What Should You Know About Drunk Driving Accidents in Virginia?
Key Highlights for a Drunk Driving Accident Lawyer in Virginia
- You may be able to file a civil suit against a drunk driver whose actions led to your injury or injuries.
- Compensation can include things such as medical bills, lost wages, pain and suffering, and any future medical care you may need.
- For cases of extreme recklessness of the driver or level of intoxication, you may be entitled to punitive damages as well.
- Be cautious when dealing with insurance providers because often they will want to minimize the amount that they pay, or even place the blame on you.
- After an accident, your first priority should be medical attention, followed by notifying law enforcement and gathering evidence.
- It is important to note that you do not have to wait for a DUI case to file your civil personal injury case, since civil and criminal cases are completely separate.
Virginia law allows you to file a claim against a drunk driver who caused your accident for reimbursement of your medical expenses, lost wages, general pain and suffering, damage to your vehicle, etc. In addition, under certain circumstances, you may be entitled to punitive damages provided that the drunk driver showed extreme indifference to other people’s safety.
Following a drunk driving crash, you must seek medical attention, report the automobile accident to the police, preserve evidence from the accident scene (pictures of injuries, property damage, etc.), and avoid rushing into any agreement with the insurance company before consulting an experienced Virginia DUI accident attorney.
I’m Robert Tatum, an attorney at Tatum & Atkinson Law Firm. If you have been involved in a drunk driving crash, you may receive a free consultation with the attorneys of Tatum & Atkinson Law Firm by calling (800) 529-0804. There is no fee for our representation unless we obtain a favorable settlement for you.
What Happens Legally After a Drunk Driving Accident?
There are essentially two kinds of cases involved with DUI accidents that occur in Virginia: criminal cases and civil cases.
A criminal case consists of the Commonwealth of Virginia prosecuting the individual accused of driving under the influence or being impaired by alcohol or drugs at the time of the accident. Police will investigate the accident and gather evidence against the driver to determine whether a case can be made and what charges may be brought against the individual (i.e., DUI, reckless driving, intoxication, etc), depending on the circumstances surrounding the crash.
In addition to potential criminal charges, the injured person may also have a civil claim for damages resulting from the crash (i.e., medical bills, lost wages, physical pain, duration of the recovery process, and how the accident affected their life).Â
Neither the civil nor the criminal case gets in the way of the other. The defendant may have to pay a fine and restitution to the injured person.
A civil claim may still progress even if the criminal case is delayed, reduced, or resolved in an unsatisfactory manner. The purpose of the civil claim is to provide compensation for the victim’s losses resulting from the injury.
Is the Drunk Driver Always Liable in Virginia?
When the driver is intoxicated or impaired by something else, he/she is always acting carelessly or recklessly. However, when it comes to proving how the accident occurred, Virginia will typically take into consideration all of the facts surrounding the accident. Most of the time, an injured party has to prove that the intoxicated driver (or impaired driver) caused the accident, which resulted in the injuries to him/her.
There are a lot of different variables that can also be argued before an insurance company, such as the speed the individual was going, how far over the center line he/she was driving (if applicable), weather/road/visibility conditions at the time of the accident, etc.; hence the need for having good evidence.
Some examples of good pieces of evidence include, but are not limited to, the following:
- ​Police Report(s)
- Witness Statements
- Body Camera Footage
- BAC Test Results
- Field Sobriety Test
- Photographs of the Accident Scene
- Vehicle Damage Documents
- Surveillance Footage
- Medical Records
- Accident Reconstruction Analysis
Can You Sue a Drunk Driver in Virginia?
Certainly. If you have been injured due to the negligence of an impaired driver, then the query, can you sue a drunk driver in Virginia?
 In a large number of instances, the answer would be “yes.”Â
If someone is responsible for causing injuries through driving while intoxicated, they can be sued through a Virginia drunk driver lawsuit if the plaintiffs bring a claim against the intoxicated driver.Â
Depending upon the situation, other individuals or entities could also be held partially responsible for these injuries and damages, such as vehicle owners, employers, rideshare companies, and other negligent drivers, who may also be investigated as part of a thorough investigation of the accident.
Each situation will be different, requiring that a thorough investigation be undertaken before determining the appropriate parties to pursue in the context of a claim.Â
What Damages Can Victims Recover in DUI Cases?
The injured victim from the accident may be entitled to compensation for their injuries, which can be either economic or non-economic in nature.
