What Are The Five Steps To Take After A Drunk Driver Has Hit You In Virginia?
Key Highlights:
- What are the five steps to take after a drunk driver has hit you in Virginia? To best preserve your claim, you need to call 911, get medical care, document the accident scene, report your accident accurately to your insurance company, and speak with a DUI injury lawyer before you sign anything.
- You can pursue your injury claim even if the driver has their criminal charges reduced or dismissed, as the civil rights system operates independently of the criminal justice system.
- If the person’s BAC (blood alcohol content) is 0.15 or higher at the time of the accident or if they have prior DUIs, punitive damages are available to you as an additional remedy.
- Virginia has a very strict two-year limitation statute for personal injury claims, so you should contact Tatum & Atkinson Law Firm right away to preserve all the necessary evidence.
Virginia residents are injured each year due to crashes involving a drunk driver. Many of these, unfortunately, could have been avoided. The decisions you make shortly after an accident occurs will be pivotal in determining your ability to recover damages as well as hold the at-fault party accountable for their actions.
What are the five steps to take after a drunk driver has hit you in Virginia? Knowing the answer could mean the difference between a valid claim or one that is denied. At Tatum and Atkinson Law Firm, our attorneys have helped thousands of Virginia residents throughout the entire process.
If you have been in a DUI crash, contact us at (800) 529-0804 today to get a free consultation.
What Are The Five Steps To Take After A Drunk Driver Has Hit You In Virginia
Here are the five steps you should immediately take after a DUI crash.
Step 1: Call 911 and Stay at the Scene
The first call you should make is to law enforcement. Once officers arrive, they perform a field sobriety test and administer a breathalyzer test. The resulting police report is the single most important piece of evidence after drunk driving accident. Every driver in Virginia is required to remain at the accident scene if there are injuries or property damage. While you wait for the authorities to arrive, do not make any statement that could be construed as an admission of responsibility or apologize for the accident in any way.
Step 2: Seek Medical Attention Immediately
Go to a hospital as soon as possible after the accident occurs, even if you feel fine. The adrenaline produced by your body will mask symptoms of a traumatic brain injury, internal bleeding, or an injured spine for hours after the accident occurs. By seeing a medical doctor soon after your accident and becoming a part of the record system, you create a stamped record with a date and time to establish a causal connection to the accident for the insurance adjusters. Any delay in seeking medical attention can provide insurance companies with the opportunity to argue that your injuries were minor or not related to your accident. When clients ask, “what to do after hit by drunk driver Virginia?” Going to a hospital is the next step, right after calling 911.
Step 3: Document Everything at the Scene
If you are able, document what happens at the scene of an accident. Collect evidence such as photographs of the car, skid marks, road conditions, and any visible injuries. If physically able to do so, before leaving, collect witness contact info. Write down the officer’s badge number and the police report number. Also, write down exactly what the drunk driver said. Statements are weighed heavily in a DUI accident claim Virginia.
Step 4: Report the Accident
Report the accident, but don’t give more information than you need to in order for your insurer to know about it. Because Virginia follows a strict contributory negligence rule, even being 1% at fault could prevent you from recovering damages. So, report only facts such as date, time, location, and whether or not the other driver is arrested for DUI. Avoid saying you feel fine or saying anything that will get you in trouble. Never give a recorded statement before you talk to a drunk driving accident lawyer Virginia. Sometimes, even your own insurer’s interests may conflict with yours.
Step 5: Call a Virginia DUI Accident Attorney Before Signing Anything
Insurance companies will sometimes try to settle with an injured party with an offer of compensation that appears like a lot of money, but if they were to hire an attorney, they would request a much larger amount. The best way to avoid being misled by an insurance company is to call Tatum & Atkinson Law Firm at (800) 529-0804 for a free consultation before signing any documents. At Tatum & Atkinson Law Firm, we do not charge any legal fees until after we win your case.
How DUI Accidents Affect Injury Claims in Virginia
A DUI accident is both a criminal and civil case, and that can benefit you. The DUI accident criminal charge is parallel to your civil personal injury case. If the driver was convicted of a crime (or pleaded guilty), that establishes negligence per se in your civil case, meaning you do not have to establish the driver’s intoxication again in your civil case.
This allows for the potential for punitive damages drunk driving Virginia. Under Virginia Code § 8.01-44.5, punitive damages may be awarded if the driver’s BAC was 0.15 or higher or if they have a prior DUI conviction. While compensatory damages are meant to compensate you for losses, punitive damages are meant to punish the drunk driver. Therefore, punitive damages can greatly increase the total value of your recovery.
Can I sue a drunk driver in the state of Virginia? Yes, it is possible to file suit against a drunk driver with the help of Virginia DUI accident attorney. At Tatum & Atkinson Law Firm, our lawyers will review every option for compensation available to you, which includes not only the at-fault driver’s liability coverage but also your own underinsured motorist insurance policy.
Virginia DUI Laws Every Injured Victim Should Know
Here are four DUI laws within Virginia that every person was injured in a drunk driving accident should know.
The 3-hour Rule
Virginia Code § 18-2-269 provides that a person’s BAC (blood alcohol content) test results will be deemed to be correct (and very much admissible) if the actual testing occurs within three hours of the offense. This means you need to call 911 right away in order to trigger that period of evidence collection.
