Virginia Good Samaritan Law for Drivers: What to Do When You Witness an Accident

You're driving down Route 29 when you see it: a car off the shoulder, smoke pouring from the hood, someone slumped behind the wheel. Your instinct is to pull over and help — but you hesitate. What if you make things worse? What if you're sued? Virginia's Good Samaritan Law was written for exactly this moment. Here's what every Virginia driver should know about stopping to help — and the legal protections you have when you do.

What Is Virginia's Good Samaritan Law?

Virginia's Good Samaritan Law, codified at Virginia Code § 8.01-225, protects people who voluntarily and in good faith provide emergency care at the scene of an accident or sudden medical event. As long as you're acting reasonably and without expecting payment, you cannot be held civilly liable for ordinary negligence in trying to help.

In short: stopping to assist a stranger after a crash won't land you in court for honest mistakes. The law is designed to encourage drivers and bystanders to step in when seconds matter.

Who Is Covered by the Law?

The Good Samaritan protection applies broadly to:

• Everyday drivers who pull over to help at an accident scene

• Off-duty medical professionals (doctors, nurses, EMTs) responding voluntarily

• People administering CPR, using an AED, or performing basic first aid

• Those administering naloxone (Narcan) in suspected overdoses

• Witnesses who call 911 and direct traffic to keep others safe

The key word is voluntary. Once you're being paid or you're on-duty as a professional responder, the standard of care expected of you is different.

Virginia's Good Samaritan Law has no minimum certification requirement — any driver, with any training level, is protected when acting in good faith to help at an emergency scene.

When the Law Does NOT Protect You

The shield is strong but not unlimited. You can still be held liable in Virginia if:

• You acted with gross negligence or willful misconduct — for example, recklessly moving someone with an obvious spinal injury

• You accepted or expected payment for your help

• You caused the accident yourself — the law doesn't protect at-fault drivers

• You impersonated a medical professional or claimed training you don't have

Are You Legally Required to Stop?

This is where many Virginia drivers get confused. The Good Samaritan Law doesn't require you to stop and help a stranger — but Virginia's hit-and-run law absolutely does require you to stop if you were involved. Even brushing another car in a parking lot triggers reporting obligations under § 46.2-894.

If you're a witness who didn't cause the accident, you have no legal duty to stop in Virginia. But once you do stop, the Good Samaritan Law gives you broad protection to help.

What to Do When You Witness an Accident

1. Pull Over Safely

Get well off the road, hazards on, and far enough from the wreck that you don't become victim number two. Distracted drivers approaching the scene are a real risk.

2. Call 911 First

Before approaching the scene, call 911 with your location and a quick description. Cellular calls in Virginia are routed by tower, so try to give a specific mile marker, exit number, or cross street.

3. Check for Hazards

Look for fuel leaks, downed power lines, fire, smoke, or unstable vehicles before you approach. If the situation looks unsafe, wait for emergency responders.

4. Provide Basic Help — Stay Within Your Skills

Keep injured people calm and still. Don't move someone unless they're in immediate danger (like a vehicle on fire). Apply pressure to bleeding wounds if you can do so safely. If you know CPR or have AED training, use it.

5. Stay Until Help Arrives

First responders will want a witness statement. Stick around if it's safe to do so, and share what you saw clearly and factually.

The Defensive Driving Connection

Good Samaritan moments aren't planned — they happen when you're paying attention to the road and the world around you. That's the essence of defensive driving: scanning for hazards, anticipating problems, and being ready to act.

Drivers who complete a defensive driving course are statistically more likely to avoid accidents themselves and to respond well when others need help. It's a skill set worth investing in.

Frequently Asked Questions

Can I be sued for helping at an accident in Virginia?

The Virginia Good Samaritan Law protects you from civil liability for ordinary negligence when you stop in good faith to help. You can only be sued for gross negligence or willful misconduct — a very high legal bar.

Am I required to stop if I witness a car accident I didn't cause?

No. Virginia law only requires drivers involved in an accident to stop and report. If you're simply a witness, stopping is voluntary — but encouraged, especially to call 911 and provide a witness statement.

Does Virginia's Good Samaritan Law cover drug overdoses?

Yes. Virginia expanded the law to specifically protect people who administer naloxone (Narcan) in good faith during a suspected opioid overdose, as well as people who call 911 to report an overdose.

Stay Sharp Behind the Wheel

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