Examples of economic or non-economic damages available through a DUI accident Virginia claim include:
Medical Bills and Future Treatment
Medical damages may include:
- Emergency room treatment (not limited to the emergency room);
- Ambulance transportation
- Hospital stays;
- Surgery;
- Physical therapy;
- Prescriptions (medication);
- Specialist care; and
- Future medical treatment.Â
Lost Income and Reduced Earning Ability
Lost wages will be compensated if the injured victim was required to take off from work due to their injuries. If the injuries sustained will prevent the victim from earning income in the future (not limited to lost wages), they may seek to recover compensation for the future loss of income.
Pain, Suffering, and Daily Life Losses
To establish a strong drunk driving crash injury compensation Virginia claim, the plaintiff will need to demonstrate the damages that he/she suffered as a result of the accident. Examples of damages that should be addressed will include:
- Pain and suffering;
- Emotional distress;
- Reduced quality of life; and
- Other personal injury damages that were experienced as a result of being injured in the accident.
Can You Receive Punitive Damages for a DUI Crash?
Punitive damages are different than regular injury damages. The purpose of punitive damages is to punish a person’s extremely reckless behavior and prevent similar behaviors from occurring again.
Punitive damages drunk driving Virginia can be awarded in certain cases, and only if specific requirements have been met.
Factors that can help the case for punitive damages include:
- High blood alcohol content (BAC)
- Previous DUI convictions
- Extremely high rates of speed
- Reckless driving habits
- Severe injuries to the victim
- Disregard for public safety is shown by the driver’s actions
What If the Drunk Driver Has No Insurance?
If the driver is uninsured after injuring you while driving under the influence of alcohol, your own uninsured or underinsured motorist insurance may help you recover damages.
The area of drink driving accident claims in Virginia may become somewhat complex due to potential sources of insurance coverage for your injuries and losses. This means you should look beyond the insurance after drunk driving accident Virginia when calculating what, if any, recovery you will be able to make.
Potential sources of insurance that may cover your losses include:
- Uninsured motorist coverage
- Underinsured motorist coverage
- Multiple vehicle policies, if applicable
- Employer liability
- Any applicable insurance policies
As such, you should not assume you will not recover from an uninsured driver simply because the driver did not have insurance when the accident occurred.
How Do Police Prove Drunk Driving After a Crash?
Additional evidence may be used by law enforcement to prove impairment for a DUI arrest, such as:
- Field sobriety tests
- Personal observations of the driver
- Breath analyzer tests
- Blood samples
- Witness testimony
- Open container availability
- Driving behavior observations
For example, in Virginia, an individual can be charged for a DUI if their blood alcohol concentration (BAC) is 0.08% or over; however, a driver can also be charged with a DUI if their BAC level is under 0.08% and there is enough evidence to show the driver was impaired.
What Should You Do Immediately After a DUI Accident in Virginia?
The following is a step-by-step guide on what to do after DUI accident Virginia:
- Call 911 right away.
- Get medical help for anyone injured.
- Take photos of the accident scene.
- Obtain witness contact information.
- Keep any related documents (medical bills, accident reports) as proof.
- Do not talk to anyone about who caused the accident until you have talked to an attorney.
- Follow the recommendations or advice of any doctors or medical professionals.
- Do not take any offers from the insurance company until you have talked with an attorney qualified in DUI Accident cases.
- Contact your insurance carrier.
- Hire a DUI accident attorney Virginia.
How Do Insurance Companies Handle DUI Claims?
Following an intoxicated driver accident, most insurance companies will react fast. Although their motives might seem helpful, insurance companies are frequently attempting to limit payments.
Examples of how an insurance company will support its purposes include:
- Questioning injuries,
- Challenging the course of medical treatment,
- Questioning lost wages,
- Offering early settlement offers,
- And trying to lower the amount of your claims.
Gathering sufficient documentation may help you protect your claims.
Can Passengers Injured in a DUI Crash File Claims?
Passengers injured due to the reckless behavior of the driver may have limited legal recourse against the drunk driver’s actions.
This would include the following:
- Passengers travelling in the drunk driver’s vehicle
- Passengers travelling in another vehicle
- Rideshare passengers
- Taxi passengers
- Passengers driving to work in their work vehicle
Insurance considerations may play a large part in these cases.
What If You Were Hit by a Drunk Driver and Seriously Injured?
To conduct a thorough assessment of an accident involving a serious injury drunk driving crash Virginia, we’ll take into consideration some common types of injuries, such as traumatic brain injuries, trauma injuries to the spinal cord, broken bones, internal injuries, burn injuries, amputations, and permanent disability.
A serious injury accident case can often involve future medical care costs, long-term care needs, and loss of future income.
Hit by a Drunk Driver Compensation in Virginia: 7 Factors that Affect Case Value?
Factors and why do they matter?
