In any action for personal injury or death arising from conduct that constitutes a felony violation of § 46.2-894, punitive damages may be awarded to the plaintiff.
§ 8.01-44.5:1.Punitive damages; hit and run drivers.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2026 · Last verified July 16, 2026
In one sentenceA companion provision that lets a plaintiff recover punitive damages in a personal injury or wrongful death action arising from conduct that amounts to a felony hit-and-run violation under § 46.2-894.
Full Text of § 8.01-44.5:1
Plain-English Summary
This short provision authorizes punitive damages in an action for personal injury or death arising from conduct that constitutes a felony violation of § 46.2-894, Virginia’s statute requiring a driver involved in an accident to stop and provide information or assistance. It parallels the punitive-damages authorization for intoxicated drivers in § 8.01-44.5, but ties eligibility to a different predicate: fleeing the scene of an accident under circumstances that make the conduct a felony rather than a misdemeanor.
Unlike § 8.01-44.5, this section does not spell out its own detailed proof standard or evidentiary presumptions; it opens punitive damages to the finder of fact once the underlying conduct meets the felony hit-and-run threshold. Any resulting award remains subject to the general Virginia cap on combined punitive damages set out in § 8.01-38.1.
Frequently Asked Questions
What kind of conduct triggers punitive damages under this section?
Conduct that constitutes a felony violation of § 46.2-894, arising from an action for personal injury or death.
Does the plaintiff have to prove the driver was also intoxicated?
No. This section is tied to the felony hit-and-run conduct itself, not to intoxication, which is instead the basis for punitive damages under the separate § 8.01-44.5.
Is this section related to the punitive-damages provision for intoxicated drivers?
Yes. It sits alongside § 8.01-44.5 as another basis for punitive damages in a motor-vehicle injury or death case, keyed to felony hit-and-run conduct rather than intoxication.
Does the general Virginia cap on punitive damages apply to awards under this section?
The general punitive-damages cap in § 8.01-38.1 applies broadly to actions accruing on or after July 1, 1988, and nothing in this section exempts awards made under it from that cap.
What is a “felony violation” of § 46.2-894?
Section 46.2-894 is Virginia’s hit-and-run statute, requiring a driver involved in an accident to stop and provide information or assistance; leaving the scene under circumstances that elevate the offense to a felony is what triggers eligibility for punitive damages under this section.
Amendment History
2026, c. 473.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia punitive damages hit and run8.01-44.5:1 felony hit and run lawsuitva code 46.2-894 civil punitive damagesleaving the scene of accident lawsuit virginiahit and run injury civil damages virginia