Hampton Father Dies After Being Struck by Car: What Hampton Roads Families Should Know About Wrongful Death

A recent report from The Virginian-Pilot and Daily Press described the death of a 42-year-old Hampton man who was struck by a car while mowing his lawn.

The incident raises an important question for families in Hampton, Newport News, Norfolk, Virginia Beach, Portsmouth, and throughout Hampton Roads:

When a person dies after being struck by a vehicle, when can the death result in a wrongful death claim under Virginia law?

A fatal accident can leave a family facing much more than the immediate grief of losing a loved one. Depending on the circumstances, family members may also face medical and funeral expenses, the loss of income and household support, and the loss of a loved one’s companionship, guidance, and care.

Virginia’s wrongful death statute provides a legal avenue for certain surviving family members when a death is caused by a wrongful act, neglect, or default that would have supported a personal injury claim had the person survived.

Source: The Virginian-Pilot/Daily Press, “Hampton father dies after being struck by car,” by Peter Dujardin, published in September 2026.

What Happened in Hampton?

According to reporting by The Virginian-Pilot/Daily Press, Brandon A. Jordan, 42, of Hampton, was mowing his lawn on Wheatland Drive on Aug. 23 when a Volkswagen sedan reportedly lost control, traveled onto his lawn, and struck him from behind.

The report states that Jordan was thrown more than 30 feet and was transported to Riverside Regional Medical Center. He was declared dead Aug. 28 after sustaining injuries in the crash. The report also states that the driver allegedly fled the scene on foot and was subsequently arrested in Newport News.

The driver, Cody L. Piper, was reported to have been charged with felony hit-and-run, reckless driving and other offenses related to the crash. The Virginian-Pilot/Daily Press reported that no additional charges had been filed following Jordan’s death as of the article’s publication.

The article also described Jordan’s role as a father to a young son and his family’s efforts to remember him following his death.

This article does not make any determination regarding civil liability. Criminal charges and a wrongful death lawsuit are separate legal matters, and whether someone is legally responsible for a death depends on the evidence and applicable law.  Furthermore, this article is intended for educational purposes about Virginia law generally and does not provide advice or opinion on the specific facts or events of this tragic event.

What Does Virginia Law Say About Wrongful Death?

Virginia’s wrongful death statute, Virginia Code § 8.01-50, allows an action when a person’s death is caused by the wrongful act, neglect, or default of another person or corporation, and the conduct would have entitled the injured person to bring a personal injury action had death not occurred.

In a fatal vehicle crash, that generally means a wrongful death case requires more than simply showing that a collision occurred. The evidence must establish the legal basis for holding another party responsible for the death.

Several issues may become important.

1. Was the Other Driver Legally Responsible?

A wrongful death claim arising from a vehicle crash may involve allegations that a driver was negligent, reckless, or otherwise legally responsible for causing the collision.

Evidence could include the driver’s speed, roadway position, actions immediately before the crash, traffic violations, impairment, distraction, or other circumstances.

However, any criminal case is not related to and does not automatically establish civil liability. The civil case must be evaluated under the applicable rules governing negligence and wrongful death.

2. Did the Conduct Cause the Death?

The administrator of the victim’s estate, who usually is a member of the family, must also establish the necessary connection between the conduct at issue and the death.

In a case involving a pedestrian or homeowner struck by a vehicle, medical records, crash investigation materials, photographs, eyewitness testimony, and expert analysis may all become important in establishing what happened and how the injuries resulted in death.

3. Who Is Entitled to Recover?

Virginia’s wrongful death statute identifies the individuals who may receive damages from a wrongful death recovery.

Under Virginia Code § 8.01-53, the statutory beneficiaries can include a surviving spouse and children, with additional classes of relatives potentially qualifying depending on the circumstances.

That distinction can be particularly important when a deceased person leaves behind a spouse, children, parents, siblings, or other relatives.

