two or more people are hurt. These are minimums, and serious injuries can cost more than a minimum policy pays. Check your own policy for the limits you actually carry.

Uninsured and underinsured motorist coverage is coverage you buy on your own policy that can pay when the at-fault driver has no insurance or too little. Under [Va. Code § 38.2-2206](https://law.lis.virginia.gov/vacode/title38.2/chapter22/section38.2-2206/), most Virginia auto liability policies must include it. Its limits generally match your liability limits and do not go above them, unless a named insured rejects the added coverage. If you are not sure what your policy includes, ask your insurer for the declarations page.

## What about crashes in Salem, or with a truck on I-81?

Crashes outside the city of Roanoke bring different agencies and, sometimes, different facts to prove.

### Salem

If your crash happened in Salem, the Salem Police Department handles the report. Records staff at (540) 375-3083 can tell you whether your report is ready. If you are searching for a Salem VA car accident lawyer, look for a firm with an office or service area that covers the Roanoke Valley, and confirm it takes car accident cases.

### Truck crashes on I-81

A crash with a tractor-trailer on I-81 or Route 460 can involve more parties than a two-car crash: the driver, the trucking company and possibly others. It can also involve more evidence, such as vehicle data and company records, that can disappear if no one asks for it early. If you are comparing firms for a Roanoke truck accident lawyer, ask whether the firm lists truck accidents among its practice areas. The featured firm above does.

## Which lawyers handle car accident cases in Roanoke?

The list below starts with Fishwick & Associates PLC, then shows other Roanoke-area firms in alphabetical order. Each entry comes from the firm's own website. A listing is not a ranking or an endorsement.

Other Roanoke-area firms are listed after the first entry, in alphabetical order.

- **Fishwick & Associates PLC** (lead attorney John P. Fishwick Jr.), 30 Franklin Rd SW Ste 700, Roanoke, VA 24011, (540) 345-5890
- Altizer Law, P.C., 324 Washington Avenue Southwest Ste A, Roanoke, VA 24016, (540) 345-2000
- Gentry Locke Attorneys, 10 Franklin Road S.E., Suite 900, Roanoke, VA 24011, (540) 983-9300
- Law Offices of Easter P. Moses, 120 Church Ave SW Suite 200, Roanoke, VA 24011, (540) 345-6700
- Loeschen Law Firm, PLLC, 30 East Clay St. #210, Salem, VA 24153, (877) 645-0683
- Marks & Harrison, 34 Campbell Ave SW, STE 130, Roanoke, VA 24011, (540) 258-4215
- MichieHamlett PLLC, 110 Franklin Rd SE, Suite 410, Roanoke, VA 24011, (434) 951-7200
## How do you choose a car accident lawyer?

Choosing a lawyer is a personal decision. Use this checklist, and ask each firm the same questions.

- **Licensed in Virginia.** Confirm the attorney is licensed by checking the Virginia State Bar's attorney search.
- **Fee agreement in writing.** Ask how the fee is calculated and when it is owed.
- **Case costs.** Ask who pays filing and other costs, and what happens to them if there is no recovery.
- **Who handles your file.** Ask which attorney will work on your case and who you will talk to day to day.
- **Experience with crash cases.** Ask how many crash cases the firm has taken to trial, and about cases like yours.
- **Communication.** Ask how often you will get updates and how quickly calls are returned.
- **Local office.** A Roanoke office makes it easier to meet in person, drop off papers and attend local court dates.

You can call more than one firm. A first conversation costs you time, not money, at firms that offer free consultations.

## Frequently asked questions

### How long do I have to file a car accident claim in Virginia?

For most injury claims, the Code of Virginia sets a filing deadline of two years from the date of the crash. Property damage has its own deadline of five years. Claims against a city or county need written notice within six months. Exceptions exist, so ask a lawyer early.

### Can I recover anything if I was partly at fault?

Often not. Virginia follows contributory negligence, a rule that can bar an injured person from recovering if their own negligence contributed to the crash. Insurers look for any share of fault on your side. Because the rule is strict, speak with a lawyer before you give a recorded statement or accept an offer.