License Suspension
An arrest will allow the DMV (Department of Motor Vehicles) to suspend your driver’s license before trial on an administrative basis, for 7 days for a first offense, with longer periods after conviction. Thereby indicating the conduct of the driver has been deemed to be dangerous and not trivial.
Jail Time
A first DUI in Virginia is classified as a Class 1 misdemeanor with the potential for up to 12 months in custody. There are required minimum sentences when BAC is elevated: five days for having a BAC of 0.15 to 0.20 and ten days for having a BAC above 0.20. The criminal sanctions associated with DUIs are important when considering your argument for punitive damages in your civil lawsuit.
Drug-Impaired Driving
The Virginia DUI statute applies to drivers impaired by any drug, including marijuana, opioids, prescription medications, or a combination thereof. Therefore, if you are injured by an intoxicated driver in Virginia who was impaired by drugs as opposed to alcohol, your right to file a drunk driver injury lawsuit Virginia against them is the same.
Compensation After a Drunk Driving Crash in Virginia
Recovering compensation after drunk driving accident includes the following:
- Economic Damages: Lost wages, medical treatment, future lost earnings, and costs associated with repairing or replacing a damaged vehicle.
- Non-Economic Damages: Pain and suffering, mental anguish, and loss of enjoyment of life.
- Punitive Damages: May be available in qualifying DUI incidents; however, punitive damages typically cannot exceed $350,000.
Is it worth suing for personal injury?
“The answer will always be yes if the person responsible for the accident was criminally intoxicated. A drunk driver injury lawsuit in Virginia compensates you for all legitimate damages incurred by you because of their actions and holds them accountable to society in a way the criminal justice system does not do adequately.” – Robert Tatum, Founding Attorney
A DUI crash attorney Virginia will build your case against the perpetrator and pursue all types of damages that you are entitled to recover.
What to Expect from the Legal Process
The process of legally dealing with the consequences of a DUI crash involves the separate criminal and civil sides of the law, which allows you to protect your right to receive compensation regardless of what happens in the criminal case or if the other driver fled from the accident.
How often do DUI cases get dismissed?
Generally, DUI cases will get thrown out on procedural issues, such as improper traffic stops, inaccurate breathalyzer calibration, and chain of custody issues for blood samples. Thus, your civil injury claim should be filed independently. A civil case must only prove that you have a ‘preponderance of the evidence’ (more likely than not), as opposed to ‘proof beyond a reasonable doubt’. Even an amended charge will not affect your civil case.
Do police care about minor hit and runs?
Yes. There are serious penalties in Virginia under § 46.2-894 (Leaving the Scene of an Accident Causing Injury). The key factors in pursuing uninsured motorist coverage are:
- Prserving video footage from traffic cameras
- Working with the police and traffic investigators
- Continuing to pursue funds from your damaged vehicle.
Contact Tatum & Atkinson Law Firm’s Virginia DUI Accident Attorneys
Just to recap what are the five steps to take after a drunk driver has hit you in Virginia?
- Call 911
- Get medical attention
- Document all details about the crash
- Call and give a full report to the insurance
- Call us for help.
At Tatum & Atkinson Law Firm, we work on a contingent basis for people injured by intoxicated driver Virginia. You will not pay us unless we collect compensation for you. Our attorneys have in-depth experience with Virginia car accident caused by drunk driver, DUI liability issues, and the various defenses used to deny liability involving insurance companies.
If you have been injured or lost someone you love due to the negligence of a Virginia car accident caused by a drunk driver, do not delay taking action. Evidence disappears, witnesses’ memories fade, and the insurance companies begin building their defense out of the gate.
Please contact us at Tatum & Atkinson Law Firm at (800) 529-0804 for your complimentary consultation today. We are here to help you when you need it the most!
Frequently Asked Questions!
Can I sue a drunk driver in Virginia?
A person who is injured as a result of an act of DUI may file a civil lawsuit against an intoxicated driver. This is true even if the potential for criminal action exists. Punitive damages may be awarded by the courts if appropriate.
What compensation can I recover after a DUI accident in Virginia?
In Virginia, after a DUI accident, you’re entitled to recover damages like medical expenses, lost wages, pain and suffering, costs of future care, and punitive damages if the driver has a BAC of 0.15 or higher or a previous DUI conviction.
Should I go to the hospital after a drunk driving crash?
After a drunk-driving accident, get to a doctor right away. Adrenaline will mask any major injuries you might have, so you’ll need to have a doctor document your injuries on the day of the accident, so you can connect your injuries to the accident.
How do I prove the other driver was intoxicated?
Evidence like police reports, BAC records, field sobriety test records, eyewitness accounts, or video footage helps in proving another driver was intoxicated in both a civil court and criminal court action.
Should I talk to the drunk driver’s insurance company?
No, not without legal help. An adjuster will only try to minimize your total settlement. To ensure that you receive the full amount of your DUI accident claim in Virginia, all correspondence should go through your attorney.
How long do I have to file a DUI accident lawsuit in Virginia?
In Virginia, the statute of limitations for personal injury is typically two years from the date of the injury. If you miss that deadline, you will forever lose your opportunity to file a lawsuit.