4. What Damages Can Be Recovered?

Virginia law permits a wrongful death award to include several categories of damages.

Under Virginia Code § 8.01-52, damages may include:

• Sorrow, mental anguish, and solace;
• Loss of the decedent’s society, companionship, comfort, guidance, and advice;
• Expected loss of the decedent’s income;
• Loss of services, protection, care, and assistance;
• Medical and hospitalization expenses related to the fatal injury;
• Reasonable funeral expenses; and
• In appropriate cases, punitive damages for willful or wanton conduct or sufficiently reckless conduct.

The value of a wrongful death case therefore cannot be determined simply by looking at medical bills or funeral expenses. The law recognizes that the loss of a family member can involve both economic and profoundly personal losses.

Is Someone Legally Responsible for a Fatal Crash?

Whether someone is legally responsible depends on the specific facts.

In a fatal vehicle-pedestrian collision, potentially responsible parties could include:

• The driver who allegedly caused the collision;
• The vehicle owner, depending on the circumstances;
• An employer, if the driver was acting within the scope of employment;
• Another person or entity, if its conduct contributed to the crash; or
• A vehicle or component manufacturer, in an appropriate product-liability case.

The fact that a driver has been arrested or charged does not resolve the civil case.  A criminal case and a civil case are separate cases. However, Virginia Code § 8.01-418 permits the admission into evidence of a plea of guilty, nolo contendere (no contest), finding of guilty in absentia, or forfeiture in criminal prosecution or traffic case in a civil case against a defendant in a personal injury claim.

Similarly, the fact that someone died in a crash does not automatically establish that another person is legally liable. A wrongful death case requires an examination of the applicable duty, breach, causation, damages, and other legal requirements.

What Should a Family Do After a Fatal Accident?

After losing a family member in a serious accident, legal issues may not be the family’s first concern. But certain steps can help preserve information that may become important later.

1. Obtain Information About the Investigation

Families should keep copies of available police reports, crash information, charging documents, and other official records.

If an investigation remains ongoing, additional information may become available later.

2. Preserve Available Evidence

Evidence can disappear quickly.

Depending on the circumstances, relevant evidence could include photographs, video, surveillance footage, dashcam recordings, witness information, vehicle information, medical records, and other documentation.

3. Identify Potential Insurance Coverage

A fatal collision can involve more than one insurance policy. The driver’s liability coverage, vehicle ownership, employment relationship, and other circumstances can affect what insurance may be available.

Families should avoid assuming that the first insurance company that contacts them is the full extent of available insurance coverage, because often there is more coverage available.

4. Be Careful Before Accepting a Settlement

An insurance company may attempt to resolve a claim before the family has a complete understanding of the circumstances or the full extent of the family’s losses.

Before signing a release or accepting a settlement, families should understand what claims are being resolved and whether additional claims could be affected.

5. Understand the Deadline

Virginia law generally requires a wrongful death action under Virginia Code § 8.01-50 to be brought by the decedent’s personal representative (executor or administrator) within two years after the death. Virginia Code § 8.01-244 specifically establishes this two-year limitation period.

Because exceptions and other procedural issues can affect the applicable deadline, families should not assume they have unlimited time to investigate or pursue a claim. When a person dies without a will, the law requires a person to qualify as administrator of the estate to bring a claim for wrongful death on behalf of the statutory beneficiaries. An experienced personal injury attorney can help navigate that process in addition to zealously representing the Estate in promptly bringing and prosecuting the wrongful death claim on behalf of the beneficiaries.

How Virginia Wrongful Death Law Could Affect a Case Like This

The Hampton crash reported by The Virginian-Pilot/Daily Press illustrates why the circumstances surrounding a fatal accident matter.

According to the report, the vehicle left the roadway and struck Jordan while he was mowing his lawn.  If the facts of a collision show that a driver’s wrongful conduct legally caused the collision, the question may become whether that conduct supports a wrongful death claim under Virginia Code § 8.01-50.