- Injury Severity: Serious injuries generally mean higher damages
- Medical Treatment: Staying consistent with care strengthens your case
- Lost Income: Shows the real financial toll on your life
- Insurance Coverage: Determines how much compensation is actually available
- Fault Disputes: Contested liability can reduce your recovery
- Punitive Factors: Especially reckless behavior can lead to additional damages
- Long-term Impact: Permanent or lasting injuries often carry greater claim value
Common Ways Drunk Drivers Cause Virginia Crashes
Judgment, reaction time, coordination, and decision-making are all affected by alcohol consumption. The most common factors that contribute to drunk driving crashes include running traffic signals, crossing the center line, rear-ending another vehicle, driving the wrong way, driving too fast, not yielding at an intersection, or falling asleep at the wheel; these behaviors can cause serious injuries.
Should I Hire a Lawyer After a DUI Crash?
If you were involved in an accident that caused injury or missed time from work, required medical treatment, if the insurance company has contacted you, or if there is a dispute over liability, then you may want to speak with an attorney. An attorney can investigate your accident and find evidence, negotiate with the insurance companies, and pursue compensation.Â
Why Local Virginia Experience Matters
The laws, deadlines, insurance matters, and the court process for Virginia injury claims are all individual states with particular differences from one another (e.g., California injury claims)
Obtaining local experience is significant for identifying specific legal and practical issues that may have an impact on the outcome of your case.
A Short Word From Our Side
We have talked to many people who have been in drunk driving accidents, and all of them have experienced confusion, frustration, and overwhelming feelings of what’s going to happen next after experiencing an accident due to drunk driving.Â
All these feelings are quite common, and as such, you do not necessarily need all the answers right now but rather need to have guidance on reliable sources and should understand the variety of options available to you.
A Drunk Driving Crash Is Personal. The Claim Should Be Handled That Way
If you have been involved in a traffic accident where a driver was intoxicated, you may be facing much more than just physical damage to your truck or car accident. You could also suffer from physical injury, emotional distress, financial hardship, and uncertainty about what the future holds for you.
You are entitled to have the answers you need. You have the right to know your legal rights. If the facts show that the driver was intoxicated (and the facts do), you will have the right to pursue compensation from him or her.
The sooner the evidence is collected and protected, the better off your chances are to recover the compensation you are entitled to.
Talk With Tatum & Atkinson Law Firm About Your Virginia Drunk Driving Accident Claim
After being involved in a car crash with an intoxicated driver in Virginia, Tatum & Atkinson can assess your situation and assist you with the claims process and provide information regarding your rights as an accident victim.Â
We work on a contingency fee basis (no legal fees unless we win) with no pressure on you to retain us. We’ll be there to provide direction and clarity throughout the entire process! Call us at (800) 529-0804 to schedule your free consultation today.
FAQs: Hit by Drunk Driver Compensation in Virginia and More!
At What Time Do Most Drunk Driving Accidents Occur?
Drunk driving crashes generally happen at night or late at night on weekends and holidays. There’s typically a greater risk for these types of accidents because there is a considerably higher rate of alcohol consumption and thus a much greater number of impaired drivers at these times.
Will 3 Beers Get Me a DUI?
Many different factors will affect whether or not you will have a BAC (Blood Alcohol Concentration) that is above the 0.08% legal limit, and so there is no way to answer this question with an absolute number; among those factors are your body weight, gender, how much food you have consumed before and while drinking, how much alcohol is in each drink consumed, and the pace at which you consume your alcoholic beverages. In Virginia, it is possible that you can be arrested for DUI, even if you do not have a BAC of .08% (or above), and your driving ability may still have been impaired.
What Happens If I Get a DUI for the First-Time in Virginia?
In the state of Virginia, a first-offender conviction for DUI may result in fines, a suspension of driving privileges, a mandatory alcohol education program, the requirement that you have an ignition interlock device installed in your vehicle for a specified period of time, an increase in the cost of your auto insurance, and potentially serve time in jail depending upon the circumstances.
How Long Do I Stay in Jail for a DUI in Virginia?
The amount of jail time that you can be sentenced to will depend on various factors, including your BAC level, any prior criminal offenses that you have, whether or not there were injuries as a result of the DUI offense, and other aggravating circumstances. Generally speaking, a first-time offender may receive minimal jail time, whereas more severe cases of DUI will receive a longer jail sentence.
What’s Worse, DUI or DWI in Virginia?
DUI is the legal term used in Virginia. DUI and DWI are often used interchangeably when referring to someone being impaired by alcohol or drugs, or both. When dealing with an injury claim due to someone driving under the influence, it is best to prove impairment and liability, rather than focusing on the terminology used.
