Why Hire Tatum & Atkinson, PLLC If I Was Hit By A Drunk Driver In Virginia?

Key Highlights:

• If you are hit by a drunk driver, punitive damages may be available. Victims of DUI drivers may recover Virginia DUI accident punitive damages up to $350,000 where the driver’s BAC was 0.15 percent or higher in Virginia.
  
• 1 Percent at fault gets you nothing. Virginia is one of the few states that follows Virginia contributory negligence drunk driver rules, and therefore, even 1 percent fault bars recovery. 
• Evidentiary proof vanishes quickly. Video surveillance, BAC results, and witness statements must be obtained immediately because the proof needed can disappear after just a few days.
• Insurance companies seek quick settlements. Insurers seek a cheap settlement before you know all of your options.
• Contact us at (800) 529-0804 for a free consultation. We only take contingency fees; there is no charge if there is no recovery.

A case of driving under the influence is different from a routine car accident claim. It has another avenue that a typical rear-end collision simply does not have: punitive damages, criminal charges filed parallel to the civil case, and an adjuster who knows well that in Virginia, this driver gets treated differently. And whoever handles your case decides if that other avenue is worth exploring or not.

Now, here is how these two types of cases differ and how to spot the right firm for your case.

I am Robert Tatum, and I am an attorney with Tatum & Atkinson Law Firm. Having worked as a veteran-owned law firm since 2006, our firm boasts over 65 years of combined experience dealing with Virginia drunk driving accidents. Should you ever be involved in an accident with a drunk driver in Virginia, we know all about the Virginia DUI accident punitive damages that are payable.

The part most people don’t know: Virginia lets you punish the driver

In Virginia, drunk driving injury claim Virginia laws were included as part of the state’s civil code statute. Under Va. Code § 8.01-44.5 punitive damages, you may be able to seek punitive damages, which are damages beyond your actual losses, such as your medical bills and wage loss; this is meant to punish the driver rather than compensate you for your actual losses.

The statute includes a triggering mechanism. In other words, when a driver was above 0.15 BAC, which is almost double the 0.08 limit in Virginia, and the other requirements of the statute are satisfied, the behavior would be considered sufficiently willful to justify punitive damages even without meeting any other requirement. 

Failure to undergo breath or blood tests could also be used as well to meet the trigger. Below 0.15 BAC, punitive damages can still be claimed when the driving was done recklessly and indicated a conscious disregard of others’ safety.

There is a cap on punitive damages under Va. Code § 8.01-38.1, which is $350,000 regardless of what the jury would say. However, there is no cap on compensatory damages.

That alone is the sole reason why someone should hire a Virginia drunk driving accident lawyer if they have been injured, because punitive damages don’t just come out of nowhere; they are argued and fought for.

The 1% rule doesn’t disappear because the other driver was drinking

It is a strict Virginia contributory negligence drunk driver state. Being held responsible for just 1% of your fault in the accident can result in being barred from recovery.

That’s not something that changes if the other party was driving under the influence.

Your adjuster strategy doesn’t change. All the insurance company needs is one percent of fault, even if it’s just that you were speeding slightly, or looking at your phone, or could have stopped sooner. Your driver’s blood alcohol concentration works well to your advantage, but it doesn’t negate contributory negligence as a defense.

Don’t give them the 1%. Do not provide a recorded statement to the insurance company before consulting with a Virginia drunk driving accident lawyer.

The evidence that carries a drunk-driving case

These types of cases make themselves or break themselves in the early weeks of the case. Some of it is criminal, and some of it must be preserved.

Crash report and DUI arrest reports. These documents include the reading, observations, and charges. This is the core of the civil case. Results of breath or blood tests. The number 0.15 is the threshold for Va. Code § 8.01-44.5 punitive damages, so these tests are critical in these accidents more than in most others. Unreasonable refusal determination. 

If the driver refuses testing, the unreasonable refusal determination can serve as a predicate to punitive damages. DUI history and ASAP files. Convictions and participation in alcohol education programs prove prior knowledge of the risk. Witnesses and videos. The bar tab, videos, witnesses, and video fill in the holes left by the lack of evidence from the breath or blood test.

There are two facts that you need to know about this. 

1. One is that you do not need a criminal conviction to prevail in court. This is because in civil cases, there is the standard of a preponderance of the evidence rather than beyond a reasonable doubt. 
2. However, there is another thing you need to remember. Evidence gets destroyed. Surveillance videos get overwritten within a few days.