A civil wrongful death investigation can extend beyond determining whether the driver was arrested or cited. Attorneys may examine how the crash happened, why a driver’s vehicle collided with the deceased, what the driver was doing immediately beforehand, whether other factors contributed to the collision, and what insurance or other sources of recovery may exist.

A family’s losses from the death of their loved one can also extend well beyond the immediate costs of treatment or funeral expenses. Virginia law specifically permits wrongful death damages for losses such as the decedent’s expected income and services, as well as sorrow, mental anguish, solace, companionship, guidance, and other aspects of the family relationship.

For a young child who loses a parent, for example, the legal analysis may involve evidence concerning the parent’s expected financial contributions as well as the care, guidance, companionship, and other support the parent would have provided over time. The facts of each family are different, and damages must be evaluated based on the evidence.

Importantly, a wrongful death claim is a civil action. It is separate from any criminal prosecution arising from the same accident. A criminal case may provide evidence relevant to a civil claim, but the outcome of criminal charges does not by itself determine whether a wrongful death plaintiff can recover.

What Evidence Could Matter in a Wrongful Death Case?

A thorough investigation may involve evidence from numerous sources.

• Police reports: These can provide information about the initial crash investigation, witnesses, diagrams, statements, and citations or charges.
• Accident reconstruction: An expert may analyze vehicle positions, impact evidence, roadway conditions, speed, and other physical evidence to help determine how a crash occurred.
• Photographs and video: Images can document the accident scene, vehicles, roadway, visibility, property damage, and other conditions.
• Surveillance footage: Nearby businesses, residences, traffic systems, or other cameras may have captured portions of an incident.
• Traffic-camera footage: Available roadway or intersection video may help establish vehicle movements immediately before a collision.
• Dashcam footage: Recordings from other motorists may provide independent evidence of what occurred.
• Cellphone evidence: Where legally obtainable and relevant, cellphone records or other electronic evidence may help determine whether distraction played a role.
• Witness statements: People who saw the crash or observed the driver’s conduct beforehand may provide important firsthand information.
• Medical records: Medical documentation can establish the injuries sustained, treatment provided, and relationship between the accident and death.
• Expert testimony: Depending on the case, medical, economic, accident-reconstruction, or other experts may help explain technical issues.
• Vehicle data: Information from the vehicle may help investigators determine speed, braking, steering, or other circumstances.
• Employment records: Evidence concerning the decedent’s occupation, income, benefits, and work history may be relevant when calculating certain economic losses.
• Family and household evidence: Evidence concerning the decedent’s relationship with surviving family members may help demonstrate losses involving care, assistance, companionship, and guidance.
• Insurance information: Identifying applicable insurance policies can be important when determining potential sources of compensation.

The purpose of this investigation is not simply to determine what happened, but to establish the facts necessary to answer who may be legally responsible and what losses resulted from the death.

When Should You Talk to a Virginia Wrongful Death Attorney?

A family may want to speak with a Virginia wrongful death attorney when a loved one has died in a motor vehicle accident and another person or organization may have contributed to the death.

An attorney can help evaluate:

• Who may be legally responsible;
• How the accident occurred;
• What evidence should be preserved;
• Whether additional insurance coverage may exist;
• Whether other parties may share responsibility;
• What damages may be recoverable;
• Who may qualify as an Administrator;
• When someone may qualify as an Administrator;
• Who qualifies as a statutory beneficiary;
• Whether a wrongful death lawsuit may be appropriate; and
• What deadlines apply (there are multiple deadlines).

Early legal investigation can also be important because physical evidence, surveillance footage, vehicle data, and witness recollections may become more difficult to obtain as time passes.

How Slaughter & Lupton Law Helps Virginia Families After a Wrongful Death

At Slaughter & Lupton Law, our attorneys represent clients in Virginia and North Carolina in serious personal injury and wrongful death matters.

