At some point, you have probably driven past a fresh accident and wondered whether you should stop and help. Or perhaps you were the one in the crash, hoping someone would pull over. In Virginia, there is generally no legal duty to come to a stranger's aid, and many people hesitate to help at all, worried they could be sued if their good intentions go wrong. Virginia's Good Samaritan Law addresses that fear.
What the Good Samaritan Law Covers
Virginia's Good Samaritan Law, found at Virginia Code § 8.01-225, shields a person who provides emergency assistance to someone in danger of death or serious injury from civil liability for that person's injury or death. In plain terms, it means that if you make a reasonable effort to help someone in an emergency, you generally cannot be held responsible for ordinary mistakes made while trying to help. Certain conditions have to be met for that protection to apply.
Acting in Good Faith
The rescuer must act in good faith, meaning their motives are sincere and honest. The aim has to be genuinely to help, not to serve some other purpose. For example, if a driver causes a crash and then tries to help the person they injured hoping to avoid being reported to the police, that is not good faith. Likewise, someone who steps in expecting a financial reward may fall outside the law's protection.
Receiving No Compensation
The law protects volunteers, not people being paid for emergency services. If you try to charge the person you helped for your assistance, you are no longer a Good Samaritan under the statute. The immunity is designed for those who give aid freely.
Not Committing Gross Negligence
This is the key limit on the protection. The law covers ordinary negligence, the kind of honest mistake a reasonable person might make under the stress of an emergency. It does not cover gross negligence or willful misconduct, meaning conduct that shows a reckless disregard for another person's safety. If you pull someone from a burning car but then leave them lying in a travel lane where they are struck by another vehicle, the Good Samaritan Law likely will not protect you, because that goes beyond an ordinary mistake.
Who and What Is Protected
Virginia's Good Samaritan Law is fairly broad and not limited to doctors or trained responders. It extends protection to ordinary bystanders in a range of emergency situations, including:
- Helping a crash victim out of a vehicle or giving emergency aid at an accident scene
- Delivering a baby in an emergency
- Handling or transporting hazardous materials at the direction of fire, police, or other emergency personnel
- Administering epinephrine with an EpiPen to someone believed to be having an allergic reaction
- Performing CPR
- Using an automated external defibrillator (AED)
The common thread is a good-faith, uncompensated effort to help someone in a genuine emergency.
What to Do if You Witness an Accident
If you come upon a crash and want to help, a few steps protect both the victims and you.
First, get to a safe place. One crash can quickly become two if people linger in traffic. You cannot help anyone if you are struck stepping out of your car into a live lane. Move your vehicle well clear of the scene and turn on your hazard lights. If you can safely reach the injured and render aid, you may do so. If you cannot approach safely, stay put and wait for responders.
Next, call 911. Report the accident as soon as possible and give the dispatcher as much detail as you can, including the location and whether medical help is needed. Never assume someone else has already called. While Virginia's Good Samaritan Law does not require you to call 911 as a condition of its protection, notifying emergency responders is very often the single most useful thing you can do for an accident victim.
Then, check for injuries if it is safe to do so. If the victims are conscious, try to learn whether they are hurt. Do not move a victim or attempt aid unless the situation calls for immediate, life-saving action, since moving someone with a spinal injury can cause further harm. Stay at the scene until responders arrive.
Finally, give a witness statement. Once law enforcement is on the scene, you will likely be asked for your contact information and an account of what you saw. Answer to the best of your ability, and let them know if you provided any medical aid.
When You Need Legal Help
Witnessing or responding to an accident can be overwhelming, and it is especially distressing if someone you tried to help later blames you for their injuries. If you find yourself in that position, it is worth getting legal advice promptly, because whether the Good Samaritan Law protects you can turn on the specific facts of what you did.
Our firm holds negligent parties accountable, and we have recovered millions of dollars for injured clients over the years across a wide range of challenging cases. Results depend on the specific facts of each case, but that track record reflects the work we put into every claim we handle.
Have Questions About a Good Samaritan Situation? Contact Us Today
If you were injured in an accident, a Virginia Beach personal injury lawyer at Shapiro, Washburn & Sharp can review the facts and explain your options. Contact us at 833-997-1774 for a free consultation. We have offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we are ready to put our experience to work for you and your family.