What the insurance company is doing while you recover

The National Highway Traffic Safety Administration reports that 11,904 deaths have been caused by alcohol-impaired driving crashes in 2024, which amounts to 32 per day. Insurance companies are aware of these statistics. In addition to this, what the insurance companies understand but the client doesn’t is that many automobile insurance policies do not cover punitive damages.

It makes a difference in your drunk driving injury claim Virginia because the liability insurance of the driver may not cover the punitive damage part of the recovery. This will mean that the recovery has to be made from more than one source: liability insurance, your own uninsured or underinsured motorist coverage, and even the personal assets of the driver. There is no dram shop liability in Virginia, so you cannot sue the bar or restaurant that provided too much alcohol to the driver.

At the same time, the claims adjuster wants a quick, quiet resolution that will hopefully occur before you realize that the case is one of punitive damages, and before the doctor documents just how far your recovery extends. Early settlements leave money on the table.

Where Tatum & Atkinson come in

As your Virginia drunk driving accident lawyer, Tatum & Atkinson knows the Va. Code § 8.01-44.5 punitive damages drill for the statutory 0.15 threshold, the cases where common-law willful and wanton conduct must be proven instead, and where the punitive damage coverage exclusions lurk.

We operate our Virginia accident law practice from Cedar Bluff, gateway to Southwest Virginia (southwest Virginia car accident attorney), and the courts of Tazewell County, with lawyers licensed to practice in North Carolina, Virginia, and West Virginia. Having lawyers who practice in multiple states makes a difference in accidents involving the interstate highways I-77 and I-81 near the state line, where the laws of which state apply can determine whether you win or lose. 

What to do now

• See a doctor and make sure all documentation is preserved. Treatment gaps are the defense for the adjuster.
• Don’t make any statements about the accident to the other person’s insurance company.
• Take photos of the scene, your car, and your injuries if possible.
• Get witness statements while the information is still fresh.
• Contact a Virginia drunk driving accident lawyer before the tape is erased.

Talk to a Virginia drunk driving lawyer before the trial goes cold

If you’re unsure of your position after being hit by a drunk driver in Virginia, then your indecision is another good reason to give us a call. The first seven days of the process are the medical visits and the paper trail. The rest of it can wait until you have your feet under you, but the evidence cannot.

Tatum & Atkinson has developed drunk driving injury claim Virginia cases since 2006 from the Cedar Bluff drunk driving lawyer location, which serves Tazewell County and southwestern Virginia. The Heavy Hitters know all of the tricks of the trade that the adjuster will use, the recorded statement approach, the speedy lowball, and the silent wager that you don’t know you may be entitled to Virginia DUI accident punitive damages. Tatum & Atkinson make the Va. Code § 8.01-44.5 punitive damages claim, track down every insurance policy, and develop the case as if it were ready for trial.

Contact us at (800) 529-0804 for a free consultation. We only take contingency fees; there is no charge if there is no recovery. 

FAQs: Hire Tatum & Atkinson, PLLC If You Hit By A Drunk Driver In Virginia!

What does it cost to hire Tatum & Atkinson for a drunk driving case? 

The fee is deducted from the recovery amount, which means that the cost of hiring a Virginia drunk driving accident lawyer should not be a deterrent when seeking compensation from drunk driving injury claim Virginia.

Will my case go to trial, or will it settle? 

The majority of personal injury claims get settled. However, a case where there is a good opportunity for pursuing Virginia DUI accident punitive damages can help drive the number higher, and this can happen only when the case is ready for a trial. Settlement is an agreed-upon payment that does not involve a court decision, whereas a verdict is the compensation awarded by the jury.

Can I still recover if I was partly to blame for the crash? 

That’s when Virginia contributory negligence drunk driver rules get tough. As the jurisdiction applies a strict contributory negligence rule, even 1% fault can deprive you of recovery. This is exactly what makes the adjuster look for any kind of fault on your side and why you shouldn’t talk to their insurer about what led to the crash without consulting with a Virginia drunk driving accident lawyer first.

Does the drunk driver have to be convicted for me to win? 

The civil lawsuit is not related to the criminal matter. It uses the much lower burden of proof, and you may win the civil case even if the criminal one is dismissed or amended down to a lesser offense.

How long do I have to file in Virginia? 

Two years from the date of the accident, generally, with wrongful death actions being counted back from the date of death. It does not matter if the criminal case has been concluded by that time.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.