Our personal injury practice includes:

• Wrongful death
• Car accidents
• Truck accidents
• Motorcycle accidents
• Maritime injuries
• Pedestrian accidents
• Bicycle accidents

Our attorneys bring extensive trial experience to serious injury and wrongful death cases. We work to determine what happened, identify potentially responsible parties, preserve important evidence, and pursue the compensation available under the law.

If your family has lost a loved one because of a serious accident, you do not have to navigate the legal process alone.

Contact Slaughter & Lupton Law for a free consultation.

No Fee Unless We Win.

 

Frequently Asked Questions

What does Virginia law say about wrongful death after a car accident?

Virginia Code § 8.01-50 allows a wrongful death action when a person’s death results from another person’s or entity’s wrongful act, neglect, or default and the conduct would have supported a personal injury claim had the person survived. The specific facts must establish the legal basis for liability and the resulting damages.

Who can be held responsible for a fatal car accident in Virginia?

Potentially responsible parties can include a negligent driver and, depending on the facts, a vehicle owner, employer, manufacturer, or another party whose conduct contributed to the crash. Liability depends on the evidence and applicable law. The fact that an accident occurred or that criminal charges were filed does not automatically establish civil liability.

How long do I have to file a wrongful death claim in Virginia?

Under Virginia Code § 8.01-244(B), a wrongful death action under § 8.01-50 generally must be brought by the decedent’s personal representative within two years after the death. Certain circumstances can affect how limitation periods operate, so families should have their specific situation evaluated rather than relying solely on the general two-year rule.

What evidence should I preserve after a fatal car accident?

Families should preserve police reports, photographs, videos, witness information, medical records, insurance correspondence, and other records relating to the accident and the decedent’s life and finances. Depending on the circumstances, surveillance footage, dashcam video, vehicle data, cellphone evidence, and expert analysis may also become important.

Can I still recover compensation if the deceased person was partially responsible?

Potential recovery can depend on Virginia’s rules governing contributory negligence and the particular facts of the case. Virginia generally follows a contributory-negligence approach, which can create significant consequences when the evidence indicates that the injured or deceased person contributed to the accident. Because wrongful death cases involve specific statutory and evidentiary requirements, this issue should be evaluated by a Virginia attorney.

Should I speak with the insurance company after a fatal accident?

Families may be contacted by insurance companies soon after a fatal accident. They should be cautious about providing recorded statements, signing documents, or accepting a settlement before understanding the potential claims and available coverage. An attorney can help a family understand what an insurer is requesting and whether a proposed resolution adequately addresses the claim.

How much is a wrongful death claim worth in Virginia?

There is no standard value for a wrongful death claim. Potential damages depend on factors including liability, the decedent’s age and circumstances, income and expected future earnings, medical and funeral expenses, family relationships, loss of services and support, and the evidence supporting the family’s losses. Virginia law also permits certain non-economic damages, including sorrow, mental anguish, solace, companionship, and guidance.

Sources

News Source

The Virginian-Pilot/Daily Press, “Hampton father dies after being struck by car,” by Peter Dujardin, September 2026.

Virginia Law

• Virginia Code § 8.01-50 — Action for death by wrongful act
• Virginia Code § 8.01-52 — Amount of damages
• Virginia Code § 8.01-53 — Class and beneficiaries
• Virginia Code § 8.01-54 — Distribution of wrongful death recovery
• Virginia Code § 8.01-418 — When a plea, finding, or forfeiture in a criminal or traffic case is admissible in a civil case.
• Virginia Code § 8.01-244 — Wrongful death statute of limitations
• Rice v. Charles, 260 Va. 157, 532 S.E.2d 321 (2000) — discussing the purpose of Virginia’s wrongful death statute and damages available to statutory beneficiaries.

Disclaimer: This article provides general information about Virginia law and is not legal advice. Laws may change, and the outcome of any particular case depends on its specific facts. Nothing in this article establishes or implies that Slaughter & Lupton Law represents anyone involved in the Hampton crash discussed above.