### How much does a Roanoke car accident attorney cost?

It depends on the firm, so ask for the fee agreement in writing. Fishwick & Associates PLC states that it works on a contingency basis, with no attorney fee unless the firm recovers compensation on your behalf. Ask any firm how it handles case costs if there is no recovery.

### How do I get a Roanoke police accident report?

It depends on who investigated. Roanoke City Police reports are requested through the Traffic Accident Report Request Form on the city's website, roanokeva.gov, which asks for your name, your relationship to the incident, the incident number and the date. Roanoke County, Salem and the Virginia DMV each have their own process. The crash report table lists every route.

### Do I have to report a car accident to the police in Virginia?

Yes, when someone is hurt or killed. Virginia Code § 46.2-371 requires immediate notice to law enforcement in that case. A driver's own written report to the DMV is optional under § 46.2-372. Even in a minor crash, calling the police gives you an official record to work from.

### Should I talk to the other driver's insurance company?

You can give basic facts, but be careful. The other driver's insurer is working to protect its own policyholder, not you. Do not guess about fault, speculate about injuries, or agree to a recorded statement before you understand your injuries. A lawyer can handle those calls for you.

### What if the other driver has no insurance?

Check your own policy. Under Va. Code § 38.2-2206, most Virginia auto liability policies must include uninsured and underinsured motorist coverage, unless a named insured rejected it. That coverage may pay when the at-fault driver has no insurance or too little. Report the crash to your insurer promptly and keep your records.

### Is a Roanoke personal injury attorney the same as a car accident lawyer?

Not exactly, but they overlap. Personal injury is the wider field: it covers harm from crashes, falls, defective products and more. A car accident lawyer focuses on crash claims within it. Many Roanoke personal injury attorneys handle car, truck, motorcycle and bicycle cases, so check which crash types a firm takes.

## Sources

- [Va. Code § 46.2-371 (notice of accident to police)](https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-371/)
- [Va. Code § 46.2-372 (driver's report to DMV)](https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-372/)
- [Va. Code § 46.2-373 (officer's report)](https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-373/)
- [Va. Code § 46.2-894 (duties after a collision)](https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-894/)
- [Va. Code § 46.2-472 (minimum liability limits)](https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-472/)
- [Va. Code § 38.2-2206 (uninsured and underinsured motorist coverage)](https://law.lis.virginia.gov/vacode/title38.2/chapter22/section38.2-2206/)
- [Va. Code § 16.1-77 (general district court jurisdiction)](https://law.lis.virginia.gov/vacode/title16.1/chapter6/section16.1-77/)
- [Va. Code § 8.01-243 (personal and property injury limits)](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/)
- [Va. Code § 8.01-244 (wrongful death limit)](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/)
- [Va. Code § 15.2-209 (notice of claim against a locality)](https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/)
- [Va. Code § 8.01-195.6 (notice of claim against the Commonwealth)](https://law.lis.virginia.gov/vacode/title8.01/chapter3.2/section8.01-195.6/)
- [Fourth Circuit opinion quoting O'Neill v. Windshire-Copeland Associates, 267 Va. 605 (2004)](https://caselaw.findlaw.com/court/us-4th-circuit/1296749.html)
- [Roanoke City: traffic accident report request form](https://www.roanokeva.gov/FormCenter/Police-26/Traffic-Accident-Report-Request-Form-Pol-193)
- [Roanoke County Police: request police reports](https://www.roanokecountyva.gov/1865/Request-Police-Reports)
- [Roanoke County: crime reports and Public Safety Center](https://www.roanokecountyva.gov/1085/Crime-Reports)
- [Salem Police Department](https://salemva.gov/540/Police)
- [Salem: crash report FAQ](https://salemva.gov/m/faq?cat=33)
- [Virginia DMV: request a police crash report](https://www.dmv.virginia.gov/records/request-police-crash-report)
- [Virginia State Police: crash reports](https://vsp.virginia.gov/state-police-report/)

General information, not legal advice. Canonical page: https://roanokeaccidentlawyer.com/